Case closed at NVC; how to reopen?

[Sweetoosohni 0]

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

[Erichson 0]

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Im afraid they might need to start from the beginning.

If a period of one year passes without contacting the NVC (by e-mail, telephone, or mail), all

submitted fees and documents will expire. Upon expiration, the fees and documents would need to

be resubmitted in order to continue the immigration process.

[Mellow 8]

What exactly is the priority date of the petition for the sister ? If it's in 2003 then the petition is not yet current because the NVC is processing only Dec 1, 2000 PDs. That means this case is awaiting visa availability and is not expired. Ask petitioner or beneficiary to call or email NVC to find out the case status.

[Darnell 8,478]

have the petitioner call in, inquire for casefile status, inquire for how to resume processing.

Use a telephone.

[NigeriaorBust 4,087]

In regards to the children , CPSA would cover the time from when the case was submitted to when it was originally approved. So if they sent it in Jan of 2003 and it was approved in Jul you could remove 6 months from the childs age to see if they still are "under 21" age only freezes for USC's applying for their own children. I don't know how slow approval was back then but I would guess the older child has long since aged out and the younger one still has hope.

[aaron2020 11,651]

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

You need to clarify the situation about what happened in 2003. Was that when the petitioner file the I-130? Was that when the I-130 was approved and forwarded to the NVC? Was that when the PD was current and the beneficiary applied for an immigration visa? Without know which of these events occurred, no one can properly advise you.

What were the fees paid for - the I-130 or the DS-230? Were fees ever actually paid for the DS-230s and I-864?

[Sweetoosohni 0]

1335033784[/url]' post='5319193']

You need to clarify the situation about what happened in 2003. Was that when the petitioner file the I-130? Was that when the I-130 was approved and forwarded to the NVC? Was that when the PD was current and the beneficiary applied for an immigration visa? Without know which of these events occurred, no one can properly advise you.

What were the fees paid for - the I-130 or the DS-230? Were fees ever actually paid for the DS-230s and I-864?

Thanx for replies.

Their case must've been filed in early 90s because in 2003, they were at NVC stage. PD must've been current then as they were receiving all communications from NVC. They paid IV fees. No AoS fees were paid I believe.

So, in summary, PD was current in 2003. Question now is: Can they reopen the case & what's the procedure? Seems like its been 8-9 years since they last communicated with NVC.

Another related question to further complicate the situation: older daughter is not even listed as a dependent beneficiary on original petition. Can she even be added now?

[Mellow 8]

You have to be sure about the details of the case. Anyway, beneficiary is given only 1 year to pursue the immigration application when PD becomes current. Failure to do so will result in its expiration and a new petition needs to be filed.

[Gigli2008 70]

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Since this is brother filing for sister, I think the case did not expire. Your case is just waiting visa availability for your sister since they take nearly 10 years of more to become available.

You need to call NVC, give them the case number and then ask them how to go on from here. Chances are they will tell you that the visa is not yet available and there is more waiting to do. Also, life happens while waiting for many years so if the sister now has children while at the time of petition on one had been born, I don't think there is cause to worry. There is a procedure for adding children that may have been born while waiting for visa availability.

Please make sure you sort this out with NVC on telephone.You can email them too, just so you get documentated communication with NVC. Especially the question about children who are now older. As for the daughter who was not even on the petition, that would be a problem. Why were all children not put on the petion? NVC would be the one to provide all answers to you correctly.

If NVC says the petition is waiting for visa availablity, from now on, call them every few months or check the DOS website to see when your sister's visa will be available. Of course it will show the YEAR that visas are currently available for.

All the best to you.

Edited April 23, 2012 by Gigli2008

[aaron2020 11,651]

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Thanx for replies.

Their case must've been filed in early 90s because in 2003, they were at NVC stage. PD must've been current then as they were receiving all communications from NVC. They paid IV fees. No AoS fees were paid I believe.

So, in summary, PD was current in 2003. Question now is: Can they reopen the case & what's the procedure? Seems like its been 8-9 years since they last communicated with NVC.

Another related question to further complicate the situation: older daughter is not even listed as a dependent beneficiary on original petition. Can she even be added now?

Are you just guessing? Just because a case is at the NVC does not mean that IV fees were paid.

Assuming your guess is correct and the IV fees were paid but not the AOS fee, then it may be possible to reopen the case. The I-130 never expires since it's purpose is to show a qualifying family relationship that allows the beneficiary to apply for an immigration visa when his/her PD becomes current. New fees will need to be paid. Contact the NVC with the relevant case information.

CSPA will not apply. CSPA protection last for only one year after the PD becomes current. (The exception will not apply. CSPA was wrongly interpreted in the early days and the exception was made to fix that. It does not apply to most people. It doesn't apply to people who fail to pursue their case.) See here; http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

Q. Are people who did not file an application for permanent residence within one year of the visa becoming available still able to apply under CSPA?

A. Generally, no. However, because of the recent change in interpretation of the CSPA, USCIS will permit certain individuals to apply outside of this one year period.

Individuals that are eligible to apply for permanent residence under CSPA after one year of a visa becoming available include:

• Beneficiaries (or derivatives) of a visa petition that was approved prior to August 6, 2002 AND
  
• had not received a final decision on an application for permanent residence based on that visa petition prior to August 6, 2002 AND
  
• the visa became available on or after August 7, 2001 AND
  
• who met all of the other eligibility requirements for CSPA (see above)
  

The 24 years old will not be able to immigrate.

The 20 years old will only be allowed to immigrate if she/he is under 21 at the interview.