Confused !!!

[Member888 0]

Hi !

I got my I-130 filed by my sister in December 2006.

USCIS says they lost my papers

USCIS says it has found them and my case gets files in January 2008

Got first letter from USCIS titled Notice of Action.

Got another letter on 8 April 2010 from National Visa Center (NVC) saying that currently no visa numbers are available for my use and I need not to contact them until any further notice (Should I take this as the NOA-2 ? I thought NOA-2 should be coming from USCIS ?)

And;

My son 11 years old at time of filing I-130 and he'll probably age out by the time visa gets approved.

But;

There was a good chance of his accompanying us if our case was filed on time, that is, in december 2006

So, will they consider it or my son will have to go through this again ?

Thanks.

[aaron2020 11,651]

They will not consider it.

The PD listed in the NOA1 holds.

Its the petitioner's responsibility to make sure the case was properly filed and received. He should have contacted USCIS after a month after filing when he didn't get an NOA1. Why did he wait a year to contact USCIS?