How long can you keep a petition "alive" at the NVC?

[USS_Voyager 1,972]

Hello, I have a question on a hypothetical situation, for now. I am a US citizen. My brother currently lives in Canada, awaiting to become a Canadian PR. He probably will live there for the considerable future. We're both in our 30s. Eventually, when we approach our 60s and retirement age, we will want to move closer to each other, probably in the US. My question is, if I file a petition for my brother now and it gets approved, then say in like 15 years or whatever, the PD becomes current, but if he's not ready to move, could that petition be kept "alive" at the NVC until such time that he is ready. The NVC does say that as long as someone contacts them once a year about a case, that case will be kept active. Please let me know your thoughts.

[aaron2020 11,651]

Canada is a nice place to live.

You can try to keep the petition alive.  It may work.  It may not.

Be aware that when the time comes and your brother doesn't want to go, then he may be giving up his place in line.

No one is going to tell you that this is possible because everyone decides to immigrate or not at the time the PD becomes current.  Doubt you will find people who kept a sibling petition going longer than necessary to get the brother/sister and his/her kids to the US.  No one is likely to have the experience of what you want to do.  

[Crazy Cat 42,303]

I think 15 years is a long time...and immigration laws can change.....If in doubt, file now...and worry about "keeping it alive" later....just my opinion.

[Boiler 46,113]

You want to know what the situation will be in 30 years.

 

Nobody can tell you. Nobody can know, so we are guessing.

 

I do not think Canada allowed sibling sponsorship and I find it hard to believe that will change. 

[USS_Voyager 1,972]

Barring any changes in immigration laws, of course. Certainly if immigration laws change, everything will change. However, we can only work with the system as it is now, because no one knows what will happen. We're working under the immigration laws that were passed almost 60 years ago, so ...

 

Anyway, my question was simply that, if the PD of a petition becomes current, and it's transferred to the NVC, but the petitioner takes no action and not fill out the DS-260, but keep contacting the NVC each year, what will happen to that petition eventually? If no one knows, maybe I'll call the NVC to see if they'll answer me, if I can get through.

 

Thanks

[SusieQQQ 11,587]

Not sure where the “call nvc once a year” comes from? Is this an actual policy or some kind of “usual practice”? If it’s the latter, you’ll just have to accept that it’s going to be a very uncertain process, in 15 years time or longer, especially if the sibling category has been ended by then as many expect.

 

this is the official guideline on when petitions die:

 

Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

 

agree with missileman’s post above, your best bet is probably to file now and worry about what to do when the PD becomes current.

[Boiler 46,113]

I have seen the call once a year to keep an I 130 alive but that was immediate relative category waiting for a ban to expire. Not a PD issue.

Edited December 7, 2018 by Boiler

[USS_Voyager 1,972]

57 minutes ago, SusieQQQ said:

Not sure where the “call nvc once a year” comes from? Is this an actual policy or some kind of “usual practice”? If it’s the latter, you’ll just have to accept that it’s going to be a very uncertain process, in 15 years time or longer, especially if the sibling category has been ended by then as many expect.

 

 

I was referring to when the petitioner receives the NVC welcome package, it says "We will terminate this case if we do not have any correspondence with you or no action has been taken within one year". Yes, of course this is given that no changes in laws will be made in 15 years.

[Crazy Cat 42,303]

I think you are putting the cart before the horse......good luck..

[USS_Voyager 1,972]

Just trying to plan for the future sir.

[SusieQQQ 11,587]

2 hours ago, USS_Voyager said:

Just trying to plan for the future sir.

You really only have 2 options, both of which involve a bit of hail mary.

One is to file now and assume your interpretation of the word "correspondence" in this context is (1) correct and (2) still policy in around 2032.

The other is to follow the progress of F4 (you may or may not be aware that waiting times on F3 and F4 tend to get longer and longer over time) and try file it at a time that you think will work better for when your sibling retires and wants to move to the US*.

For both options you will have to hope that the category remains in existence or that you will be grandfathered in if it's abolished; there have been various options put forward, some of which would work for you and some of which wouldn't.

 

 

* As i wrote that it occurred to me to remind you that the different healthcare systems in the US and Canada can have quite different implications for someone immigrating to the US at retirement age. I assume that you are aware of the prerequisites for accessing medicare and social security in the US, and presume this is something you have both considered. This is certainly part of planning for the future.