NVC mess up. CRBA vs I-130

[Tung Pham 0]

My daughter was born oversea in 2018 while I was a green card holder.

A year later I become US Citizen in 2019.

I filed I-130 petition for my daughter in 2019, got approved in 2020, and got notification from the NVC. I logged in the NVC, submitted the fee, got the invoice number. 

Due to COVID, it wasn't in the best interest of my child to be located to the US during that time, so I took no action.

NVC in 2022 notified me that unless I start taking action, they will close my case. 

I responded to the NVC in 2022 to let them know that now that COVID is over, I would like to move forward with the visa processing. NVC emailed me back saying the case is under review, and will let me know when its done, aka. asking me to wait until further notice.

 

Quote

Your termination response letter indicating you wish to proceed with the processing of this petition has been received. At this time the case is currently under review for reinstatement. Unfortunately, there is no time frame for this processing. Further instructions will be sent after this process has been completed.

 

Now, 2023, the NVC mailed me a letter saying since I did nothing from their 1st letter, the case will now be close.

 

My question is,

1. Why does the NVC suck so bad? Is there a way to file a complaint against them? There's no way to contact them beside public email inquiry. They took 2 months to response. And their response is confusing, on top of that, no way to contacting them for clarification.

2. Now that I'm a citizen, can I just go to the US Consulate at my home country where my child is currently reside to do CRBA instead of redoing the I-130?

 

Thank you.

Edited May 2, 2023 by Tung Pham

[milimelo 4,554]

No, you can't file CRBA now - you weren't a citizen before the child was born. You need to go through immigrant visa and upon entry the child will be a USC (don't pay for green card issuance, just file for child's passport after entry to the US). 

 

Covid or no covid - the rule has always been you have to be in touch at least once a year to keep petition alive in NVC. Get in touch with them again and wait your turn. 

 

 

[powerpuff 6,748]

How is it NVC’s fault that you did not follow directions? What does COVID have to do with you simply emailing them and letting them know you’re postponing the case?

 

Your child is not eligible for CRBA. You must be a US citizen at the time of birth, not after. No way around this.

 

File a petition from scratch, the sooner the better.