USCIS "My Case Was Approved" 18 years ago, did't follow up

[carlos.arreola 2]

Hi, group. I hope everyone is doing fine today.

 

18 years ago my dad applied for my mom and me with the form I-130. USCIS sent us a notice of approval, but after that my dad didn't follow up with NVC. I asked NVC for my case number and they replied. I checked the status and it says "At NVC". Is it possible to continue with this case after 18 years? maybe with a lawyer? Or do I need to start over with USCIS? I am 27 years old (not married) and my dad is a USA citizen.

 

I hope someone can help.

 

Thanks in advance!

[Crazy Cat 41,755]

Your Dad, as the sponsor, needs to contact NVC to find out if the case is still salvageable.  I suspect it is not.  

Edited May 4, 2023 by Crazy Cat

[Allaboutwaiting 2,503]

Was he a US citizen when he applied for you and your mom? 

Was he ever notified of the case being sent to the Embassy/Consulate? 

[carlos.arreola 2]

4 minutes ago, Allaboutwaiting said:

Was he a US citizen when he applied for you and your mom? 

Was he ever notified of the case being sent to the Embassy/Consulate? 

Hi, he wasn't, he just had a green card. Currently he is a USA Citizen (5 or 6 years now with USA Citizenship). He was notified in 2011 again but didn't follow up. Is it possible for me to still apply, if so, do you know how long will it take for me to get approval again? 

 

Thanks in advance! 

[carlos.arreola 2]

8 minutes ago, Crazy Cat said:

Your Dad, as the sponsor, needs to contact NVC to find out if the case is still salvageable.  I suspect it is not.  

In case it is not, then I have to apply again to USCIS, right? if that is the case, do you know how long would it take to get approval, sir?

 

Thanks in advance!

[Crazy Cat 41,755]

1 minute ago, carlos.arreola said:

In case it is not, then I have to apply again to USCIS, right? if that is the case, do you know how long would it take to get approval, sir?

 

Thanks in advance!

You cannot apply to USCIS.  Normally, I-130s do not expire as long as the relationship between the petitioner and beneficiary still exists.  The issue is with NVC since cases expire there after 1 year.  Your Dad needs to get involved.  

[carlos.arreola 2]

16 minutes ago, Crazy Cat said:

You cannot apply to USCIS.  Normally, I-130s do not expire as long as the relationship between the petitioner and beneficiary still exists.  The issue is with NVC since cases expire there after 1 year.  Your Dad needs to get involved.  

Thank you very much, Sir. I will talk to him for further action. I hope it is possible to re-open the case in the NVC, I honestly don't know anything about this matter, I am so lost right now. I really appreciate your help. Here are some of the notice I got from USCIS and NVC attached as a picture.

[carlos.arreola 2]

28 minutes ago, carlos.arreola said:

Hi, he wasn't, he just had a green card. Currently he is a USA Citizen (5 or 6 years now with USA Citizenship). He was notified in 2011 again but didn't follow up. Is it possible for me to still apply, if so, do you know how long will it take for me to get approval again? 

 

Thanks in advance! 

Here are some of the notice screenshots that USCIS and NVC sent to us, I checked NVC notice this morning and still says "At NVC"

[powerpuff 6,666]

1 minute ago, carlos.arreola said:

Here are some of the notice screenshots that USCIS and NVC sent to us, I checked NVC notice this morning and still says "At NVC"

You cannot file anything or inquire NVC about the current status, you’re not the petitioner, your father is. He needs to get proactive if you want to immigrate to the US 

[Boiler 45,426]

It is your Father who needs to pull his finger out, may be a dead issue, if so you are looking at 25 years or so.

[carlos.arreola 2]

9 minutes ago, Boiler said:

It is your Father who needs to pull his finger out, may be a dead issue, if so you are looking at 25 years or so.

Still alive, fortunately, it was more of a communication issue.

13 minutes ago, Boiler said:

It is your Father who needs to pull his finger out, may be a dead issue, if so you are looking at 25 years or so.

 

[Boiler 45,426]

Just now, carlos.arreola said:

Still alive, fortunately, it was more of a communication issue.

So he is on board and wants to sponsor you, he will know what happened or more likely did not happen, such a long time and I think this is good Lawyer territory to see if it can be resurrected. I can not think of a similar case, perhaps somebody else can, so have nothing to work on.

[SteveInBostonI130 3,429]

3 hours ago, carlos.arreola said:

Hi, he wasn't, he just had a green card. Currently he is a USA Citizen (5 or 6 years now with USA Citizenship). He was notified in 2011 again but didn't follow up. Is it possible for me to still apply, if so, do you know how long will it take for me to get approval again? 

 

Thanks in advance! 

 

I18 years ago did he submitted one I-130 with your mom as the primary and you as the derivative?  Or did he submit an I-130 for your mom and another I-130 just for you?

[carlos.arreola 2]

1 minute ago, SteveInBostonI130 said:

 

I18 years ago did he submitted one I-130 with your mom as the primary and you as the derivative?  Or did he submit an I-130 for your mom and another I-130 just for you?

he submitted one I-130 with my mom as the primary and me as the derivative, I am pretty sure this is what happened

Edited May 4, 2023 by carlos.arreola

[SteveInBostonI130 3,429]

Just now, carlos.arreola said:

he submitted one I-130 with my mom as the primary and you as the derivative, I am pretty sure this is what happened

 

Then no, you cannot continue with the old petition. 

 

Your father has to submit a new petition for you.  Unmarried son over 21 is category F1, 8+ years for a visa number to be available.