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  1. #1
    Join Date
    May 2019
    Posts
    13

    Default Immigrant Visa Registration Terminated - Can Termination Be Reversed

    I-130 petition for two unmarried daughters 21 or older was approved in January 1996. The petitioner (father) passes in May 1996. NVC mails all subsequent communications to father at U.S. address. Neither NVC nor USCIS were ever notified that father passed. This past summer the beneficiaries (daughters) received overseas a file which contained some of the immigration documents, not all. The file was accidently found by a U.S. relative. As a friend of the daughters, I received in the U.S. last week copies of all the papers in the file and was asked if I can help. Beneficiaries do not speak English. I was able to make up what appears to have happened. A call to NVC last week revealed that there were three letters (not contained in the file) that were sent to the father at his U.S. address in 2007, 2008 and 2010. The letters contained warnings that if applications for the immigrant visas were not received within one year from the date of each of the letters, the immigrant visa registration will be terminated. NVC informed me that the termination did take place. Upon explaining the facts, NVC referred me to contact USCIS. I did today. USCIS is at a loss as to what the next step for the daughters should be. After placing me on hold about three times, the agent advised me that the daughters needed first to obtain copies of their files from a website address (which he gave me), and then consult with an attorney who knows how to navigate the system. The agent would not comment anything further on the case as I am not an attorney representing the beneficiaries. I would like to know:

    a) whether I can help the beneficiaries at least in the initial phase of obtaining copies of their files for them? would this be legal if I filled out the online form for them, and furnish their actual address overseas to have the documents sent to them?

    b) do the beneficiaries have a viable case to reverse the NVC termination?

    c) any other advise or comment would be greatly appreciated.

  2. #2
    Join Date
    Dec 2007
    Posts
    253

    Default Re: Immigrant Visa Registration Terminated - Can Termination Be Reversed

    Get them an attorney. I am surprised you have been able to obtain the information you already have received. If they want the information, they can complete the forms.

    A family reunification petition usually ends when the sponsoring person dies. Their sponsor has been dead over 20 years. It is doubtful they have a way of utilizing this existing petition so a consult with an experienced, ethical (take that as expensive) attorney is the best way to determine if their circumstances fall within the few exceptions.

    An attorney's advice is the way to go forward.

  3. #3
    Join Date
    May 2019
    Posts
    13

    Default Re: Immigrant Visa Registration Terminated - Can Termination Be Reversed

    Quote Quoting OKisNotOK
    View Post
    A family reunification petition usually ends when the sponsoring person dies. Their sponsor has been dead over 20 years. It is doubtful they have a way of utilizing this existing petition.
    The I-130 Approval Notice shows it was approved under Section 203(a)(2)(B) INA. I also point out that some of the NVC letters were addressed to the beneficiaries asking them to submit the applications for immigrant visas, but these letters were sent to the dead father's address in the U.S. and were never received by the beneficiaries. It was clear from the telephone conversation with the NVC agent last week that the case was closed for lack of prosecution by the daughters, not the father. I know from past experience when I petitioned for my wife, once the I-130 was approved, all subsequent paperwork was done by the wife although I filled them out on her behalf, she had to sign them. The lack of prosecution here was caused by the daughters being unaware that they had to timely fill out and submit their applications for visas, and this unawareness was caused by the NVC communicating with a dead person. Anyway, I did try to connect with an attorney online, I haven't heard anything back yet. I would appreciate any other input on this forum meanwhile.

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