If you have an approved I-130 Petition for Alien Relative, it is important to understand the timeline for applying for an immigrant visa. Many applicants are unsure of what happens if they do not take action within one year of approval. Here’s what you need to know.
What Happens to an Approved I-130 Petition If the Principal Applicant Does Not Apply for an Immigrant Visa Within One Year?
The One-Year Rule for Immigrant Visa Applications
When the U.S. Citizenship and Immigration Services (USCIS) approves an I-130 petition, the case is forwarded to the National Visa Center (NVC) if the applicant is outside the United States and will be applying for an immigrant visa at a U.S. consulate abroad. The NVC sends a notice requesting the applicant to start the immigrant visa process, which includes submitting fees, forms, and supporting documents.
Key Deadline: If the principal applicant does not take any action to apply for the immigrant visa within one year of being notified by the NVC, the case may be considered abandoned. The NVC may terminate the petition under Section 203(g) of the Immigration and Nationality Act (INA), and the applicant may lose the priority date associated with the petition.
Can the Petition Be Reinstated After One Year?
In some cases, it may be possible to reinstate a terminated petition. If the delay was due to extraordinary circumstances beyond the applicant’s control, they can submit a Request for Reinstatement of the Petition along with a written explanation and supporting evidence. USCIS and the Department of State will review the request and determine whether the petition can be reinstated.
Common Reasons for Failing to Apply on Time
There are several reasons why a principal applicant may not apply for an immigrant visa within one year of the NVC notice, including:
-
Lack of awareness – Some applicants may not receive the NVC notice due to outdated contact information or communication issues.
-
Financial difficulties – The cost of the visa application, supporting documents, and medical exams may cause delays.
-
Personal or family emergencies – Health issues, travel restrictions, or family matters may prevent timely action.
-
Changes in circumstances – The applicant may have second thoughts or alternative immigration plans.
Understanding these potential hurdles can help applicants take proactive measures to ensure they complete the process within the required time frame.
What Happens If the Petition Is Terminated?
If the petition is officially terminated due to inaction, the petitioner must file a new I-130 petition if they still wish to sponsor the applicant. This means the applicant will receive a new priority date, potentially delaying the overall immigration process significantly.
A new petition will require:
-
Payment of new filing fees.
-
Gathering and resubmitting all necessary documents.
-
Waiting for USCIS processing times, which may have changed since the original petition.
This delay can be especially problematic in cases where visa categories have long wait times, such as for siblings of U.S. citizens or applicants from countries with high demand for immigrant visas.
How to Avoid Case Termination
To prevent the termination of your approved I-130 petition:
-
Respond promptly to NVC communications – Submit required documents and fees as soon as possible.
-
Request an extension if needed – If you are unable to proceed within one year, contact the NVC and explain your situation.
-
Keep your contact information updated – Ensure that NVC and USCIS have your current address and email to receive important notices.
-
Seek professional guidance – Consulting with an immigration attorney can help you navigate the process and avoid costly mistakes.
Steps to Take If Your Case Is in Danger of Termination
If you realize that your I-130 case is approaching the one-year mark without action, here’s what you should do:
-
Contact the NVC immediately – Inquire about the status of your case and request an extension if necessary.
-
Gather necessary documents – Ensure you have birth certificates, marriage certificates, police clearances, and financial sponsorship documents ready.
-
Pay all required fees promptly – Delays in fee payments can slow down processing.
-
Submit the DS-260 form – This is the online immigrant visa application, and submitting it confirms your intent to proceed with the process.
-
Prepare for the visa interview – Once the case is processed, schedule and attend the visa interview at the designated U.S. consulate.
Final Thoughts
An approved I-130 petition is an essential step in the immigration process, but failing to apply for an immigrant visa within one year can result in serious setbacks. If you are facing delays, it is crucial to take action promptly to avoid termination of your petition.
If you need assistance with your I-130 petition or visa application, schedule a strategy session with our experienced immigration attorneys here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy.