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Opinion

Six tips on scheduling your interview at the embassy

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

(Conclusion)

Expedite your case if necessary. In some cases, it is possible to request that your interview be “expedited” based on some unusual situation or emergency, such as a sickly or elderly petitioner, a child who is aging out but not covered by the CSPA (Child Status Protection Act), etc. But it has to be a legitimate emergency, as opposed to stating that you have been waiting a long time and are anxious to go to the US. In that case, everyone would have the same emergency.

In fact, if your petitioner is elderly or sickly, I think it is vital that you get your interview and arrive in the US while they are still alive. If something happens to them, then the petition would be considered “dead” and you would be required to file for humanitarian reinstatement, which can sometimes take two to three years for the service center to process that request. At some service centers, such as the California Service Center, the approval rate of humanitarian revalidation requests is less than 7 percent.

Make sure to contact either the NVC or the US embassy at least once a year to confirm you are still interested in pursuing your visa. There is a law that requires a person to contact the NVC within a year, or their case could be terminated. I have encountered many cases where a visa applicant received an email from the NVC that their case was documentarily complete and they should simply await word from the NVC on when their interview will take place. Relying on those emails, the family just waited to hear from NVC as instructed. But then along comes another email advising that their case is being terminated under section 203(g), because they did not contact NVC within one year, even though they were told to wait. Then, you have to immediately rush and argue to get the case reinstated.

I hope you have found these tips helpful, and if you have any questions, I would suggest that you consult with an attorney who could evaluate your case to see if it is on track, documentarily complete, has not been terminated and perhaps assist in finally getting you an interview. I also invite you to subscribe to my YouTube channel, US Immigration TV, as I regularly post videos which I believe will be informative and useful in connection with immigration news, laws, updates and developments.

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