Do not wait

Tricia, a US citizen, filed a petition for her only sibling, George, sometime in the late ‘90s. As you may know, petitions in this preference category take so many years of waiting for a visa to be available. For Philippine applicants, it could even take decades until one is notified that the National Visa Center is now ready to accept the immigrant visa application. For George, that time came in 2020 when finally she was advised by NVC to pay the fees and commence filing the paperwork for immigrant visa processing.

George, excited over this news, happily informed his sister and asked what he needed to prepare. Tricia told him that she would be paying the fees and prepare her documents so that they could process it together. A few months passed by, Tricia's husband suddenly died due to COVID which caused her to go into a deep spiral of depression. In the next several months, nothing was done on George's application. Though she paid the necessary NVC fees, Tricia was not in the right mental fortitude to carry on with what used to be her normal life.

In the meantime, NVC has been sending letters to George reminding him about his pending application. Of course, he cannot do anything until Tricia helps him with filling out and signing the Affidavit of Support as well as securing all the documents in support of his application. Then, a letter from NVC came telling him that due to his failure to contact the NVC for more than a year after he was notified that a visa number is available, it may begin the process of terminating his visa application, unless he informs them that he still wishes to pursue his application. George begged Tricia to help him restart the application lest he loses this one and only chance to come to the United States and improve his life. Tricia, still slowly recovering from her depression, agreed to finally resume this application. They now ask what they should do to convince NVC to reopen his application.

In this instance, George would have to contact the NVC and express his intention to pursue his immigrant visa application. Though not mandatory, it would help if he can show some proof as to the reasons for the inactivity --in this case, Tricia's personal and health problems. If NVC approves, the case is reopened. Since the application has already lapsed for more than one year, unfortunately, the fees that were initially paid are no longer valid. George would have to pay again the Affidavit of Support fees and the immigrant visa application fees. After paying the fees, he would have to fill out another DS 260 and attach his civil documents. Tricia would have to sign Form I-864, Affidavit of Support form and attach her financial documents.

This situation illustrates the need to make sure that once a visa number becomes available, care must be taken to ensure that it is filed timely. Do not wait until NVC sends reminder letters before you make a decision whether to pursue the application or not. It would be a terrible waste of all those years of waiting and, in the end, the NVC terminates the application.

In this case, George's request was granted. He was able to reapply and soon will be reuniting with Tricia.