If you’ve been through consular processing and your visa has been approved, here is what can happen if you do not apply for the visa or move on to complete your immigration process. We will explain all about it in detail.
What Happens to My Case After My I-130 Petition Gets Accepted?
When your I-130 (family-based petition submitted by your U.S. sponsor) is approved by USCIS, it doesn’t expire immediately. Typically the approval is permanent, which means it can remain active for as long as your case status doesn’t change. Once your I-130 is approved, your case goes to the National Visa Center (NVC) where consular procedures are carried out for foreign applicants for a green card.
Do I Have To Leave My Case Open with the National Visa Center (NVC)?
You could generally retain your case with the NVC as long as you kept in touch with them, yeah. The NVC grants you a case open for as long as you contact the applicant at least once a year. That is, you’ll need to go in and tell them about your contact, address, or anything else.
But, if you haven’t heard from the NVC for more than one year, they might file an ex parte case or close it. If this is the case, then you might need to re-acquit some of the charges to continue with the process.
What If I Don’t Use My Visa Or Don’t Follow Up on My Case?
You might have your case canceled if you do not submit your visa application or you fail to answer the NVC’s calls after more than a year. This means the NVC will close you and your visa may be canceled. This can be frustrating, if this is the case you will have to restart or pay extra to have your case reopened.
If you don’t want to do this, then contact the NVC regularly and pay your dues if needed. The NVC is emailable at NVCInquiry@state.gov or you can reach them by phone at 603-334-0700.
What If I Stay Out of the U.S. For Too Long Once I Have My Visa Approved?
You’re also limited in how long you can be out of the U.S. after obtaining a visa without changing your green card status. You could lose your continuous residence status if you get a green card and then go outside the US for more than six months. That’s what you have to prove if you are a permanent resident of the U.S.
In case you’re out of the U.S. for more than 6 months without documentation or advance parole, your green card is likely to be on the line and you may lose your permanent resident status. Check with an immigration attorney to learn how long you can be outside the United States without being deported.
Key Points to Remember
- You keep your I-130 petition indefinitely, once it’s granted, and it goes to the NVC.
- Make contact with the NVC once a year so your case is ongoing.
- If you haven’t contacted the NVC for a year or more, your case may be dismissed.
Please note: you risk losing your permanent residency if you’re out of the U.S. for more than six months.
What Happens After Visa Issuance?
After a visa is issued, it is crucial for the holder to understand its validity, usage timeframe, and the consequences of not using it within the allotted period. This guide outlines key aspects of what happens post-visa issuance, including the importance of timely use, potential repercussions for not using the visa, and impacts on immigration status and benefits.
Importance of Using the Visa Within the Allotted Time Frame
Validity Period: A visa becomes effective from the date of issuance and remains valid until its expiration date. The holder must enter the country before this expiration date; otherwise, the visa becomes invalid regardless of whether any entries remain unused.
Timeframe for Use: The specific timeframe allowed for using a visa varies by type and issuing country. For example, U.S. visas typically allow entry until the expiration date listed on the visa, but they do not dictate how long a visitor can stay once admitted.
Conditions Affecting Visa Validity After Issuance
Several conditions can impact a visa’s validity:
- Changes in Personal Circumstances: If there are changes such as a name change or marital status, it may affect visa validity.
- Legal Issues: Any legal issues or violations can lead to revocation or invalidation of the visa.
- Expired Passport: A valid visa in an expired passport remains valid; however, entry may be denied if proper documentation is not presented.
Consequences of Not Using the Visa Within the Valid Period
Visa Expiration
If a visa is not used within its designated timeframe, it will expire. This means that even if a traveler holds an otherwise valid visa, they cannot enter the country after its expiration date.
Loss of Visa Fee
The fees paid for visa applications are generally non-refundable. If a visa is not used due to expiration, applicants lose their financial investment without recourse to reclaiming these fees.
Ineligibility for Reissuance
Failure to utilize a visa can negatively impact future applications. Consulates may view unused visas as a sign of a lack of intent to travel, potentially leading to ineligibility for re-issuance or future visas.
Risk of Ineligibility for Other Visas
Not using a current visa could complicate future immigration benefits or applications. This includes potential delays or denials based on previous inactivity or perceived non-compliance with immigration laws.
Effect on Immigration Status
Risks for Future Applications
Applicants who do not use their visas might face challenges when applying for new visas. Immigration authorities may question their intentions or reliability as travelers.
Impact on U.S. Immigration Records
Unused visas can also affect an individual’s immigration history. This may create complications during future applications or interactions with U.S. Citizenship and Immigration Services (USCIS) or other immigration authorities.
Explanation of the 2-Year Rule
Certain immigrant visas require holders to enter the U.S. within two years of issuance. Failing to do so may result in losing eligibility for that visa category and necessitate reapplication under different criteria.
Impact on U.S. Immigration Benefits and Petition
Consequences for Sponsoring Petitioners
If a visa holder does not use their visa, it can have repercussions for their sponsoring family members or employers. This might include delays in processing related petitions or complications in maintaining sponsorship status.
Effects on Family-Based or Employment-Based Immigration
Unused visas can lead to delays in receiving immigration benefits that depend on active participation in the immigration process. For instance, family members waiting on petitions might experience setbacks if the principal applicant does not enter as required.
Impact on Immigration History
Holding unused visas may complicate an individual’s immigration history, potentially leading to misunderstandings with USCIS or the Department of State (DOS). This could affect future applications and overall immigration standing.
Complications with USCIS or DOS
Visa holders who do not utilize their visas might encounter issues during future interactions with immigration authorities, such as being flagged for previous inactivity or non-compliance, which could hinder subsequent applications.
Practical and Logistical Issues
Changes in personal circumstances can significantly impact a visa holder’s ability to use their visa effectively. Common changes include:
- Job Changes: If a visa is employer-sponsored, changing jobs may require applying for a new visa. Failure to notify immigration authorities can lead to visa cancellation or legal issues.
- Family Situations: Changes in family dynamics, such as marriage or divorce, can affect visa eligibility, particularly for family-based visas. It’s essential to inform immigration authorities of such changes.
- Relocation: Moving to a different city or country can complicate travel plans and may necessitate a new visa application if the current one is tied to a specific location.
Requesting a Visa Extension or New Appointment
If delays occur that prevent timely use of a visa, the process for requesting an extension or new appointment varies by country:
- Visa Extension: Generally, applicants must submit a formal request before the visa expires, providing valid reasons for the extension. Documentation supporting the request is often required.
- New Appointment: If an applicant misses their original appointment due to unforeseen circumstances, they may need to reschedule. This process typically involves contacting the relevant consulate or embassy and adhering to their guidelines.
Travel Restrictions and Logistical Issues
Travel restrictions can pose logistical challenges when planning to use a visa later:
- Flight Availability: Limited flights or changes in airline schedules can hinder travel plans, especially during peak seasons or global crises.
- Quarantine Regulations: Some countries may impose quarantine requirements that affect travel timelines. Visa holders must stay informed about current health regulations.
- Documentation Requirements: Ensuring all necessary documents are ready and valid is crucial. Any discrepancies can lead to entry denial.
Alternatives If You Miss Using Your Visa
If you miss using your visa, reapplying is often necessary but comes with challenges:
- New Application Process: Applicants must go through the entire application process again, which includes submitting new documentation and potentially paying fees again.
- Increased Scrutiny: Immigration authorities may scrutinize reapplications more closely, especially if there’s a history of unused visas.
Options for Valid Reasons
Individuals who have valid reasons for missing the visa deadline may find some leniency:
- Health Issues: Medical emergencies that prevent travel can be documented and presented as valid reasons for not using the visa.
- Financial Problems: Demonstrating financial instability that hindered travel plans may also be considered by immigration authorities.
- Family Emergencies: Situations like the death of a family member or urgent caregiving responsibilities can provide grounds for reconsideration.
Legal Considerations
Unused visas carry specific legal implications:
- Staying Outside the U.S.: If someone remains outside the U.S. without using their visa, they may face legal consequences, including being barred from reentry depending on how long they stay outside.
- Reentry Bar Risks: Failing to use a visa can lead to being barred from future entry into the U.S., particularly if it appears that the individual has no intention of complying with immigration laws.
Advice and Best Practices
What to Do If Unable to Use Your Visa
If you find yourself unable to use your visa:
- Notify Immigration Authorities: Informing relevant authorities about your situation can help mitigate potential issues.
- Document Your Reasons: Keep thorough documentation of any circumstances preventing you from using your visa; this can be useful for future applications.
Keeping Track of Visa Expiration Dates
Maintaining awareness of expiration dates is crucial:
- Set Reminders: Use digital calendars or apps to set reminders well before expiration dates.
- Regularly Review Conditions: Periodically review your visa conditions and requirements to ensure compliance.
Consulting an Immigration Lawyer
If there is uncertainty about using or renewing a visa:
- Seek Professional Advice: Consulting an immigration lawyer can provide clarity on complex situations and help navigate potential legal issues effectively.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a B1/B2 Visitor Visa or a K-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
