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. Let’s weed through it:
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.
Law and Visas is with you every step of the way whether it’s for your visa, consular processing, or anything in between. Contact us now for immigration advice from professionals.
