Waiting to receive communication from the National Visa Center (NVC)
Many of our clients with approved I-526 petitions, who are waiting to receive communication from the National Visa Center (NVC) for months, have been frustrated. What can they do?
We are seeing this problem more and more now. Your client's attorney who filed their case should get in touch with USCIS. They should confirm the transfer of their file to NVC. In case it was not, this communication from their attorney should speed up things. In the unlikely chance that USCIS does not respond, they could ask their attorney to start a Mandamus case. We have seen the negative effect of this kind of situation with children in danger of aging-out. According to Child Status Protection Act, once the I-526 petition is approved, the green card application needs to start within one year. If the investor is not from a country experiencing a backlog, such as China or Vietnam, this is usually not an issue. That said, potentially due to the pandemic and more general slowdown of all the processing times in immigration methods, this has also become a potential problem for applicants born in countries other than China and Vietnam that are currently not experiencing any backlogs. The simple advice we can provide our clients is to be vigilant in this matter and contact their immigration attorney without further delay.
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