TIPS ON WORKING WITH NVC
Author: New York Immigration attorney Alena Shautsova
Once an Immigrant petition is approved, the NVC receives the file and acts as middle man between the petitioner and the consulate. It collects the fees, documents and more information before it schedules an interview for the visa applicant. The NVC process in itself can be quite frustrating, and not only for those petitioners and applicants who do not have an attorney. The Q&A below intend to help pro-se petitioners with the process.
- Why and how NVC terminates the petition?
The termination process is only entered after the priority date becomes current. A notice is given to applicants explaining that if the NVC does not hear from a representative of the case for a period of one year the case will be terminated and the individual will be required to resubmit the case again with additional filing fees, if applicable. However, the period of one year only starts after the priority date becomes current.
- How can I know if an approved I-130 is still valid?
Here, it is wise to have an attorney, because attorneys have a special way to communicate with the NVC: When determining whether or not an I-130 is still valid after being sent to the NVC the fastest way to do so is by emailing NVCattorney@state.gov or by calling the NVC directly.
If a response is not procured within 15 days after sending an email to NVCattorney@state.gov you may send a second follow up email. If after an additional 15 days you still do not receive a response you may send a third follow email with subject line “Attention PI Supervisor,” the supervisor will then respond within 5-7 business days.
- NVC collected the documents and did not mention about any issues, but the visa was denied, why?
When discussing a Nonimmigrant Visa, the NVC is authorized to answer questions regarding the general NIV application process, status of the application, whether or not the case was refused or requires additional information. The NVC cannot advise an applicant if they are eligible for a specific nonimmigrant visa.
- I had to submit an I 601A waiver. The decision on the waiver takes a long time. Will my petition be terminated?
When waiting for an I-601A response from USCIS the one year termination process will no longer be in effect. If you receive a letter stating the I-130 application has been terminated while I-601A waiver is pending, contact an attorney immediately or NVC directly to resolve the situation.
- Do I have to file with the NVC a letter from employer to show my current income?
When submitting an I-864 Affidavit of Support, an employer letter is not required from the petitioner when evidence of previously filed taxes are more than sufficient. If it is not possible to get a letter from your employer as to your current income contact, your attorney or NVC as soon as possible to avoid further delays in your case.