Waiting on your I-130 petition to be processed can be long and nerve-wracking. So, what can you do when USCIS decides to stop processing it?
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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by foundingMcBean Law. If you need help with your or a loved one’s visa,contact us hereor call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
See this topic on our YouTube channel – Why Has USCIS Stopped Processing My Case?
The I-130 family petition is a critical petition that carries the entire green card process for an individual who’s here in the United States or abroad. If your I-130 petition has been approved, you will receive an I-797C, Notice of Action letting you know the status of your case.
Once this is approved, USCIS will look at the petition for further direction on what to do moving forward. If you are pursuing Adjustment of Status in the U.S. with a relative who is in the United States, the petition will be processed at their local field office. On the other hand, if your relative is abroad, USCIS will send the approved petition to the National Visa Center (NVC) for further processing.
Your petition might be retained by USCIS if it did not indicate where the beneficiary intends to apply for an immigrant visa – in the U.S. or abroad.
There are specific steps you can take if your I-130 petition has been stalled, or if you want to avoid this issue in the first place.
Filing Your I-130 Properly
The I-130 includes several questions that specifically hone in on what USCIS should do with your petition after it has been approved, depending on the above criteria of where the applicant is.
Depending on your response to these questions, USCIS will either send your case to the NVC for further processing, or they’ll hold onto it and wait for an Adjustment of Status at their local field office.
Make sure to fill out these questions properly to avoid issues with your petition – this is a preventative step you can take to avoid having your case delayed.
Look At Your Approval Notice
If your I-130 has been filled out correctly, USCIS will inform you about the following steps in your approval notice. They will let you know where the case is going next for further processing.
On the other hand, if your I-130 was not filled out properly, you will receive a letter telling you that your petition is being retained because USCIS does not know what to do for further processing. It means you had some blank spaces on your I-130, and you did not complete questions 61A through 62C properly.
How To Fix Your Petition?
The bright side is that this problem can be solved easily. You could work with an attorney to help you resolve it or you could try to resolve it on your own, but you’ve got to inform USCIS about your plans as they relate to question 61A through 62C.
If your plan is to do Adjustment of Status, simply file Form I-485 and the issue should be taken care of right away.
On the other hand, if you are abroad and going through the immigrant visa process through an Embassy or Consulate, you must file Form I-824, Application for Action on an Approved Application or Petition with USCIS. This is a request for them to send your approved I-130 to the NVC, and failing to file this form will lead to USCIS sitting on your case indefinitely. Once this is sent and paid for, you may need to wait several months for the NVC to reach out to you, but be patient.
Because this is a very nerve-wracking situation to go through, working with an experienced immigration lawyer can be the best thing for you. They can answer any questions you may have and provide support during long waiting times, and their expertise can be a safety blanket that could make all the difference for your peace of mind.
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals likeMcBean Lawto chart your visa journey’s triumph.
If you are interested in more topics like this, please considersubscribing to our newsletterto get weekly updates on immigration news, relevant topics, and more! You can alsofind us on YouTubewhere we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by foundingMcBean Law. If you need help with your or a loved one’s visa,contact us hereor call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
