There are many different factors that can complicate the immigration process. These factors commonly include major life events, such as a marriage or the death of the family member that filed the I-130, Immigrant Visa Petition. Another factor that can complicate things and cause setbacks to obtaining lawful immigration status in the U.S. is when the U.S. government makes an error.
Reeves Immigration Law Group (RILG) was recently able to assist a client whose case involved multiple complicating factors. We will refer to our client as “Anna” to protect her privacy.
Anna’s father was a lawful permanent resident of the U.S. He filed an I-130 petition for Anna in 1997. Anna was a native and citizen of the Philippines. The petition was approved and Anna was properly classified as the “unmarried adult daughter of a permanent resident” (F2B). Anna’s father thereafter became a U.S. citizen, and as a result, Anna was now classified as the “unmarried adult daughter of a U.S. citizen” (F1). However, that was not the last change, as Anna eventually married. Her marriage caused her preference category to change again, this time to F-3, which is for “married adult daughter of a U.S. citizen.”
Anna waited patiently in the Philippines for many years. She had not heard from the U.S. government though the National Visa Center (NVC) for quite some time, so she decided to submit an inquiry in 2021. Anna was devastated to learn that the NVC had terminated her father’s petition pursuant to Section 203(g) of the Immigration and Nationality Act. This section of the law allows the NVC to terminate a petition if the applicant for an immigrant visa does not make sufficient contact with the NVC.
Anna was scared and confused about what to do, so she consulted with Reeves Immigration Law Group. She met with Attorney Flomy Diza, a Senior Partner of the firm. Attorney Diza explained to Anna that, after more than two decades of waiting, it was completely unfair for her petition to be terminated without the proper justification.
Attorney Diza began preparing an official request for the NVC to reinstate Anna’s approved petition. He provided a legal argument that the termination of Anna’s petition was not proper. He argued that Anna had actively pursued her immigrant visa, and in fact was continuing to actively pursue it. Attorney Diza also argued that the NVC had failed to properly notify Anna that a visa number was available to her, as they are required to do.
RILG is now happy to say that the NVC has reinstated Anna’s petition. Anna will now, finally, become a lawful permanent resident of the U.S. After years and years of waiting, she will be reunited with her family in the U.S. Anna was extremely grateful to Attorney Diza, as she knows that he helped make all this possible.
