The U.S. Department of State may issue a Notice of Termination of Registration whereby your pending immigrant visa can be cancelled or terminated and you have to file a new petition and start the immigration process all over again. In limited cases, you can ask for reinstatement of the immigrant case and then only have to repay visa fees.
The Foreign Affairs Manual (FAM) lists the four situations in which an applicant’s immigrant visa case may be considered inactive, and therefore subject to termination:
- The applicant does not apply for an immigrant visa within one year of receiving the immigrant visa appointment letter or other notice of visa availability.
- The applicant fails to respond to the appointment notice included with the immigrant visa appointment package and fails to take further action on the case within one year of the scheduled interview.
- The applicant is refused a visa at the immigrant visa interview under section 221(g) of the Immigration and Nationality Act (INA) and then fails to submit evidence within one year intended to overcome the basis of the 221(g) refusal.
- The applicant does not comply with the follow-up instruction package for immigrant visa applicants or log into the applicant’s consular electronic application center (CEAC) account within one year.
In most situations, we see immigrant visa termination when the immigrant visa case is pending at the Visa Center and documents have not been submitted within one year of paying the visa fees. Also, we see immigrant visa termination at the Embassy when documents were requested and one year has passed and documents were not submitted to the Embassy. In both situations, Immigration Attorney Gail Seeram can help you with her over 20 years of immigration experience.
For more information on Immigrant Visa Termination,
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