After U.S. Citizenship and Immigration Services (USCIS) approves an immigrant visa petition, the case is forwarded to the U.S. Department of State’s National Visa Center (NVC). The NVC provides instructions for completing the immigrant visa application, paying fees, and submitting required documents. However, many applicants are unaware that U.S. law requires them to maintain regular contact with the NVC to prevent their case from being terminated.
The One-Year Requirement
Section 203(g) of the Immigration and Nationality Act (INA) requires immigrant visa applicants to pursue their visa application within one year of notification that a visa number is available. If the applicant fails to contact the NVC or take required steps within that year, the Department of State is obligated to begin terminating the immigrant visa case. This means your opportunity to immigrate could be lost if you do not act in a timely manner.
How to Keep Your Case Active
To avoid termination of your case, it is important to maintain communication with the NVC on at least a yearly basis. This can include:
- Submitting required forms and supporting documents
- Paying applicable immigrant visa fees
- Logging into the Consular Electronic Application Center (CEAC) at https://ceac.state.gov/IV/Login.aspx to update your case
- Responding to any notices or instructions from the NVC
If you allow more than a year to pass without activity, the Department of State will notify you that your registration is at risk of termination. If you wish to continue, you will be required to pay fees again and resubmit all required documents to restart the process.
What If You No Longer Wish to Pursue Your Visa?
If your circumstances change and you no longer wish to pursue your immigrant visa, you should inform the NVC directly. This can be done by completing the Public Inquiry Form at https://nvc.state.gov/inquiry and indicating your reason, such as adjusting status in the United States, already obtaining permanent residency through another petition, or deciding not to immigrate.
Key Takeaway
Failing to maintain contact with the NVC within one year can result in termination of your immigrant visa application. To protect your case and keep your path to U.S. immigration open, ensure you respond promptly to NVC instructions, pay fees, and submit documents as required. Regular communication is not optional—it is a legal requirement under U.S. immigration law.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
