Legal Question in Immigration Law in California

In 2005, after we were married, I have been petitioning for my illegal immigrant husband to gain a visa and have been filing for his case since. On July 2008, I sent in his DS-230 Part I forms to the US Dep. of State National Visa Center. I then received a notice shortly soon informing me that the case file was forwarded to the US Citizenship and Immigration Services (CIS), formerly known as INS for processing. I contacted the CIS to see about my husbands status since it has been well over a year now. The CIS has notified me that they have never received the case file and to contact the Nat'l Visa Center to provide a tracking number for the case that was forwarded to them. I, then, contacted the Nat'l Visa Center and all they can provide me is that the case was forwarded to the CIS.

My worry is, my husband's case has been floating around somewhere and I havnt had a clue of what to do next. Any advice?


Asked on 1/07/10, 12:15 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

If the case was in the NVC - normally, they do not forward case for processing to USCIS if this is an application for an immigrant visa (as it's apparent from your situation - you submitted the DS-230 forms and paid the $400 and $70 fees, I assume).

Normally, the NVC forwards completed cases to the US embassies/consulates abroad (and not to the USCIS).

Did you also submit the Affidavit of support and pay all the fees to the NVC?

You should inquire about the status of your case with the NVC (as you have the NVC case number).

It's not clear from your post: where is your husband, how and when he came to USA, did you apply for a visa through consular processing, etc?

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/12/10, 12:26 pm
Charles Medina Law Office of Charles Medina

Normally, you should file a case with USCIS. Once the case is approved, USCIS will forward it to the National Visa Center for visa processing.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 1/13/10, 1:02 pm


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