john09_2013

Hi,
have a question about an old petition, My US citizen brother petitioned for my dad back in 2004 but my dad nvr went through the process as he had to care for his ailing mother, but now he is interested in joining us in the US;
Last year we inquired about his case and he received a letter from NVC saying his case was sent back to USCIS in 2006!.
Does this mean that my brother needs to restart the process from scratch or is there a way we can just reach out to USCIS to resume the process again?
we have the USCIS receipt number & NVC case number.

This is what we see using his USCIS number

Department of State Sent Case to USCIS For Review
On Month, Day, 2006, the Department of State sent us your case, Receipt Number xyz123456789, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.

Thank you

Noorah101

To my knowledge, you only have 1 year to follow up at any given stage of the process. My opinion is that he'd need to start over.

Rene

S Folinsky

Cancellation of a visa petition for non-prosecution is entirely within the purview of the Department of State. In other words, USCIS has nothing to do with it. Nonetheless, State often returns the petition to USCIS. When they receive the petition they see there is nothing to adjudicate so they do nothing except return it to the shelf.

In a different, but related vein, once had a client who had been denied an immigrant visa due to a criminal conviction. In other words, it had been denied for a ground other than lack of prosecution. This was in pre-NVC days, so petition was returned to former INS. Several years later, a “technical” amendment to the Immigration & Nationality Act removed the conviction from the grounds of inadmissibility. The Consulate, at our request, recovered the petition from INS and used it to reopen and grant visa. Although gathering dust on a shelf stateside, it was still an unrevoked live petition.

john09_2013

I was thinking of filing form I-824 but from the sound of it, that may not be related to this case probably