I-824

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Old Jan 13th 2006, 3:43 pm
  #1  
Wawawa77
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Default I-824

I'm getting ready to fill out form I-824 for my uncle. He has an
approved I-130 for his unmarried son over age 21, and a visa number
became available. He was told he had to fill out I-824. His son is
currently in Hong Kong, so he will be doing consular processing. On
the form, should I check Box B ("USCIS to notify a different US
Consulate concerning approval of an application.")? Should I be
putting Hong Kong for the Port of entry? If anyone can help me, that
would be great. Thanks in advance.
 
Old Jan 13th 2006, 10:40 pm
  #2  
Kevin Keane
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Default Re: I-824

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What consulate was specified on the original I-130?

As a general rule of thumb, it may be better and easier to go with the
originally specified consulate, ideally the consulate of his nationality,
and have the son travel to wherever that is. I-824s can take a long time,
over a year, to process.

You would put Hong Kong as consulate. Port of Entry is whatever airport he
would fly into (Los Angeles, San Francisco, Dallas, New York, etc.), always
on US soil. I don't think it matters much in this case; the port of entry
question is really only relevant for Canadians with non-immigrant papers.

wawawa77 wrote:

    > I'm getting ready to fill out form I-824 for my uncle. He has an
    > approved I-130 for his unmarried son over age 21, and a visa number
    > became available. He was told he had to fill out I-824. His son is
    > currently in Hong Kong, so he will be doing consular processing. On
    > the form, should I check Box B ("USCIS to notify a different US
    > Consulate concerning approval of an application.")? Should I be
    > putting Hong Kong for the Port of entry? If anyone can help me, that
    > would be great. Thanks in advance.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Jan 14th 2006, 2:13 am
  #3  
Wawawa77
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Default Re: I-824

Maybe I'm not supposed to fill out form I-824. I'm confused. Is the
petitioner supposed to get some type of letter from USCIS telling him
that visa number is available for his petitionand that his priority
date is current? Because he didn't receive that. All he has is the
receipt notice from when he filed the I-130, which was in 1995. What
is he supposed to do now? What form is he supposed to fill out to
start the consular processing? His son is currently in Hong kong.
 
Old Jan 14th 2006, 1:15 pm
  #4  
Kevin Keane
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Default Re: I-824

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wawawa77 wrote:

    > Maybe I'm not supposed to fill out form I-824. I'm confused.

You would fill out form I-824 if you had originally requested adjustment of
status within the USA, and later changed your mind and use a consulate
instead. For cases such as yours, indeed it is probably not needed (and in
fact, my original response may have been not quite correct in that respect)

    > Is the petitioner supposed to get some type of letter from USCIS telling
    > him that visa number is available for his petitionand that his priority
    > date is current?

USCIS has nothing to do with the priority dates. Here is how it works in
such cases:

- - USCIS approves the I-130 and sends you an approval notice.
- - USCIS sends the whole file to the National Visa Center. NVC is independent
of USCIS; it is part of Department of State.
- - NVC will keep the file until about a year before they estimate the
priority date will become current. During this time, you would have to
inform NVC of any important change in the beneficiary's situation. In
particular, a move to a different address.
- - NVC then sends the file to the agency specified on the original I-130.
Usually, a consulate, or it could go back to USCIS, depending on what you
requested.
- - The consulate will get in touch with the beneficiary at the address they
have on file.
- - If the consulate cannot reach the beneficiary within one year after the PD
becomes current, they will administratively close the case.

    > Because he didn't receive that. All he has is the
    > receipt notice from when he filed the I-130, which was in 1995. What
    > is he supposed to do now? What form is he supposed to fill out to
    > start the consular processing? His son is currently in Hong kong.

See above; they probably sent it to whatever address was specified on the
I-130. Contact the National Visa Center to update them with the new address
where he will receive mail. Also specify which consulate he wants to use if
you are now choosing a different one (be aware that not all consulates can
issue immigrant visas, so check first!)

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Jan 15th 2006, 7:26 pm
  #5  
Wawawa77
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Default Re: I-824

I understand now. Yes, the address has been changed since filing of
I-130. If I contact the NVC regarding this matter, wil they reopen the
file and we can still continue with consular processing?
 
Old Jan 16th 2006, 12:11 am
  #6  
Shaos
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Default Re: I-824

333
 
Old Jan 16th 2006, 6:27 am
  #7  
Kevin Keane
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Default Re: I-824

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wawawa77 wrote:

    > I understand now. Yes, the address has been changed since filing of
    > I-130. If I contact the NVC regarding this matter, wil they reopen the
    > file and we can still continue with consular processing?

The file probably still is open. Yes, contact them, and if something got
lost in the mail, they will straighten it out. At the very least, it will
help figuring out what is going on with the case.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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