In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
1) QUESTION: My dad applied for an I-130 relative petition for me in 2013. After following up with USCIS, we just learned that it was approved in February of 2015. But we never received the approval notice. How can I get a copy of the approval notice for this I-130 petition?
ANSWER: You can request a duplicate Notice of Approval for your petition, as long as the petition is approved and it has not since been revoked, using immigration Form I-824, which is available on the USCIS website. I will warn you that USCIS is currently taking a long time to adjudicate Forms I-824 requests. The form must be filed by the Petitioner for the petition, which is usually the sponsoring relative or the sponsoring employer (in your case, your father is the Petitioner). If the Form I-824 is filed by the foreign national beneficiary, USCIS probably will not issue the duplicate Approval Notice.
There is a filing fee for this application, so it might be best to have a consultation appointment with me or another experienced immigration attorney first, so that you can determine whether you actually need the duplicate approval notice or not.
When the I-130 approval notice is lost, it often happens because the petitioner (in this case your father), moved and did not update their address with USCIS. So it is important for Petitioners to remember to update their address with USCIS each time they move, throughout the entire process, even after the petition is approved. Updating your address is currently done by submitting an immigration Form AR-11, which can be completed and submitted online, on the USCIS website.
2) QUESTION: If a green card holder living outside the US no longer wishes to pursue getting his/her American citizenship – can he/she let go of the green card and apply for a simple travel visa without being adversely affected?
ANSWER: I have previously posted about giving up a green card (also known as abandoning permanent residence).
Someone who abandons their permanent residence can later apply for a visitor visa. As with all applicants for a visitor visa to the US, they will need to show that their ties to their home country are stronger than their ties to the US, and that they are unlikely to remain in the US. This can sometimes be tougher for foreign nationals who have been living in the US as permanent residents. So giving up permanent residence does not guarantee that the person will be able to obtain a visitor visa soon afterwards, but it is an option.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.