VisaUS immigrant visa cases can close after a year of inactivity
Applicants processing a visa abroad should identify the notice that starts the deadline and act through the office holding their case.
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Identify the notice and the date that matter
This guide concerns US immigrant visa applicants using consular processing, including applicants whose cases are held by the National Visa Center. Section 203(g) of the Immigration and Nationality Act requires termination of visa registration if the person fails to apply within one year after being notified that a visa is available. Find that notice and record when it was issued. The petition approval date alone does not establish that the statutory year has started.
The law also allows reinstatement if the applicant establishes within two years of the availability notice that the failure to apply was beyond their control. The National Visa Center warns that termination can cost the applicant the benefits of the petition, including the priority date. Read any case-specific instructions as soon as they arrive and act on the earliest applicable deadline.
Distinguish a visa queue from an unanswered case
The State Department’s Foreign Affairs Manual explains that a case must have a full year of visa availability before it is treated as inactive under this rule. Retrogression means a visa number that was available ceases to be available after a cut-off moves backward. A preference applicant who receives an inactivity notice despite a period of retrogression should gather the notices and relevant case history and ask the office to review the dates.
The manual also describes inactivity after a missed interview or a failure to respond to instructions. Rescheduling a missed interview within the year can restart the period from the new appointment date. Use the consulate’s rescheduling procedure and keep confirmation that the appointment was changed. A date you requested and a date actually confirmed by the consulate should be kept distinct in your records.
Read the online messages and finish the requested steps
Use the National Visa Center case number and invoice ID from the welcome letter to access the Consular Electronic Application Center, or CEAC. The State Department’s CEAC FAQ explains that new messages prompt email alerts to addresses listed for the case. Update the applicant and petitioner addresses in the account when necessary. Attorneys must use the Public Inquiry Form to update their own details. Read the actual message in CEAC and follow its instructions.
The document submission guide directs applicants to send the visa application, supporting civil records and any required financial support documents through the relevant process. Uploading files and submitting them for review are separate steps in CEAC. Check the case summary for any documents returned for correction. Once the National Visa Center determines the file is documentarily complete, it works with the consulate on scheduling. That review milestone is distinct from issuance of a visa.
Check what is already paid and what the case now requires
The State Department fee schedule lists $325 per applicant for the standard family immigrant visa application and $345 for the listed employment categories. Domestic review of an Affidavit of Support costs $120 where required. The payment FAQ distinguishes the immigrant visa fee for each applicant from the support review fee charged once per case, where applicable. Check the case’s actual bills and payment receipts.
The National Visa Center’s published contact instructions direct unresolved immigrant visa questions to its Public Inquiry Form. Use the case identifiers and describe the notice or payment issue with its date. Avoid duplicate enquiries while an earlier request is within the posted response window. If instructed to resume a case, follow the current fee and document instructions before making another payment.
Respond promptly to refusal or termination correspondence
The regulation separately provides for termination if, within one year after a refusal under Section 221(g), the applicant fails to present evidence addressing the refusal. Read the refusal sheet for the specific evidence and the submitting office. The regulation’s reinstatement notice language refers to the missed appointment or refusal dates in the respective situations. The statute and the National Visa Center describe the availability notice for the initial failure-to-apply rule.
If a termination notice has arrived, preserve it and send the office handling the case a chronology and evidence of circumstances that prevented action. The regulation gives illness preventing travel and a government’s refusal to allow departure as examples. Only the responsible officer can assess whether the evidence meets the standard. The applicable date and outcome depend on the case and should be checked promptly.
