
Ask an Immigration Attorney: What Happens If I Don't Use My Visa After It's Approved via Consular Processing? Could I reapply in the future?
Can I Reapply?
Generally speaking, for those who already have an I-130 petition on file with USCIS, it will continue to process. Once approved, the I-130 is transferred to the National Visa Center (NVC).
Can I Keep My Case Open?
Applicants can typically keep their case open with the National Visa Center as long as they keep in contact with the NVC at least once per year.
How Long Can I Keep My Case Open?
Once the year passes, applicants must repay certain visa fees. Failure to communicate for more than one year will allow the NVC to terminate the I-130. It's possible to contact the NVC via email at nvcinquiry@state.gov, as well as by phone at 603-334-0700.
Can I Break the Continuous Residence Requirement?
Once an applicant is approved for a green card, absences from the U.S. greater than six months may break the continuous residence requirement needed to show one is still a permanent resident.
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