Understanding the Status of Your I-130 Petition After Administrative Processing

Have you ever received an I-130 petition that was withdrawn after being transferred to the National Visa Center (NVC) and is now pending for administrative processing at U.S. Citizenship and Immigration Services (USCIS)? If so, you might be wondering how to find out more information or the status of your petition. This article will guide you through the process of staying informed about your I-130 petition, including the steps to take and what to expect during administrative processing.

Receiving Your Receipt Number and Checking the Status

To monitor the status of your I-130 petition, the first and often most critical step is to obtain your receipt number. The receipt number is the unique identifier given to each petition, enabling you to track its progress. Once you have your receipt number, you can follow these steps to check the status:

Create an Account on the USCIS Website: Go to the official USCIS website and create an account using your receipt number. This will grant you access to a detailed status report on your petition. Check the Status: Once logged in, use your receipt number to check the current status of your I-130 petition. If the petition is still under administrative processing, it will update you accordingly. Contact the USCIS Contact Center: If you prefer, you can also call the USCIS Contact Center to inquire about the status of your petition. Be prepared to provide your receipt number during the call.

If you do not have a receipt number, unfortunately, accessing your petition's status online or through the contact center will not be possible. In such cases, you will need to wait until administrative processing is completed, which can take weeks, months, or even years.

Administrative Processing and Petition Validity

During the administrative processing stage, it is essential to understand that there is nothing to expedite, as the process is designed to be comprehensive. USCIS may return the petition to the National Visa Center (NVC) or the Department of State due to questions about the validity of the petition, which may involve the petitioner or the relationship between the petitioner and beneficiary. Only USCIS can make such determinations, and the NVC does not have the authority to make decisions regarding the petition's validity.

What to Do If There are Questions

If there are questions about the petition, they may be referred to the Department of State or the National Visa Center (NVC). If this occurs, it indicates that there may be issues with the petition that need to be addressed. The petition could be denied if these questions are not resolved satisfactorily. If you are the beneficiary and there is an issue with the petition, the Department of State would be the appropriate authority to contact.

Legal Action and Expedited Resolution

In certain cases, you may consider taking legal action to expedite the process. One option is to file a writ of mandamus, which is a legal document demanding that USCIS fulfill its duty to process your petition. If a petition is in the administrative processing stage and USCIS has not made a decision within a reasonable timeframe, a writ of mandamus may be a viable option to pursue.

It is important to note that the petition will either be approved or denied once administrative processing is completed. If the petition is approved, the next steps will involve further processing and possibly an interview with the National Visa Center (NVC).

Conclusion

Understanding the status of your I-130 petition, especially after it has gone through administrative processing, is crucial. By obtaining your receipt number and using the USCIS website or contacting the Contact Center, you can stay informed about the progress of your case. Remember, during administrative processing, there is nothing to expedite, and the process can take some time. If you encounter any issues or have unanswered questions, seeking legal assistance may be a wise decision.