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Immigration Issues/Immigration Visa for my Father



I just received this letter from the NVC.

"Your letter has been received at the National Visa Center.

The Immigration and Nationality Act (INA) does not
allow derivative status to family members of immediate relatives. IR1,CR1,CR2, IR2, and IR5 classifications are immediate relative visa
categories. This means that a spouse, unmarried child under the age of 21 and a parent of a U.S. citizen require their own individual petition in
order to immigrate to the U.S.

If a period of one year without contacting the NVC, all submitted fees and documents will expire. In that case, fees and documents will need to be resubmitted in order to continue the immigration process."


I originally submitted one I-130 form for my father and I also included my stepmother and their doughter (my 12 years old sister) on the same form with everything that is required. I thought the my stepmother and my sister are included with my father's Visa request on the one I-130 form. I then received a notice that the I-130 application was approved. And I have sent in the I-864 form for the Affidavit of
Support to include both my stepmother and sister.

What should I do?
1. Does this mean I must submit a seperate I-130 form for both of them?
2. Or do I resubmit a seperate I-130 form for just my stepmother?
4. Will this stop or slow down wife's Visa process?

You need separate I-130s for your stepmom and one for your sister. Your sisters case will take about 15 years. Your father can continue to process and your step mom will process her NVC stuff after her I-130 petition is approved.

If you have a case for your wife, it will not be affected by this.



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Robert Hollander<B> Esq.</B>



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