Did You File a Family Petition Years Ago? Check Where It Stands
Some family-based immigration cases can remain in the system for many years because the number of visas available in certain family preference categories is limited. As a result, some petitions filed in the 2000s are only now reaching the front of the line.
If you or a family member filed a petition many years ago, it is a good idea to check the case regularly so you can stay informed about its status and know when action may be needed.
For a quick reference, you may also download our handout, “Did You File a Petition for a Relative Years Ago?”
1. Check the USCIS Case Status Online
Start by locating the receipt notice that U.S. Citizenship and Immigration Services (“USCIS”) issued when the petition was filed. This is usually a Form I-797, Notice of Action. The notice contains a receipt number made up of three letters followed by ten numbers.
Enter that receipt number into USCIS Case Status Online. In general, the online system may show the most recent action taken by USCIS, such as whether the petition was received, approved, transferred, or otherwise updated. For older petitions, however, the online status may not always reflect the case’s most current stage. Use it as a starting point, but do not rely on it as the sole source for determining where the case stands.
2. Find the Priority Date
Next, look for the priority date. In most family preference cases, the priority date is based on the date USCIS received the Form I-130 family petition. If the petition was approved, the approval notice should show the priority date or the date USCIS received the petition.
The priority date is important because it generally represents the beneficiary’s place in line for an immigrant visa. Family preference categories are subject to annual numerical limits, and there can be long waiting periods before a visa becomes available.
This is different from immediate-relative cases for certain close relatives of U.S. citizens, which are not subject to the same annual family preference limits. Older petitions that have waited many years commonly involve family preference categories such as F1, F3, or F4.
3. Compare the Priority Date with the Visa Bulletin
The U.S. Department of State publishes a Visa Bulletin every month. The Visa Bulletin lists cutoff dates for family-sponsored preference categories and separates certain countries of chargeability because waiting times can differ.
Find the family preference category for the petition, such as F1, F3, or F4, and then locate the column for the beneficiary’s country of chargeability (usually the country of birth). Compare the petition’s priority date with the applicable chart. Under the Final Action Dates chart, an immigrant visa number is generally available for final action only when the priority date is earlier than the listed cutoff date (or the category is marked “C,” meaning current).
The Visa Bulletin also contains a Dates for Filing chart. For consular processing, that chart may allow an applicant to begin submitting documents to National Visa Center (“NVC”) before a visa number is available for final issuance. For adjustment-of-status cases, USCIS separately announces which chart applicants may use for filing. If you are not sure which chart applies or whether the priority date is current, it is generally recommended that you obtain legal advice before relying on the comparison.
4. Act When the Priority Date Is Current, or Getting Close
In many cases, a family-based case can remain quiet for years and then become time-sensitive once the priority date approaches the applicable cutoff date. When a visa becomes available, there may be forms, fees, supporting documents, and deadlines that must be addressed.
For cases being processed through the NVC, it is advisable to review and respond promptly to notices or requests for action. The Department of State warns that failure to respond after notice of visa availability can put a petition at risk of termination. If your priority date is current under the applicable chart, or is getting close to the relevant cutoff date, review the case promptly rather than waiting for another notice to arrive.
If you are unsure whether the case is still with USCIS, has already been transferred to NVC, or requires a different next step, we recommend that you seek advice from a qualified immigration lawyer to help determine the case stage and available options.
5. If You Have Moved Since the Petition Was Filed
Address changes are particularly important in older family cases. USCIS sends notices to the address in its records. Changing your address with the U.S. Postal Service does not update your address with USCIS, and USPS will not forward your mail from USCIS.
If you have moved since the petition was filed, check whether USCIS has your current address. Information about updating your address with USCIS, including the online process and Form AR-11, can be found here.
If the case has already moved to NVC, the mailing address or phone number associated with the case may need to be updated with NVC separately. The Department of State directs applicants to use the NVC Public Inquiry Form for those updates.
What the Online Status Page Will Not Tell You
Generally speaking, USCIS Case Status Online is useful, but it should not be treated as a complete or definitive record of an older case. The status shown may lag behind later developments, including transfer of an approved petition to the Department of State or NVC. It also does not answer every question that can arise in a petition filed years ago. For example, the USCIS status page will not determine whether a child who was included in the case has aged out, whether the Child Status Protection Act (“CSPA”) may protect that child’s eligibility, or what to do if important notices were sent to an old address. For a general overview of CSPA and age calculations, see our article on CSPA Age Calculation.
These issues can change the next step and may require review of the original petition, approval notice, priority date, visa category, and communications from USCIS or NVC.
If you filed a family petition years ago, do not simply wait passively for a government notice to arrive. Find the receipt number, locate the priority date, check the Visa Bulletin regularly, make sure your contact information is current, and act promptly if your priority date is current or close to becoming current. If anything about the case is unclear, we recommend that you speak with a qualified immigration lawyer before important deadlines are missed.
Immigration law is an ever-changing area of law; thus, we highly recommend you to work with a legal counsel for the most up-to-date and detailed information. It will save you valuable time and frustration in the process. We are looking forward to working with you in meeting your immigration needs. Contact us.
This article is also available in Traditional Chinese and Simplified Chinese.
Disclaimer: The information on this website is provided for general informational purposes only and is subject to change without notice. It does not, and is not intended to, constitute legal advice. Accessing or using information on this website does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.
