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On January 26, 2016, the American Clearing Attorneys Association (AILA) appear that the Department of State’s (DOS’s) National Acceptance Center (NVC) has amorphous sending belletrist to immigrant acceptance applicants who were afield beatific abortion belletrist beneath area 203(g) of the Clearing and Nationality Act (INA) advice them that their cases accept not been terminated. The affair stemmed from immigrant acceptance applicants who had a Anatomy I-601A, Application for Conditional Actionable Attendance Abandonment awaiting with United States Citizenship and Clearing Services (USCIS), but accustomed a abnegation based on accepting fabricated no acquaintance with the NVC aural one year.



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In accession to answer that the case is not terminated, the belletrist will acquaint the applicants that they will accept one year afterwards the approval of the Anatomy I-601A to acquaintance the NVC and abide processing the case. Because the cases were never terminated, no new fees will be required.

If an appellant or his or her advocate believes that a case was afield terminated, but accept no letter aural thirty days, the advocate should chase up with the NVC.



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EXPLANATION OF THE ISSUE

The accordant extract of area 203(g) reads as follows:

The Secretary of State shall abolish the allotment of any conflicting who fails to administer for an immigrant acceptance aural one year afterward notification to the conflicting of the availability of such visa, but the Secretary shall reinstate the allotment of any such conflicting who establishes aural 2 years afterward the date of notification of the availability of such acceptance that such abortion to administer was due to affairs above the alien’s control.

The erroneous 203(g) denials stemmed from actual about immigrant acceptance applicants who had filed a Anatomy I-601A. The belletrist were generated in cases area the NVC had accustomed no acquaintance from the immigrant acceptance appellant or his or her advocate aural one year, but area the immigrant acceptance appellant had a Anatomy I-601A abandonment awaiting with USCIS. The NVC accepted to AILA on September 9, 2015, that it considers the USCIS processing of the Anatomy I-601A to be a accurate anatomy of “contact” that should anticipate a area 203(g) abortion letter. Accordingly, the NVC declared that the one-year alarm should displace back the conditional actionable attendance abandonment is accustomed or denied.

Because altered authoritative agencies generally handle altered apparatus of the aforementioned all-embracing clearing process, complications such as this can arise. In this case, the systems at NVC, which is allotment of DOS, did not annual for the Anatomy I-601A, which was actuality candy by USCIS beneath the awning of the Department of Homeland Security (DHS). Fortunately, the NVC appears to be affective to boldness the affair for those who were afield issued abortion belletrist beneath area 203(g).

RESOURCES AND MATERIALS:

“Practice Alert: NVC Belletrist Indicating Possible Abortion of Immigrant Acceptance Applications,” (Jan. 26, 2016), accessible at AILA InfoNet at Doc. No. 15073009

On January 26, 2016, the American Clearing Attorneys Association (AILA) appear that the Department of State’s (DOS’s) National Acceptance Center (NVC) has amorphous sending belletrist to immigrant acceptance applicants who were afield beatific abortion belletrist beneath area 203(g) of the Clearing and Nationality Act (INA) advice them that their cases are not terminated. The affair stemmed from immigrant acceptance applicants who had a Anatomy I-601A, Application for Conditional Actionable Attendance Abandonment awaiting with United States Citizenship and Clearing Services (USCIS), but accustomed a abnegation based on accepting fabricated no acquaintance with the NVC aural one year.

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