What happens if there is a failure to claim available visa within a year? 3 Answers as of June 07, 2011My dad as a permanent resident petitioned for me as a minor and after a few years a visa was available for me, however our lawyer didn’t realize that a visa was available for me until it had been a year (now). Now my petition is in the termination process but I have a year to cancel termination. Can I still claim that visa? If not may I appeal that decision since I was not at fault? My dad is now a legal citizen and I am now 19. Is it more convenient for me time wise to just file a new petition?
World Esquire Law Firm | Aime Katambwe
NO, NO, NO,NO! Get on the petition that is being terminated right now. Find the money, the time, the talent and everything else to bring this current visa to produce a green card for you now. Don't worry about the lawyer and his mistake, you can deal with that later. All your energy should be focused on getting that visa processed and your immigrant visa or green card granted. I hope I am making myself clear. You will be aging out very soon when you get to be 21, so you have no time to waste. Get on with it. NO EXCUSES. GO AND CLAIM YOUR VISA. PERIOD! Good luck!
Answer Applies to: California
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
If USCIS has informed you that you have a year to cancel the termination, by all means, cancel the termination and follow through with your petition. The fact that your father has now become a citizen means that you will have a better visa preference, F1 rather than F2A. Do not abandon your petition to file a new one. Besides having to pay filing fees again, you will have a much longer wait than if you follow through with your current petition. Make sure you keep your address current with the visa processing center.
Answer Applies to: Washington