Certain immigrant petitions may be terminated if they are inactive for a certain duration. In this article, we explain the circumstances under which this can occur and the precaution an applicant needs to take to prevent this. 

Circumstances for immigration petition termination per Section 203(g)

As per Section 203(g) of the U.S. Immigration and Nationality Act, registration of an individual’s visa petition can be terminated if the applicant fails to apply for an Immigrant Visa within one year following notification to the applicant of the availability of a visa. However, INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of the initial notification that such failure was due to circumstances beyond their control.

The immigrant visa petition may be terminated under Section 203(g) of the U.S. Immigration and Nationality Act if the applicant meets any of the following:

1. Has not made an application for a visa within one year of notice of visa availability.
2. Does not respond to the appointment notice included with the immigrant visa appointment package, meaning that the applicant fails to appear for a visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview.
3. Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the visa refusal; or
4. Fails to comply with the follow-up instructions for immigrant visa applicants or fails to log into their CEAC account within one year.

Precaution to Avoid Termination of the immigrant visa

To avoid an immigrant application being terminated pursuant to INA 203(g), it is important for the applicant / beneficiary to keep the communication active. Even if interview dates are unavailable, it is important for the applicant / beneficiary to contact the National Visa Center, helpdesk, or consulate periodically to keep the case active. In case of INA 221(g) requests, the applicant should respond at the earliest to avoid the petition termination. 

More information on this subject can be found here.