What Happens If You Miss the NVC One-Year Login Requirement?
Understanding Case Termination and Reinstatement in Immigrant Visa Processing
Many families are shocked to learn that their immigrant visa case was terminated by the National Visa Center simply because no one logged in or contacted NVC for a period of time. This situation is more common than people realize, especially in long-pending family-based cases where visa numbers are not yet current or where applicants assume that silence means the case is simply waiting its turn.
This article explains what the NVC one-year contact requirement is, why it exists, what happens when a case is terminated, and what options may exist to reinstate a case. It also addresses a difficult but important reality: both attorneys and clients receive NVC communications, and failure to act can have serious consequences regardless of who missed the notice.
What Is the National Visa Center and What Does It Do?
The National Visa Center, commonly referred to as NVC, is a division of the U.S. Department of State. It acts as an intermediary between U.S. Citizenship and Immigration Services and U.S. embassies and consulates abroad.
After USCIS approves an immigrant visa petition such as Form I-130, the case is transferred to NVC for:
- Fee collection
- Document intake
- Affidavit of Support review
- Case storage until a visa number becomes available
- Scheduling of consular interviews when appropriate
NVC does not adjudicate eligibility for immigration benefits. Its role is administrative, but that administrative role carries strict procedural rules.
The One-Year Contact Requirement Explained
Under U.S. immigration law, immigrant visa applicants must take action to pursue their case within a certain time frame. If they fail to do so, the government may treat the case as abandoned.
The legal authority for termination of immigrant visa registration is found in:
INA § 203(g), 8 U.S.C. § 1153(g)
This statute provides that an immigrant visa petition may be terminated if the applicant fails to apply for an immigrant visa within one year of being notified that a visa is available.
The Department of State has interpreted and implemented this authority through regulations and policy guidance.
22 C.F.R. § 42.83(a) authorizes termination of registration when an applicant fails to take action within one year of notification.
In practice, NVC applies this concept broadly by requiring applicants to maintain contact with their case at least once every year, even when a visa number is not yet available.
What Counts as Maintaining Contact With NVC?
Maintaining contact does not necessarily mean completing the entire immigrant visa process. In most cases, it simply means showing continued intent to pursue the visa.
Examples of acceptable contact include:
- Logging into the CEAC system
- Submitting documents when requested
- Paying fees
- Submitting a public inquiry
- Responding to NVC emails
Failing to do any of these for a prolonged period can trigger warning notices and eventual termination.
Warning Notices Versus Actual Termination
Before a case is terminated, NVC typically sends a warning notice stating that the case will be terminated if no action is taken within one year.
These notices are usually sent by email and uploaded to the CEAC account. They may be sent to:
- The petitioner
- The beneficiary
- The attorney of record, if one exists
A critical point is that both clients and attorneys receive these notices. It can therefore be difficult to later argue that no one was informed.
If no response is received within the specified time period, NVC may terminate the case.
What Happens When an NVC Case Is Terminated?
When NVC terminates a case:
- The immigrant visa registration is canceled
- The case is removed from active processing
- The underlying petition may be returned to USCIS or considered no longer valid for visa issuance
This does not necessarily mean the petition can never be used again, but it creates additional legal hurdles.
Reinstating a Terminated NVC Case
Is Reinstatement Possible?
In many cases, yes. The Department of State allows reinstatement if the applicant can demonstrate that the failure to maintain contact was due to circumstances beyond their control.
This authority is reflected in:
9 FAM 504.13-2(A)
which allows consular officers and NVC to reinstate a petition if the applicant establishes good cause.
Examples of potential good cause include:
- Serious illness
- Lack of notice due to technical errors
- War or civil unrest
- Natural disasters
- Other extraordinary circumstances
Simply forgetting or assuming the case was on hold is usually not sufficient on its own, but combined factors may still support reinstatement.
How to Request Reinstatement Step by Step
- Submit an inquiry through the NVC Public Inquiry Form
- Clearly identify the case number
- Provide petitioner and beneficiary information
- Explain why contact was missed
- Reaffirm intent to pursue immigrant visa processing
- Attach supporting documentation if available
There is no official form for reinstatement. The request is discretionary.
Attorney Responsibility Versus Client Responsibility
This is one of the most sensitive aspects of terminated NVC cases.
Many clients assume that their attorney is solely responsible for maintaining the case. However:
- NVC sends notices to all listed parties
- Clients retain ultimate responsibility for their immigration case
- Representation agreements often limit ongoing monitoring unless specifically stated
Courts have generally held that applicants bear responsibility for pursuing immigration benefits.
In Matter of Valdez, 27 I&N Dec. 496 (BIA 2018), the Board of Immigration Appeals emphasized that failure to comply with procedural requirements can result in loss of benefits even when counsel is involved.
This does not mean attorney error is irrelevant, but it does mean reinstatement is not guaranteed solely because counsel missed a notice.
Best Practices for Keeping NVC Cases Active
To avoid termination:
- Log into CEAC at least every few months
- Save all NVC correspondence
- Keep email addresses updated
- Calendar reminders annually
- Ask your attorney about case monitoring expectations
- Personally verify case status periodically
Even when represented, clients should remain actively involved.
Relevant Statutes, Regulations, and Policy Authority
- INA § 203(g), 8 U.S.C. § 1153(g) – Termination of immigrant visa registration for failure to pursue
- 22 C.F.R. § 42.83(a) – Department of State authority to terminate registration
- 9 FAM 504.13-2(A) – Reinstatement of terminated petitions for good cause
- Matter of Valdez, 27 I&N Dec. 496 (BIA 2018) – Responsibility for procedural compliance
Frequently Asked Questions
How often do I need to log into my NVC account?
At least once every 12 months, though more frequent monitoring is recommended.
What if my case was terminated years ago?
Reinstatement may still be possible, but success depends on the reason for inactivity.
Do I need to file a new I-130 if my case was terminated?
Not always. Reinstatement may preserve the original petition.
How long does reinstatement take?
Processing times vary. It may take several weeks or months.
What if my attorney failed to maintain my case?
Reinstatement is still discretionary. Evidence of extraordinary circumstances helps.
Can I check my NVC case status myself?
Yes. Applicants can access CEAC directly.
Final Thoughts and Legal Disclaimer
This article provides general information and does not constitute legal advice. NVC termination and reinstatement cases are highly fact-specific and discretionary.
Call to Action
If your immigrant visa case has been terminated or you have received a warning notice from NVC, it is critical to act quickly. An immigration attorney can assess whether reinstatement is possible and help present the strongest request.
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