Case validity period

bejo123

New Member
A friend of mine had his family immigration interview in the embassy , due to insufficient validity period in his passport, only 4 month to expiration, the officer asked him to submit a new passport with longer validity period. and allow him 1 year validity for the case to remain active in the embassy until he gets his new passport. For my friend to get a new passport, he must finish his military service situation first, his military situation won't be resolved until Jul.2022, which exceeds the period that the officer allowed the case to remain active.
The question:
Is there anyway to extend the case validity period in the embassy so that he can settle his military situation and get his new passport?

thanks
 

newacct

Well-Known Member
What category is he immigrating in?

9 FAM 504.10-2(A)(2) says that, if the person's passport validity is less than the immigrant visa validity + 60 days (which is the case here, since immigrant visas are usually valid for 6 months, so the passport should be valid for 8 months for full immigrant visa validity), the officer may limit the immigrant visa validity to 60 days before the passport expires, if that is enough time for the person to travel to the US. So in this case, the officer should be able to issue an immigrant visa for about 2 months (i.e. expiring 60 days before his passport expires), if he is able to come to the US within the next 2 months.
 

SusieQQQ

Well-Known Member
Does he have to finish his military service before he can actually emigrate, too? If not, newacct's suggestion is a good one.
Is your friend a principal or a derivative beneficiary on the family based petition?
 

bejo123

New Member
Does he have to finish his military service before he can actually emigrate, too? If not, newacct's suggestion is a good one.
Is your friend a principal or a derivative beneficiary on the family based petition?
My friend is a husband of US citizen wife, he is the principle applicant. Yes he must finish his military service before he travel.
 

newacct

Well-Known Member
Well, even if his passport had years of validity left, and the officer issued an immigrant visa now valid for 6 months, wouldn't he still not have been able to travel during that time due to the military service issue?

What does "must finish his military service" mean? Does it mean they will bar him from leaving the country before he finishes his military service, even if he has a valid passport? Or does it mean that they will not bar him leaving on a valid passport, but if he fails to finish his military service, he might suffer consequences if he returns to the country in the future? If the former, then he clearly has no option but to stay and finish the military service. If the latter, and he's not afraid of the home country consequences, he can try to see if the US visa officer will issue the immigrant visa with short validity and travel to the US on the short validity remaining on his passport, and just skip the military service.

I believe that you can keep a petition alive at NVC by calling them once every year. I am not sure about whether you would need to start a new case at the consulate.
 
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