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IMPORTANT NOTICE for anyone who is a Refugee or Asylee who is trying to bring a family member to the United States, (Form I-730 Petition) - Update

Pursuant to a Settlement Agreement in Tsamcho v. Napolitano, No. 10 CV 2029 (E.D.N.Y), from now on, U.S. Citizenship and Immigration Services (USCIS) will not deny, but instead will hold (administratively close) approved Form I-730 petitions when the Beneficiary (relative) does not appear at a U.S. Embassy/Consulate for an interview and processing. The Form I-730 petition
will continue to be processed when the individual who filed the petition (the Petitioner) notifies USCIS that the Beneficiary is available to appear at the U.S. Embassy/Consulate.


• To contact USCIS when the Beneficiary of your Form I-730 petition is available to appear for processing, you must call the National Customer Service Center (NCSC): 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired). YOU MUST TELL THE CUSTOMER SERVICE REPRESENTATIVE THAT YOU ARE CALLING ABOUT THE TSAMCHO (pronounced sam-cho) SETTLEMENT AGREEMENT. You will also need to provide updated contact information for both yourself and the Beneficiary, the Form I-730 petition receipt number, and the Beneficiary’s and the Petitioner’s A-numbers. There is no fee to reaffirm and proceedwith the processing of your Form I-730 petition.

After USCIS receives your request, you will receive a Notice of Action indicating that the Form I-730 petition has been reaffirmed and has been sent to the U.S. Department of State’s National Visa Center for interview scheduling. There is no fee to proceed with the processing of your Form I-730 petition.


Pursuant to the same settlement agreement, USCIS has agreed to reopen Form I-730 petitions that were previously approved but then reopened and denied because the Beneficiary did not appear for processing at the U.S. Embassy/Consulate or USCIS office overseas. In those cases, USCIS
will not deny, but instead will reopen and then hold (administratively close) the Form I-730 petition until the Beneficiary can appear at the U.S Embassy/Consulate for processing. There will be no fee to reopen the Form I-730 petition, but the Petitioner must contact USCIS to have
the Form I-730 petition reopened.

If your Form I-730 petition was denied, you are eligible to have your Form I-730 petition reopened if:


(1) You filed a Refugee/Asylee Relative Petition on Form I-730; and,
(2) USCIS approved the Form I-730 petition; and,
(3) The Beneficiary did not appear at a U.S. Embassy/Consulate for a
required interview; and,
(4) USCIS then reopened and denied the Form I-730 petition solely because
the Beneficiary did not appear at the U.S. Embassy/Consulate for the
interview.


You are not eligible to have your Form I-730 petition reopened if the Form I-730 petition was denied for some reason other than the failure of the Beneficiary to appear for an interview at a U.S. Embassy/Consulate.

If you believe your Form I-730 petition was denied and that you are eligible to have your case reopened, you must:


• Make a request to USCIS by calling the National Customer Service Center (NCSC): 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired). YOU MUST TELL THE CUSTOMER SERVICE REPRESENTATIVE THAT YOU ARE
CALLING ABOUT THE TSAMCHO (pronounced sam-cho) SETTLEMENT
AGREEMENT. You will also need to provide updated contact information for both yourself and the Beneficiary, the Form I-730 petition receipt number, and the Beneficiary’s and the Petitioner’s A-numbers. When making the request, you should inform USCIS if the Beneficiary will or will not be able to appear at the U.S. Embassy/Consulate or USCIS overseas office within six months. If the Beneficiary is able to appear within six months, you should also indicate when and where he or she can appear. This will ensure appropriate handling if USCIS determines the case should be reopened.


After USCIS receives your request, and if your case is reopened and your Beneficiary can appear within six months, you will receive a Notice of Action indicating that your Form I-730 petition has been reaffirmed and has been sent to the U.S. Department of State’s National Visa Center for interview scheduling.


• If your Beneficiary cannot attend an interview within the next six months, USCIS will not deny, but instead will hold (administratively close) the Form I-730 petition until you inform USCIS that the Beneficiary can appear at the U.S. Embassy/Consulate for an interview. Three months prior,or as soon as you know that the Beneficiary will be able to appear for an interview, you should
inform USCIS in accordance with the instructions above. There is no fee to reaffirm and proceed with the processing of your Form I-730 petition.

 

After USCIS receives your request, you will receive a Notice of Action indicating that your Form I-730 petition has been reaffirmed and has been sent to the U.S. Department of State’s National Visa Center for interview scheduling.

Last Reviewed/Updated: 03/11/2013