At the Law Offices of Sabrina Li, we recently assisted a client whose long-approved immigrant visa case had been terminated by the U.S. Consulate in Guangzhou under Section 203(g) of the Immigration and Nationality Act (INA). This provision authorizes automatic revocation of certain approved immigrant visa petitions—such as the Form I-130—when the beneficiary fails to take timely action to pursue the visa.
Our client had an approved immigrant visa petition but was unable to complete consular processing on time. For several years, his employer in China retained his passport, preventing him from traveling or scheduling his visa interview.After recovering his passport upon retirement, new challenges arose—his spouse in the United States suffered from severe and chronic medical conditions requiring ongoing treatment and daily care.
As soon as he regained possession of his passport, the client traveled to the U.S. to reunite with his family while waiting for the consulate to schedule his interview. However, unable to leave his ailing spouse unattended, he remained in the U.S. and later filed for adjustment of status to avoid further separation.
During this time, he inadvertently lost contact with the consulate. More than a year later, he received notice that his immigrant visa registration had been terminated under INA §203(g) for failure to maintain communication.
Recognizing that the client’s situation met the criteria for humanitarian relief, our firm prepared a detailed reinstatement request. Although the law permits termination of a visa registration when an applicant fails to act within one year, it also allows reinstatement within two years if the delay was due to circumstances beyond the individual’s control.
Our submission explained that the delay resulted from factors entirely outside the client’s control and underscored the compelling humanitarian considerations in his case. By presenting both the factual context and the legal foundation clearly and persuasively, the firm demonstrated why reinstatement was not only justified but aligned with the compassionate principles underlying U.S. immigration law.
Shortly after submission, the Immigrant Visa Unit of Guangzhou reinstated the visa registration, recognizing that the delay was caused by legitimate humanitarian and logistical obstacles. This reinstatement restored the client’s eligibility to continue the immigration process, prevented automatic revocation of the approved I-130 petition, and allowed him to move forward toward permanent residency.
This case illustrates how unexpected life events can lead to the termination of an immigrant visa case, even after years of careful preparation. It also shows that with knowledgeable legal guidance and well-supported documentation, individuals can request reinstatement and successfully continue their path toward permanent residency.
At the Law Offices of Sabrina Li, we are dedicated to helping clients overcome complex immigration challenges—especially those involving immigrant visa terminations under INA §203(g) and other procedural barriers. We believe every person deserves the chance to be heard and for genuine humanitarian circumstances to receive fair consideration.
If you or someone you know has experienced a visa termination, consular delay, or other immigration setback, contact us at (213) 375-8096 or email info@sabrinali.law to schedule a consultation.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
