Dad (U.S. Citizen) filed a petition for me (under 21, unmarried), received NOA1!

[octopusinspace]

I have a few questions here:

1.) When will I know my IV category?
2.) I've been to the U.S. before but I voided my GC since I overstayed abroad, will it be a denial factor for my visa?
3.) How long will my processing take?
4.) What's next for NOA1?

Thanks! Hope you guys answer me!

[osweiti50]

Your category is written on the NOA, in fact you are an "Immediate Relative", I guess it could be "IR-2. On the other hand I think your dad could have filed "Re-entry Visa" as you did have LPR/Green Card status before. I advise that you ask an immigration lawyer or the USCIS Customer Service Center at 1-800 number.
The processing time will depend on your case but you are not subject to priority date, yours will be processed right away, once approved by the USCIS it will be sent to the NVC (National Visa Center), the NVC will contact your dad to provide some documents and I-864...etc. Once received your file will be posted to the US Embassy in your home country. The Embassy will contact you, will ask you to provide some docs, medical exam...etc, then you will be interviewed and based on the interview you will/will not be granted an IV.

NOA1 means Notice of Action that means your application has been accepted and entered to the processing.

Good Luck

[octopusinspace]

Thanks for answering!

So I'm an 'Immediate Relative' and I can get a visa within a year right? About the returning resident visa, well, I don't really have evidences that my overstay here was out of my control and it's also 4 years past so we thought it was more wise to file a new petition! Thanks for the answers!

and oh, which NOA do I get to see my category? I'm just excited! heheheh

[osweiti50]

See below details extracted from the website "Travel.State.Gov" on the Immediate Relative categories:

Overview - Family-based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

IR-1: Spouse of a U.S. Citizen - Learn More
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen - Learn More
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen - Learn More
IR-5: Parent of a U.S. Citizen who is at least 21 years old

Once more if I were in your place I would try to file "Re-entry Visa".

On the NOA document you must have received from the USCIS you can read something general on the category.

Good Luck