Effective Date: May 22, 2024
The United States Citizenship and Immigration Services (USCIS) has updated its policy manual regarding family-based immigrant visa petitions. This change streamlines the process and clarifies any confusion about handling form errors, address updates, and requests for consular processing or adjustment of status.
New Procedures for Form I-130
When you submit Form I-130, Petition for Alien Relative, it is essential to provide complete and accurate information. In particular, make sure the beneficiary’s current address is noted down correctly. Also, you need to specify if the beneficiary wants to go through consular processing with the Department of State National Visa Center (NVC) or if they prefer adjustment of status in the United States. Ensuring this information is correct helps USCIS process the petition efficiently.
If the information is inaccurate or incomplete, your petition might be delayed. For instance, if the petition stays with USCIS due to incorrect details, you may have to file Form I-824, Application for Action on an Approved Application or Petition, along with the required fee, to transfer the petition to the NVC.
Clarifications on Routing Procedures
In the past, USCIS kept approved petitions that did not clearly state whether the beneficiary wanted an adjustment of status or consular processing. The new guidance clarifies how these situations will be handled, helping to make the process more efficient when there is confusion or change regarding the beneficiary’s processing preference.
If the beneficiary’s preference is unclear, USCIS can now use its judgment to decide what to do. They will consider the beneficiary’s most recent address and other evidence to determine whether to send the petition to the NVC or keep it for adjustment of status processing.
Correcting Errors and Updating Information
The updated guidance also explains how petitioners can contact USCIS to correct errors or update a pending or approved Form I-130. For example, if necessary, you can now update the beneficiary’s location or indicate whether they want consular processing or adjustment of status more efficiently based on this new guidance.
Decision-Making Guidance
The new guidance provides updated information on how USCIS decides whether to approve or deny a family-based immigrant petition. This includes details on the relevant notices you might receive during the process.
Review the USCIS Policy Manual to see these changes in total.
Need Help with Form I-130 or Family-Based Immigration?
If you believe there is an error on your Form I-130, or if you have any questions about family-based immigration, reach out to our law firm for assistance. At Sebastian Simon Law Group, PLLC, we represent clients worldwide and have extensive experience helping families reunite through successful immigration to the United States.
In light of the recent USCIS updates, an experienced immigration attorney like ours can be invaluable in helping you ensure your petition is accurate and complete. Our team can help you understand this recent update and help you correct any mistakes on your Form I-130. We can also provide guidance on whether consular processing or adjustment of status is more suitable for your situation and how to update any information on your pending or approved petition.
For personalized assistance, contact Sebastian Simon Law Group, PLLC today. Let our experience and dedication work for you and your family.
