USCIS Updates Guidance for I-130 Family-Based Visa Petitions

Starting May 22, 2024, USCIS is updating its guidance in the USCIS Policy Manual for family-based immigrant visa petitions. This update includes changes to handling approval notice errors, requests for consular processing or adjustment of status, and routing procedures for approved petitions. These changes affect Form I-130, Petition for Alien Relative, and in limited cases, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

Key Points of the Update

1. Beneficiary’s Address and Processing Preference:
   • Petitioners must inform USCIS of the beneficiary’s current address and whether they prefer consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the U.S.
   • Accurate information ensures the approved petition is processed correctly, either kept for adjustment of status or sent to the NVC.
2. Handling Inaccurate Information:
   • If inaccurate information is provided, the immigrant visa or adjustment of status process can be delayed.
   • In cases where USCIS retains a petition due to inaccurate information, petitioners may need to file Form I-824, Application for Action on an Approved Application or Petition, along with the appropriate fee, to transfer the petition to the NVC.
3. Clarified Procedures:
   • The update clarifies procedures for more efficient processing when the beneficiary’s preference is unclear, has changed, or requires correction.
   • USCIS will use discretion to decide whether to send the approved petition to the NVC or retain it for adjustment of status based on the beneficiary’s most recent location evidence, including the address on the petition.
4. Error Correction and Updates:
   • Guidance on contacting USCIS to correct errors or update a pending or approved Form I-130 is provided. This includes updating the beneficiary’s location and indicating their processing preference.
5. Decision-Making on Petitions:
   • General guidance, including relevant notices, on how USCIS approves or denies family-based immigrant petitions is also updated.

Importance of Accurate Information

To avoid delays in the processing of family-based immigrant visa petitions:

• Ensure all provided information is accurate.
• Indicate the beneficiary’s current address and processing preference.
• Update USCIS promptly with any changes.

Read the Full Update

• USCIS Updates Guidance for Family-Based Immigrant Visas

Conclusion

The updated USCIS guidance aims to streamline the processing of family-based immigrant visa petitions by ensuring clear communication and accurate information. Petitioners are encouraged to review these changes carefully to understand their responsibilities and the impact on their petitions. For further assistance or to address specific concerns, schedule a consultation with one of our experienced immigration lawyers.

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