Effective May 22, 2024, there are new updates to USCIS’ manual for family-based immigrant visa petitions. The updates address how correct approval notice errors and requests for either adjustment of status or consular processing are handled. Updates to the routing guidelines for approved petitions were also made. The revised guidelines affect petitions submitted using Form I-130, Petition for Alien Relative, and sometimes Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
When submitting Form I-130, petitioners must include the beneficiary’s current address. Petitioners must also indicate if requesting consular processing with the Department of State National Visa Center (NVC). If eligible, the beneficiary may request adjustment of status processing in the United States. Based on the information provided, USCIS will either retain Form I-130 for adjustment of status processing or send it to the NVC for consular processing.
If the petitioner does not specify the beneficiary’s preference for consular processing or adjustment of status, USCIS will decide independently. If the beneficiary’s address included on the Form I-130 is located inside the United States, USCIS will likely keep the petition for processing. If the address is outside the United States, USCIS will most likely send it to the NVC for consular processing.
Incorrect information on Form I-130 may cause processing delays. In such cases, the petitioner will need to file an additional form, Form I-824, Application for Action on an Approved Application or Petition, and pay a related fee to transfer the petition to the NVC.
Previously, USCIS generally kept an approved Form I-130 if the beneficiary did not clearly state their preference for processing location. This new guideline is meant to streamline processing by reducing the number of Forms I-824 filed. It also offers more flexibility for petitioners who do not have a consular post to record on Form I-130.
If you have any questions about any family-based or employment-based U.S. immigration issue, please contact us. Our team of experienced attorneys work directly with our clients every step of the way.