Effective May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance in the USCIS Policy Manual regarding family-based immigrant visa petitions. This update includes details on how USCIS handles correcting approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.
USCIS now handles approved petitions more efficiently when the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed.
Petitioner Responsibilities
- When submitting Form I-130 (Petition for Alien Relative), it’s crucial to provide accurate information about the beneficiary’s current address and their preference for either consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States (if eligible).
- Failure to provide accurate information can lead to delays in the immigrant visa or adjustment of status process.
- If a petition is kept due to inaccurate information, the petitioner may need to file Form I-824 (Application for Action on an Approved Application or Petition) with the appropriate fee to transfer the petition to the NVC.
Handling Beneficiary Preferences
- The updated guidance clarifies procedures for family-based immigration petitions.
- If the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed, USCIS will use discretion to decide whether to send the approved petition to the NVC for consular processing or retain it for adjustment of status processing.
- Evidence of the beneficiary’s most recent location, including the address on the petition, will be considered.
Correction and Updates
- Petitioners can contact USCIS to correct errors or update pending or approved Form I-130 petitions.
- This includes updating the beneficiary’s location and indicating their preference for consular processing or adjustment of status.
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