Effective May 22, 2024, the United States Citizenship and Immigration Services (USCIS) has updated its guidance on family-based immigrant visa petitions, including Form I-130 (Petition for Alien Relative) and, in specific instances, family-based Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
This update clarifies the process for correcting approval notice errors, handling requests for consular processing or adjustment of status, and routing approved petitions.
For petitioners submitting Form I-130, it is crucial to inform USCIS of 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.
Accurate information ensures the approved petition is directed appropriately, either retained for adjustment of status processing or forwarded to the NVC for consular processing.
Inaccurate information can lead to delays; for for instance, if a petition is retained due to incorrect details, the petitioner must file Form I-824 (Application for Action on an Approved Application or Petition) with the necessary fee to transfer the petition to the NVC.
Previously, if an approved petition did not clearly indicate the beneficiary’s preference for adjustment of status or consular processing, USCIS typically retained it.
The new guidance promotes more efficient processing by clarifying procedures when the beneficiary’s preference is unclear or has changed, or when a correction is necessary.
Under the updated guidance, if the beneficiary’s preference is not explicitly stated, USCIS will use discretion to determine whether to send the approved petition to the NVC for consular processing or keep it for adjustment of status.
This decision will be based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
The new procedures also detail how petitioners can contact USCIS to correct errors or update a pending or approved Form I-130.
This includes updating the beneficiary’s location and specifying whether they prefer consular processing or adjustment of status.
The updated guidance also provides general instructions on how USCIS decides whether to approve or deny a family-based immigrant petition, including issuing relevant notices.
These changes aim to streamline the process, reducing delays and ensuring that petitions are processed according to the beneficiary’s circumstances and preferences.
For more detailed information and updates, petitioners are encouraged to visit the USCIS website.
Source: https://economictimes.indiatimes.com/nri/migrate/us-updates-rules-for-correcting-errors-in-family-based-immigrant-visa-petitions/articleshow/110414509.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
