Updates to the U.S. Citizenship and Immigration Services (USCIS) Manual for family-based immigrant visa petitions were made, effective May 22, 2024. The USCIS updates include handling the correction of approval notice errors and requests for adjustment of status or consular processing. Other updates for routing guidelines for approved petitions were also made. Affected petitions include those submitted through Form I-130, Petition for Alien Relative and in some situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Petitioners submitting Form I-130 must include the beneficiary’s current address and 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, as appropriate.
If the petitioner does not specify, clearly, the beneficiary’s preference on consular processing or adjustment of status, USCIS will make that decision independently. If the beneficiary’s address included on the Form I-130 is in the United States, USCIS will likely retain the petition for processing. If the submitted Form I-130 shows an address outside of the United States, USCIS will likely send it to NVC for consular processing.
If inaccurate information is shown on the submitted Form I-130, a delay in processing will likely result. Further, the petitioner will subsequently need to file an additional form, Form I-824, Application for Action on an Approved Application or Petition, and the related fee, to transfer the petition to the NVC.
Prior to this updated, USCIS generally kept an approved Form I-130 if the beneficiary didn’t clearly state their preference for processing location. This update is meant to streamline processing by reducing the number of Forms I-824 filed. Further, the update increases petitioner flexibility for those who do not have a consular post to record on Form I-130.
As always, contact us if you have any questions about any family-based or employment-based U.S. immigration issue. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their particular situation.
