USCIS UPDATES GUIDANCE FOR FAMILY-BASED IMMIGRANT VISAS
On May 22, 2024 the U.S. Citizenship and Immigration Services (USCIS) updated guidance in the USCIS Policy Manual on family-based immigrant visa petitions. This includes Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The updated guidance explains how USCIS will handle correcting approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.
A petitioner submitting Form I-130, Petition for Alien Relative must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State's (DOS) National Visa Center (NVC) or adjustment of status in the United States, if eligible.
Providing this information causes USCIS to keep the approved petition for adjustment of status processing or send it to the NVC for consular processing, as appropriate. Inaccurate information on the petition can delay the immigrant visa or adjustment of status process.
This updated guidance provides that if a petitioner does not clearly indicate whether the beneficiary wants consular processing or adjustment of status, USCIS will use discretion to decide whether to send the approved petition to the NVC for consular processing or keep the petition for adjustment of status processing, based on evidence of the beneficiary’s most recent location, including the beneficiary’s address on the petition.
Finally, this updated guidance provides general guidance on how USCIS will decide whether to approve or deny a family-based immigrant petition, including relevant notices.
For more information, view USCIS alert.
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