USCIS issued guidance in the Policy Manual regarding family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant). This update includes an explanation on how USCIS handles correcting approval notice errors and requests for consular processing or adjustment of status, as well as routing procedures for approved petitions.
- A petitioner submitting Form I-130 must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Based on this information, USCIS will either keep the approved Form I-130 for adjustment of status processing or send it to the NVC for consular processing, as appropriate.
- If the petitioner does not provide accurate information on Form I-130, it may take longer for the beneficiary to get an immigrant visa or adjust status.
- If the petitioner does not clearly indicate whether the beneficiary wants consular processing or adjustment of status, USCIS will decide whether to send the approved Form I-130 to the NVC or keep it for adjustment of status processing.
- This update clarifies procedures for Form I-130 so USCIS can process it more efficiently when it is unclear whether the beneficiary wants consular processing or adjustment of status, or if their preference changes or their form needs to be corrected.
Erickson Insights & Analysis
USCIS expects this update will reduce the number of Forms I-824 filed, because they will keep fewer petitions for adjustment of status processing. This update will also increase flexibility for petitioners who do not have a consular post to record on Form I-130.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.