Streamlined USCIS Updates for Family Visas: Clearing the Path to Residency
Effective May 22, 2024, USCIS has updated its Policy Manual regarding family-based immigrant visa petitions (including Form I-130 and certain family-based Form I-360 petitions). The update covers correcting approval notice errors, handling consular processing or adjustment of status requests, and routing procedures for approved petitions.
If you are submitting Form I-130, you must provide the beneficiary’s current address and indicate whether they want consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the U.S., if eligible. This information determines whether USCIS keeps the petition for adjustment of status or sends it to the NVC for consular processing. Inaccurate information can delay the process, and you may need to file Form I-824 with the appropriate fee to transfer the petition to the NVC if necessary.
Previously, USCIS kept approved petitions if the preference for adjustment of status or consular processing was unclear. The update clarifies procedures to ensure efficient processing when the beneficiary’s preference is unclear, has changed, or requires correction.
The updated guidance allows USCIS to use discretion to decide whether to send the approved petition to the NVC or keep it for adjustment of status processing based on the beneficiary’s most recent location.
It also explains how to contact USCIS to correct errors or update pending or approved Form I-130 petitions, including the beneficiary’s location and processing preference.
Lastly, the guidance outlines the criteria for approving or denying family-based immigrant petitions and relevant notices.
About Us
The Law Office of Nicholas J. Mireles, APC is an experienced Los Angeles-based U.S. Immigration Law firm practicing since 2013. Our background makes us uniquely well suited to help you with any issue relating to your immigration status.
We are happy to provide free initial consultations for any and all immigration matters, including seeking second opinions for those already represented.
Law Office of Nicholas J. Mireles, APC
411 West 7th St. Ste 310
Los Angeles, CA 90014
Comments