USCIS Updates Guidance for Family Based Green Cards
Effective May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated the guidance in the USCIS Policy Manual regarding family-based immigrant visa petitions. This includes changes related to 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 updates address correcting approval notice errors, requests for consular processing or adjustment of status on behalf of the beneficiary, and routing procedures for approved petitions.
Key Changes in the Guidance
Providing Accurate Beneficiary Information
If you are a petitioner submitting Form I-130, Petition for Alien Relative, it is essential to inform USCIS of the beneficiary’s current address and whether the beneficiary desires consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Accurate information ensures that USCIS can appropriately route the approved petition for either adjustment of status processing or consular processing.
Inaccurate information can lead to delays in the immigrant visa or adjustment of status process. For instance, if USCIS retains a petition due to inaccurate information, you may need to file Form I-824, Application for Action on an Approved Application or Petition, with the applicable fee to transfer the petition to the NVC.
Previous Policy vs. Updated Guidance
Before this update, USCIS generally retained approved petitions that did not clearly indicate whether the beneficiary preferred adjustment of status or consular processing. The updated guidance aims to clarify the procedures for family-based immigration petitions, ensuring more efficient processing when the beneficiary’s preference is unclear, has changed, or needs correction.
New Discretionary Measures
The updated guidance specifies that if you do not clearly indicate whether your beneficiary wants consular processing or adjustment of status, USCIS will use its discretion to decide whether to send the approved petition to the NVC for consular processing or retain the petition for adjustment of status processing. This decision will be based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
Correcting Errors and Updating Information
The updated guidance also outlines how to contact USCIS to correct an error or update a pending or approved Form I-130. This includes updating the beneficiary’s location and indicating their preference for consular processing or adjustment of status.
General Guidance on Petition Approval or Denial
Additionally, the updated guidance provides general instructions on how USCIS decides whether to approve or deny a family-based immigrant petition, including issuing relevant notices. Navigating these new guidelines can be complex, making it crucial to seek assistance from a qualified immigration attorney to ensure your petition is handled accurately and efficiently.
Conclusion
These updates aim to streamline the process for family-based immigrant visa petitions, ensuring that petitioners provide accurate information and clarifying the steps USCIS will take when preferences or information are unclear. By adhering to these guidelines, petitioners can help facilitate a smoother and more efficient immigration process for their beneficiaries.
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For expert assistance with your family-based immigrant visa petition, contact our immigration law firm today. Our experienced attorneys are ready to guide you through these updates and help ensure your petition is processed smoothly and successfully. Schedule a consultation now to begin your immigration journey with confidence.