Revised Guidance on Family-Based Immigrant Visa Petitions
Starting May 22, 2024, the USCIS Policy Manual guidance concerning family-based immigrant visa petitions has been amended.
The updates cover error corrections in approval notices, consular processing or adjustment of status requests on behalf of the beneficiary, and procedures for routing approved petitions in relation to Form I-130, Petition for Alien Relative, and in certain cases, the family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Petitioners using Form I-130 must now notify USCIS of the beneficiary’s current address and whether the beneficiary opts for adjustment of status within the United States, if eligible, or consular processing with the National Visa Center (NVC). USCIS will then accordingly either retain the approved petition for adjustment of status or forward it to the NVC for consular processing.
Previously, USCIS would typically retain approved family-based immigration petitions that did not clearly specify the beneficiary’s preference for adjustment of status or consular processing, which could have the effect of delaying the process for an immigrant visa or adjustment of status.
The new guidance specifies that if petitioners do not clearly state whether their beneficiary desires consular processing or adjustment of status, USCIS will decide, at its discretion, whether to send the approved petition to the NVC or retain it 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.
By clarifying the procedure, it is intended that processing becomes more efficient when the beneficiary’s preference is unclear or has changed, or when a correction is necessary.
The update also offers general information on how USCIS determines whether to approve or deny a family-based immigrant petition, including relevant notices, and explains how petitioners can contact USCIS to correct errors or update a pending or approved Form I-130, including changes in the beneficiary’s location and their preference for consular processing or adjustment of status.
Need assistance?
NNU Immigration are US immigration and nationality specialists. For expert advice on the new guidance, or any aspect of family-based Green Card petitioning, contact us.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
