Effective May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) has revised its Policy Manual concerning family-based immigrant visa petitions, including Form I-130 (Petition for Alien Relative) and, in specific cases, family-based Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). This update covers the correction of approval notice errors, requests for consular processing or adjustment of status, and the routing procedures for approved petitions.
Petitioners submitting Form I-130 must provide USCIS with the beneficiary’s current address and state whether the beneficiary prefers consular processing through the Department of State National Visa Center (NVC) or adjustment of status within the United States, if they qualify.
This information allows USCIS to either retain the approved petition for adjustment of status or send it to the NVC for consular processing. Failure to provide accurate information can delay the immigrant visa or adjustment of status process. For example, if USCIS retains a petition due to incorrect information, the petitioner usually needs to file Form I-824 (Application for Action on an Approved Application or Petition) with the appropriate fee to transfer the petition to the NVC.
Prior to this update, USCIS typically kept approved petitions that did not clearly indicate the beneficiary’s preference for adjustment of status or consular processing. The new guidance aims to streamline family-based immigration petitions, ensuring more efficient processing when the beneficiary’s preference is unclear, has changed, or requires correction.
Under the revised guidance, if a petition does not clearly state the beneficiary’s choice, USCIS will use discretion to decide whether to send the petition to the NVC for consular processing or retain it for adjustment of status. This decision will be based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
The update also details how petitioners can contact USCIS to correct errors or update pending or approved Form I-130 petitions. This includes updating the beneficiary’s location and indicating their preferred processing method.
Additionally, the guidance outlines the general criteria USCIS uses to approve or deny family-based immigrant petitions, including the issuance of relevant notices.
