On May 22, 2024, the United States Citizenship and Immigration Services (USCIS) updated their policies on family-based immigrant visa petitions to explain how petitioners can request corrections to approval notice errors and request for adjustment of status or consular processing for the beneficiary’s immigrant visa application. The agency also explained how it will handle these petitions once approved. These changes affect petitions filed using Form I-130, Petition for Alien Relative, and in some situations, family-based Form I-360, Petition for Ameriasian, Widow(er), or Special Immigrant.
Petitioners must include on the petition form the current address where the beneficiary lives and whether the beneficiary will apply for an immigrant visa through consular processing with the Department of State National Visa Center (NVC) or adjust status in the United States. Based on this information, the USCIS will keep the petition for processing with the beneficiary’s adjustment of status, or send it abroad to the NVC. If the petitioner does not tell USCIS clearly on the form where the beneficiary lives and whether the beneficiary will adjust status or apply through consular processing, USCIS will make this decision based on the information provided.
If USCIS keeps the approved petition as a result of incorrect information provided on the Form I-130 or Form I-360 for the beneficiary’s address and how the beneficiary will apply for an immigrant visa, the petitioner will need to file Form I-824, Application for Action on an Approved Application or Petition, and pay the appropriate filing fee to transfer the petition to the NVC.
If you need to make corrections to a recently filed Form I-130 or Form I-360, or have questions regarding family-based immigrant visa petitions or any other immigration related matter, please do not hesitate to contact KILO Immigration by filling out this contact form.