USCIS Updates Guidelines for Family-Based Immigrant Visas
Effective May 22, 2024, a petitioner filing Form I-130, Petition for Alien Relative, must inform USCIS of the beneficiary’s current address and whether the beneficiary seeks consular processing with the Department of State’s National Visa Center (NVC) or adjustment of status in the United States, if eligible. Providing this information ensures that USCIS either retains the approved petition for adjustment of status or sends it to the NVC for consular processing, as appropriate. Failure to provide accurate information on the petition may delay the immigrant visa or adjustment of status process.
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Prior to issuing this update, USCIS generally held approved petitions that did not clearly indicate whether the beneficiary sought adjustment of status or consular processing. This update clarifies the procedures for family-based visa petitions to promote more efficient processing when the beneficiary’s preference for consular processing or adjustment of status is unclear, has changed, or needs correction.
These updated guidelines stipulate that if the petitioner does not clearly indicate whether the beneficiary seeks 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 based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
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