USCIS Updates Policy on Family-Based Immigrant Visa Petitions

Great news for families seeking to reunite in the United States! The United States Citizenship and Immigration Services (USCIS) recently updated its Policy Manual to clarify procedures for family-based immigrant visa petitions.

This is particularly helpful for situations where the beneficiary’s preference for consular processing or adjustment of status is unclear, has changed, or a correction is needed.

What are Family-Based Immigrant Visa Petitions?

These petitions are filed by U.S. citizens or lawful permanent residents on behalf of their family members seeking to immigrate to the United States. Common examples include petitions for spouses, children, and parents. The two main processing options are:

Consular Processing: This involves the beneficiary applying for an immigrant visa at a U.S. consulate or embassy abroad.

Adjustment of Status: This allows the beneficiary to apply for a green card while already in the United States, provided they meet certain eligibility requirements.

Also Read: USCIS Announces Grant Program for Citizenship Preparation Across the US

What’s New?

Previously, USCIS would hold onto approved petitions where the beneficiary’s preferred processing method wasn’t clear. This update aims to streamline the process:

Clear Communication is Key

When filing Form I-130 (Petition for Alien Relative), you must now explicitly state the beneficiary’s current address and preferred processing method – consular processing or adjustment of status (if eligible).

Avoiding Delays

Providing accurate information is crucial! Incorrect details can lead to delays. For instance, if you initially indicated adjustment of status but the beneficiary now prefers consular processing, you may need to file Form I-824 (Application for Action on an Approved Application or Petition) with the appropriate fee to transfer the petition to the National Visa Center (NVC) for further processing.

Also Read: USCIS Expands Fast-Track Green Card Options for Skilled Workers

Correcting Errors

The updated guidance clarifies how to contact USCIS to rectify any errors or update a pending or approved Form I-130. This includes changes in the beneficiary’s location or their preferred processing method.

Decision-Making Criteria

Additionally, the new guidance provides a clearer framework for how USCIS decides to approve or deny family-based immigrant petitions. This includes detailed criteria and relevant notices that will be considered during the decision-making process.

Overall, these updates aim to:

• Enhance efficiency in processing family-based immigration petitions.
• Reduce delays caused by unclear information.
• Provide a clearer path for petitioners and beneficiaries throughout the process.

Conclusion

The revised USCIS policy on family-based immigrant visa petitions introduces critical updates designed to streamline the processing of these petitions. By ensuring petitioners provide accurate information and clearly indicate processing preferences, USCIS aims to minimize delays and improve the overall efficiency of the immigration process.