US New Rules: The United States Citizenship and Immigration Services (USCIS) has issued updated guidance regarding family-based immigrant visa petitions, focusing on Form I-130 and, in specific cases, family-based Form I-360.
This update simplifies and gives more clarity to the procedures for correcting approval notice errors, handling requests for consular processing or adjustment of status, and also tracking approved petitions.
US New Rules….
For petitioners submitting Form I-130, it is crucial to provide USCIS with the beneficiary’s current address and specify their preference for either consular processing through the Department of State’s National Visa Centre (NVC) or adjustment of status within the United States, if eligible.
USCIS typically retained petitions when the beneficiary’s preference for adjustment of status or consular processing was unclear on the approval notice earlier.
The updated guidance seeks to streamline processing by providing clarity on procedures for cases where the beneficiary’s preference is ambiguous, has changed, or requires correction.
Under the revised guidelines, if the beneficiary’s preference is not explicitly stated, USCIS will use discretion based on evidence of the beneficiary’s most recent location, including the address provided on the petition, to determine whether to forward the approved petition to the NVC for consular processing or retain it for adjustment of status.
This updated guidance aims to enhance efficiency in handling family-based immigrant visa petitions, ensuring that petitions are processed promptly and accurately in accordance with the beneficiary’s preferences and circumstances.
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