USCIS Updates Guidance for Family-Based Immigrant Visas

On May 22, 2024, U.S. Citizenship and Immigration Services updated guidance on family-based petitions. Specifically, how the agency will handle correcting approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.

If you are a petitioner submitting Form I-130, Petition for Alien Relative, you must inform USCIS of whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. If the petitioner does not provide accurate information on the petition, it can delay the immigrant visa or adjustment of status process.

This updated guidance provides that if the petitioner does not clearly indicate whether the beneficiary wants 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 keep the petition for adjustment of status processing, based on evidence of the beneficiary’s most recent location, including the beneficiary’s address on the petition.