USCIS Updates Policy on Family-Based Green Card Petitions: Now Considers Location and Intent

The U.S. Citizenship and Immigration Services (USCIS)  is issuing guidance in the USCIS Policy Manual on family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant).  This update aims to improve the process for petitions where the beneficiary, the person seeking the green card, hasn’t clearly stated their preferred route for obtaining it.

When petitioners file Form I-130, Petition for Alien Relative, it’s crucial to accurately provide the beneficiary’s current address and their preferred path to getting a green card. There are two options: consular processing abroad or adjustment of status within the United States, if they’re already in the USA and eligible.

Giving USCIS incorrect information can delay the process. For example, if they mistakenly keep a petition for adjustment of status based on inaccurate details, petitioners will need to file Form I-824 and pay an additional fee to get it routed for consular processing instead.

Previously, if the petitioner’s information was inaccurate, they generally had to file Form I-824 with the appropriate fee to transfer the petition to the NVC. Now, if the petitioner does not clearly indicate the beneficiary’s preference for consular processing or adjustment of status, USCIS will use its discretion to decide the appropriate course of action.

USCIS will make the decision based on the beneficiary’s most recent location, using the address provided on the form. Petitions suggesting the beneficiary is currently in the US will likely be held for adjustment of status processing, while those indicating they’re abroad will be sent for consular processing.

This update is expected to reduce the need for filing Form I-824 due to fewer petitions being retained for adjustment of status processing and offer more flexibility for petitioners who don’t have a specific consular post designated for the beneficiary. This change is effective immediately and applies to petitions pending or filed on or after May 22, 2024.