The U.S. Citizenship and Immigration Services (USCIS) announced on May 22nd that they will be updating guidelines for family immigration visa applications in their USCIS Policy Manual, specifically relating to the I-130 form and the I-360 form under limited circumstances. These updates will explain how the immigration agency will handle correcting errors in “approval notices,” allowing beneficiaries to proceed with consular processing (applying for visas outside the U.S.) or adjusting status within the U.S., as well as outlining the transfer process for already approved applications.
When submitting the I-130 form, applicants are required to inform the USCIS of the current address of the beneficiary, as well as whether the beneficiary wishes to undergo consular processing at the National Visa Center (NVC) in the U.S. Embassy or consulate abroad, or if they prefer to adjust status within the United States.
Providing this information enables the USCIS to determine post I-130 approval whether to retain the case with the USCIS or transfer it to the NVC for consular processing. Failure to provide accurate information in the application may lead to delays in the immigration visa or status adjustment process. For instance, if the USCIS keeps the case in its files due to inaccurate information provided, the applicant must submit an I-824 form and pay the corresponding fees to transfer the application to the NVC.
The USCIS stated that prior to this update, cases where the I-130 form had been approved but did not clearly indicate whether the beneficiary wanted to adjust status within the U.S. or undergo consular processing at a U.S. Embassy or consulate abroad were generally retained with the USCIS. After the update to the USCIS Policy Manual, for cases with unclear choices, the USCIS will decide based on evidence of the beneficiary’s most recent location (including the address provided on the application form) whether to transfer the approved application to the NVC for consular processing or retain the application with the USCIS for status adjustment within the U.S.
The updated guidelines also explain how to contact the USCIS to correct errors or update pending or approved I-130 forms, including submitting updates on the beneficiary’s location and specifying if they require consular processing or adjustment of status within the U.S.
Immigration lawyer Liu Ruhua, in an interview, noted that filing the I-130 form is the first step in family immigration applications. For relatives who are still in China and facing long wait times, it is recommended to choose “consular processing overseas” on the form. For those already in the U.S. waiting, the option to select is the beneficiary being in the U.S. However, some applicants overlook or do not understand this option when filling out the form, leading to ambiguous situations where the USCIS frequently encounters cases where it is unclear whether the beneficiary is outside the U.S. or within the U.S., resulting in the case being stuck in the USCIS files. To initiate the transfer of the case to the NVC, the applicant would then need to separately fill out the I-824 form, pay a fee of approximately $600, and wait an additional one and a half to two years, increasing the workload for both the USCIS and the individuals involved. Therefore, the USCIS is now seeking to clarify procedures.
Furthermore, regarding incomplete information on the I-130 form, there is a new policy update: immigration officers have the authority to determine whether the beneficiary should apply for a green card in the U.S. or go through overseas immigration based on the information they possess. This way, the USCIS can decide whether to keep the case in their files or transfer it to the NVC for processing.
Liu Ruhua emphasized, “For example, if siblings or adult children face years of waiting, and the beneficiary moves to the U.S. during the waiting period or holds a legal status such as a student or work visa, even if the initial selection was for overseas immigration (consular processing), they can request the USCIS to change to adjusting status within the U.S. without needing to reapply, making it convenient for these applicants.”
Liu Ruhua added, “Moreover, the USCIS will provide a contact method in the form. If you need adjustments or changes, you can inform the USCIS, and based on your adjustments, the USCIS can automatically adjust your original selection—such as changing from overseas consular processing to retaining files with the USCIS and adjusting status within the U.S.”
Lastly, the USCIS stated that the updated Policy Manual also offers general guidance on how the agency decides to approve or deny family immigration applications, including relevant notifications.