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USCIS Updates Guidance on Immigration Visas for Family Migrants

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Since May 22, 2024, USCIS has updated guidance regarding the filing of petitions for immigration visas for family members (including Form I-130, petition for a visa for a foreign relative, and, in certain cases, Form I-360 for family members of certain individuals, widows/widowers, or special immigrants).

When filing Form I-130, you must provide the current address of foreign relatives and their preference for consular processing or change of status. According to the new rule, in Form I-130, you must select only one of the options in Section 4 (Question 61 or 62) to indicate whether the foreign family member plans to change status in the US or prefers consular processing abroad. Both questions do not need to be filled out, but this section cannot be left blank.

Providing this information will allow USCIS to retain an approved application for a change of status or send it to the NVC for consular processing, depending on the circumstances.

If you do not provide accurate information in the petition, this may result in delays in obtaining an immigration visa or the status adjustment process. In the absence of this information, USCIS will determine where to send the petition based on the last address of the foreign relative stated in the petition.

If Form I-130 is still under review at USCIS and you want to change the selection to consular processing or change of status, contact the USCIS contact center to request changes.

If USCIS has already approved Form I-130 and you want to change the selection to consular processing, you must submit Form I-824, Application for Action on an Approved Application or Petition, and pay the corresponding fee to transfer the petition to the NVC.