USCIS Updates Guidance for Family-Based Petitions

As of May 22, 2024, USCIS has updated its policy manual regarding certain aspects of Form I-130 and Form I-360, including how the agency corrects approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.

Previously, when petitions did not clearly state a preference, USCIS retained the forms. This would create unnecessary delays when beneficiaries needed to consular process, as the petitioner would need to file Form I-824 to transfer the petition to the National Visa Center, causing an additional expense and delays in receiving lawful permanent residence. Now, USCIS will use its discretion to do what is appropriate if the beneficiary’s choice is not clearly indicated on the forms. Officers can consider the evidence included in the application and the beneficiary’s current address in making this determination. This policy will protect some families from experiencing expensive and prolonged delays due to clerical errors on their forms, and is a welcomed development.