New USCIS Guidance for Family-Based Immigrant Visas

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

USCIS has updated its guidelines on handling family-based immigrant visa petitions (Form I-130) and some family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, effective May 22, 2024. This update clarifies what happens if the petitioner doesn’t specify whether the beneficiary wants consular processing abroad or an adjustment of status within the US.

U.S. Citizenship and Immigration Services (USCIS) updated its instructions on approving family visa petitions, including how to fix mistakes on approval notices, what to do if someone wants to apply for a visa abroad or adjust status in the US and where to send approved petitions.

Key Points Of USCIS Family Immigrant Visas

Here are the key takeaways:

• When filing Form I-130, clearly state if the beneficiary prefers consular processing or adjustment of status.
• If unclear, USCIS will determine where to send the petition at its discretion based on the beneficiary’s address.
• The update also explains how to request corrections or updates to the petition, including beneficiary location and processing preference.

What Is A Form I-130 Petition For Alien Relative?

USCIS uses Form I–130 to establish that a valid family relationship exists between an immigrant seeking a green card and the sponsoring US citizen or green card holder. This form is officially called the “Petition for Alien Relative.” Filing form I-130 is the first step in the family-based green card process.

What Is A Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant?

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is a USCIS form used for several immigration purposes. Here’s a breakdown of the categories of people who can use this form:

• Amerasians: Individuals born in Korea, Vietnam, Laos, Cambodia or Thailand between 1950 and 1982, fathered by a U.S. citizen.
• Widow(er)s of U.S. Citizens: Surviving spouses of U.S. citizens who died before filing an immigration petition for their spouse. There are specific requirements, like being married at the time of the citizen’s death and not being remarried.
• Special Immigrants: This category includes certain immigrants, including religious workers, certain employees of the U.S. government abroad, and retired employees of international organizations.

If you’re unsure whether you qualify for a family based immigration visa, it’s best to consult with an experienced immigration attorney to help you determine the appropriate path for your situation.

Questions About Family-Based Immigration? Talk To An Immigration Lawyer

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