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Updated USCIS Guidance for Family-Based Immigrant Visas

Updated Guidance for Family-Based Immigrant Visas

U.S. Citizenship and Immigration Services (USCIS) has just updated guidance for family-based immigrant visas, effective May 22, 2024. The USCIS Policy Manual has been updated regarding family-based immigrant visa petitions (Forms I-130 and I-360). The update clarifies how USCIS handles situations where the beneficiary’s preferred method for obtaining a visa (consular processing or adjustment of status) is unclear, has changed, or needs correction.

Key Points of Updated USCIS Guidance for Family-Based Immigrant Visas

USCIS explained that the update clarifies procedures for family-based immigration petitions “to promote more efficient processing where the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed or a correction is needed.”

  • Petitioners must now clearly indicate the beneficiary’s preferred method (consular processing or adjustment of status) on Form I-130.
  • If unclear, USCIS will use discretion based on the beneficiary’s address to determine how to proceed.
  • The update explains how to correct errors or update preferences regarding consular processing vs. adjustment of status.
  • The update also provides general guidance on USCIS’s decision-making process for approving or denying family-based immigrant visa petitions.

Do You Need Assistance With Family-Based Immigration?

If you need help navigating the immigration journey or understanding the USCIS updates and ensuring your family based petition is accurately completed, contact an experienced family immigration attorney to provide guidance tailored to your specific situation, help you avoid common pitfalls and ensure your petition is processed smoothly.

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