Effective May 22, 2024, USCIS has revamped the guidelines in its Policy Manual for family-based immigrant visa petitions, including the Form I-130, Petition for Alien Relative, and in specific cases, the Form I-360, Amerasian, Widow(er) or Special Immigrant Petition. These updates cover the correction of errors in approval notices, requests for consular processing or adjustment of status for the beneficiary, and routing procedures for approved petitions.

The petitioner completing the Form I-130 must inform USCIS of the beneficiary's current address and whether the beneficiary prefers consular processing with the Department of State's National Visa Center (NVC) or adjustment of status in the United States, if eligible. Providing this information allows a decision to be made whether to hold the approved petition for adjustment of status or to send it to the NVC for consular processing. If the information is not accurate, the immigrant visa or adjustment of status process could experience delays. For example, if the petition is held due to incorrect data, it will generally be necessary to file a Form I-824, Request for Action on an Approved Application or Petition, along with the appropriate fee, to transfer the petition to the NVC.

Prior to this update, approved petitions that did not clearly specify whether the beneficiary preferred adjustment of status or consular processing were held. This update clarifies procedures for family-based visa petitions, promoting more efficient processing when the beneficiary's preference is unclear, has changed, or needs to be corrected.

The new guidelines state that, if the beneficiary's preference between consular processing or adjustment of status is not clearly indicated, USCIS will use its discretion to decide whether to send the approved petition to the NVC or maintain processing for adjustment of status based on the beneficiary's most recent location, including the address indicated on the petition.

In addition, the updated guidelines explain how to contact USCIS to correct errors or update a pending or approved Form I-130. This includes updating the beneficiary's address and specifying whether consular processing or adjustment of status is desired.

Finally, these guidelines provide general guidance on how USCIS decides to approve or deny a family-based immigrant petition, including the relevant notifications.

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