USCIS Updates Policy Manual on Family-Based Immigrant Visa Approvals

The United States Citizenship and Immigration Services (“USCIS”) has issued an updated policy guidance on Form I-130 Petition for Alien Relative (“Petition”) explaining how the agency handles family-based immigrant visa petition approvals regarding correcting approval notice errors, requests for consular processing or adjustment of status, and routing procedures for approved petitions.

Specifically, the policy highlights, which will be updated in the USCIS Policy Manual address the following:

• Provides that in a filed Petition, where the petitioner does not clearly indicate the intent of the beneficiary to consular process or adjust status, USCIS will use its discretion to decide whether the petition to the NVC or retain the Petition for adjustment of status processing based on the beneficiary’s most recent location, including the beneficiary’s address on the petition.

• Provides information about how a petitioner may notify USCIS to correct an error or provide an update on a pending or approved Petition, including an update related to the beneficiary’s location and intent to adjust status or consular process.

• Provides general guidance on how USCIS determines whether to approve or deny a Petition.