In most areas of the law, details matter… a lot. That is especially true when it comes to applying for a visa. Even seemingly minuscule errors on a visa form can lead to serious delays. This reality is one reason it pays to have a skilled Maryland family visa lawyer on your side before you file or, if you filed without counsel, to hire an attorney as soon as possible. A knowledgeable immigration attorney can help prevent avoidable and time-consuming errors in your application or, for clients who filed on their own, work to correct mistakes in the most efficient way possible.
In May, the U.S. Citizenship & Immigration Services announced important changes to its manual for processing family-based visa applications, including Form I-130 (Petition for Alien Relative).
In the Form I-130 petition process, the USCIS analyzes whether the petitioner has demonstrated “the requisite status to file a petition and establishes the existence of a qualifying relationship to the beneficiary.” Once the petitioner clears those hurdles, the agency sends them an approval notice. Among other things, the notice confirms the petitioner’s preference for either consular processing with the State Department’s National Visa Center (NVC) or “adjustment of status.”
This election helps the USCIS determine whether to send the petition to the NVC or keep it. When making this processing decision, the USCIS looks at multiple factors, including the beneficiary’s intent and location, as well as eligibility for adjustment of status. (Not all petitioners are eligible for adjustment of status and those must go to the NVC regardless of the preference indicated on the petition.
In the past, a petitioner’s failure to make the consular-processing-versus-adjustment-of-status election in a clear manner typically led to delays.
The updated guidance will help to eliminate some of these needless delays. Now, when processing an application that lacks a clear election of adjustment of status or consular processing, the agency will use its discretion based on the petitioner’s location. If the information in the petition, including the address provided, indicates the petitioner is outside the United States, the USCIS generally will route that petition to the NVC for consular processing. The agency generally will keep petitions where the petitioner is located in the U.S.
Keeping the USCIS Updated
Inaccurate information is the bane of the unwary petitioner, often slowing processing. Inaccurate location information that causes the USCIS to retain a petition when that petitioner is actually ineligible for adjustment of status can trigger significant delays.
Given the importance of ensuring the agency has accurate information, providing timely updates can be critical. In addition to the issues mentioned above, the recent changes provided new guidance on giving the USCIS updated information or fixing errors in a pending or approved I-130, such as the petitioner’s location or preference for consular processing or adjustment of status.
If you are not an immigration lawyer – and most visa petitioners are not – the laws governing the petition process may seem obtuse and incomprehensible. Striving to submit a petition while struggling to understand the rules is too often a recipe for delayed processing or worse… a denial. Instead of putting your visa at risk, call upon the knowledgeable Maryland family visa attorneys at Anthony A. Fatemi, LLC. Count on our team to provide the aid your family needs to ensure the smoothest possible entry to the United States. Contact us today at 301-519-2801 or via our online form to set up your consultation to learn more.