Murthy Snapshot: USCIS Updates Guidance for Family-Based Immigrant Petitions

On May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual on the processing and adjudication of form I-130, petition for alien relative, which is filed in family-based immigration cases. Here are the key points you need to know:

• An I-130 petition should clearly indicate whether the beneficiary intends to immigrate through adjustment of status in the United States or through consular processing abroad, both of which are explained in the MurthyDotCom NewsBrief, Revisiting the Debate: Adjustment of Status vs. Consular Processing (09.Nov.2023). If the beneficiary’s intention is unclear, this may cause processing delays, and the USCIS has discretion to determine whether to keep the petition for adjustment of status or send the petition to the U.S. Department of State (DOS) for consular processing.
• If an I-130 approval notice contains an error or is missing information, the petitioner may request a corrected notice from the USCIS. The best way to prevent errors and delays is to complete the I-130 petition properly and take any necessary corrective action as soon as possible.
• If an I-130 petition meets all the requirements, the USCIS generally does not have the discretion to deny the petition. The beneficiary’s history and character generally are not considered in the adjudication of an I-130 petition.
• An I-130 petition merits approval if it is established that the petitioner is a U.S. citizen, U.S. national, or lawful permanent resident, as applicable to the particular family-based category, and that a qualifying relationship exists between the petitioner and the beneficiary.

Your Takeaway:

An I-130 petition serves as the basis for an individual’s family-based immigration process. Therefore, it is critical that the petition is properly completed to ensure a smooth path towards lawful permanent residency for one’s relative. The Murthy Law Firm has assisted countless clients successfully petition for family members and is available to assist in this process or any other immigration needs.

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