A petitioner submitting Form I-130 must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Based on this information, we will either keep the approved Form I-130 for adjustment of status processing or send it to the NVC for consular processing, as appropriate.
If the petitioner does not provide accurate information on Form I-130, it may take longer for the beneficiary to get an immigrant visa or adjust status. For example, if we keep an approved petition based on the petitioner’s inaccurate information, the petitioner generally must file Form I-824, Application for Action on an Approved Application or Petition, with the appropriate fee, to transfer the petition to the NVC.
If the petitioner does not clearly indicate whether the beneficiary wants consular processing or adjustment of status, we will decide at our discretion whether to send the approved Form I-130 to the NVC or keep it for adjustment of status processing. In general, if evidence of the beneficiary’s most recent location, including their address on Form I-130, the petition suggests they are inside the United States, we will keep the approved Form I-130 and process their adjustment of status. In general, if that evidence suggests they are outside the United States, we will send it to the NVC for consular processing.
Before we updated this guidance, we generally kept an approved Form I-130 if it did not clearly indicate whether the beneficiary wanted consular processing or adjustment of status. This update clarifies procedures for Form I-130 so we can process it more efficiently when it is unclear whether the beneficiary wants consular processing or adjustment of status, or if their preference changes or their form needs to be corrected.
We expect this update will reduce the number of Forms I-824 filed, because we will keep fewer petitions for adjustment of status processing. This update will also increase flexibility for petitioners who do not have a consular post to record on Form I-130.
More Information Protect yourself from immigration scams. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Visit the Avoid Scams page for information and resources.
U.S. Citizenship and Immigration Services will continue our Tech Talks sessions to provide answers to your questions about USCIS online accounts. The next sessions will be held on the following dates:
During the June 4 Tech Talk, we will discuss the new online N-400, Application for Naturalization. We will provide a comprehensive overview of the revised N-400 online form, including how the conditional logic of the online form works and the evidence requirements.
No registration is required for these events. During these sessions, USCIS subject-matter experts will address common issues and questions related to online filing and be available to respond to your questions about creating and using USCIS online accounts.
Please use Microsoft Teams to join the engagement. We recommend using Microsoft Edge, Google Chrome, or Mozilla Firefox as your web browser. You may also view the engagement from a mobile device with the Microsoft Teams application.
We encourage you to submit questions in advance using the Teams Live link for the event. To submit a question, when you are in Teams Live, click on the Q&A icon and enter your question.
To request a disability accommodation to participate in this engagement, email us at public.engagement@uscis.dhs.gov at least five business days before the engagement in which you choose to participate.
On January 31, 2024, USCIS published its final rulei on fee changes for applications, due to take effect on April 1, 2024. For quick review, see the table of fee changes at 89 Fed. Reg. 6198-6204 or on USCIS’s FAQs on the new fee rule at https://www.uscis.gov/forms/filingfees/frequently-asked-questions-on-the-uscis-fee-rule.
This high level practice alert provides a brief summary of the key changes and some quick takes for practitioners, including who may want to wait until the new rule takes effect to file in order to benefit from lower fees or other more advantageous policies, as opposed to prioritize filing before the fee rule goes into effect on April 1. We will update our website soon with more details and resources on the fee rule. The Bad News
Most fees will go up;
Unfortunately, USCIS is continuing with its plan to “un-bundle” I-765 and I-131 application fees for adjustment applicants (these individuals will be able to apply for work permits at half price, however);
USCIS will be offering $50 discounts on fees to those who file online, where available, thereby disadvantaging those applicants who do not have reliable access to the internet or the digital literacy necessary to file forms online. The Good News
Longstanding fee waiver policy will be codified and a child’s receipt of means-tested benefits can be the basis for an applicant’s fee waiver request under the receipt of means-tested benefits ground as long as the child is part of the applicant’s household (this change will only be made in the instructions for Form I-912, not in the regulations);
USCIS is expanding fee waiver exemptions (to humanitarian applicants who traditionally had to seek a fee waiver first, but ultimately most were able to file for free);
USCIS is extending eligibility for the reduced naturalization fee to those individuals with incomes between 150% and 400% of the Federal Poverty Guidelines (FPG) (currently available only to applicants at 150%-200% FPG); USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024 2 THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024
Applicants will be able to indicate their request for reduced fee on the N-400, rather than on the separate I-942 form, although anyone requesting the reduced naturalization fee must file their N-400 on paper rather than online;
USCIS is consolidating biometrics fees as part of the general application fee for most forms, so starting April 1, 2024 there will no longer be a separate $85 biometrics fee (the exceptions are TPS and EOIR filings, which will continue to have a separate biometrics fee, reduced from $85 to $30). Any application, petition, or request postmarked on or after April 1, 2024 must include payment of the fees established by this final rule and use updated forms effective April 1, 2024 (note there will be a grace period to use the older version of most forms until June 3, 2024— new forms that will not have a grace period include a few employment-based forms and orphan petition forms I-600 and I-600A). Until April 1, 2024, applicants should continue to file applications and request fee waivers under existing fees and fee waiver policy. However, it may be beneficial for some applicants to delay filing UNTIL April 1, 2024, to take advantage of some of the positive changes in the new fee rule. Who might want to prioritize filing their applications BEFORE April 1, 2024?
Family-based and employment-based adjustment applicants. Beginning April 1, 2024, adjustment applicants will have to pay separate application fees to request work permission (I-765) and travel permission (I-131), although the I-765 fee will be half price for those applying based on a pending adjustment. Presently, adjustment applicants may file I-765 and I-131 at no cost, either at the same time as their I-485 filing or afterwards, with a copy of their I-485 receipt notice. Who might want to WAIT until April 1, 2024 to file?
Humanitarian applicants, like T/U/VAWA/SIJ, because under the new fee rule these applicants will be exempt from paying the application fee on all petitions and application forms through adjustment of status whereas currently, such individuals must seek a fee waiver in order to avoid having to pay the fee.
Naturalization applicants with income between 200% and 400% of the FPG. Starting April 1, 2024 these applicants will also be eligible for the reduced (half price) naturalization fee. Currently, such applicants make too much to qualify for a fee waiver (must have income at or below 150% FPG) or reduced fee (must have income at or below 200% FPG) so they must pay the full naturalization fee.
Green card renewal applicants. On April 1, 2024, the I-90 green card renewal fee will decrease, from $540 (with biometrics) to $415 if filed online or $465 if paper filed. USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024
