Did you receive your I-130 Approval Notice that U.S. Citizenship and Immigration Services (USCIS) issued in response to the I-130 family-based immigrant petition or other immigration application? Or you did not receive the USCIS notice, regardless of USCIS records demonstrating that it was sent to you? In this case, you will need USCIS to provide you with a new copy. You can obtain a new copy of your I-130 approval notice by filing Form I-824, Application for Action on an Approved Application, or Petition.
What is the Importance of Possessing a Physical Copy of USCIS Approval Notices?
USCIS requires that all applicants submit copies of their approval notices as part of the immigration process. For instance, after USCIS grants approval on an initial Form I-130 for a family-based immigration application; if that individual is still in the U.S. and is eligible to adjust their status within the country he or she will need to attach a copy of the I-130 approval notice to the adjustment of status packet before sending it in the mail to USCIS.
Do not think that USCIS on its own can find the I-130 approval notice in its records. It will help the USCIS office if you provide the approval notice but if you lose your approval notice you can submit a Form I-824, Application for Action on an Approved Application or Petition which can help in requesting a copy of your own I-130, Approval Notice to replace the one that got lost or missing.
The Form I-824 Can Be Used in Other Circumstances
An I-824 application form can be used for the following reasons:
- Request that a different U.S. consulate receive notice of USCIS’s approval of a nonimmigrant visa petition or waiver request (for example, if you traveled to another country since the initial petition was submitted)
- Update a U.S. Embassy that you have successfully adjusted your status in the U.S. to a lawful permanent resident this then allows your family members to apply for derivative immigrant visas from abroad
- Petition with USCIS to have them send your approved I-130 petition to the Department of State’s (DOS), National Visa Center (NVC). This is quite useful if you originally intended to adjust your status in the U.S. that is, apply for a U.S. green card without leaving the country, presumably because you are legally living in the U.S. but you have changed plans and will now use the consular processing instead
Filing Your Form I-824
When filing your Form I-824, Application for Action on an Approved Application or Petition it is in your best interest to talk with your nearest immigration attorney to help you fill out the form and monitor processing.
An I-824 Application Form Cannot Be Used To Petition Replacement Cards
Once you successfully submit your Form I-824 with USCIS, you will receive a copy of an approval notice. You will not be able to request any actual replacement cards using this process. For example, if you lost your U.S. green card you must apply for a replacement card by filing and paying the fees for Form I-90.
Will I Need A Lawyer to Help Me?
Determining whether you need to file a Form I-824 is a good question for an immigration attorney to answer for you. An immigration lawyer can help you complete the form and be attentive to the status of the processing of your Form I-824. The Gambacorta Law Office is here to help and serve as best we can. Call us at 847 443 9303 and ask for help today.