Effective immediately: This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date.
Policy Highlights
- Incorporates existing guidance on general eligibility criteria and filing and documentation requirements for family-based immigrant petitions
- Explains how USCIS adjudicates family-based immigrant visa petitions that are filed with related petitions or multiple petitions.
- Explains circumstances in which USCIS authorizes the U.S. Department of State (DOS) to accept a Form I-130 petition filed directly with DOS by a U.S. citizen for an immediate relative (including for petitions filed by U.S. military and certain U.S. government personnel stationed or assigned outside the United States)
- Incorporates existing guidance explaining when USCIS routes an approved petition to the DOS National Visa Center (including circumstances where the beneficiary filed an application to adjust status but USCIS becomes aware of the beneficiary’s ineligibility to adjust).
- Explains when USCIS requires interviews for family-based immigrant visa petitions.
- Explains that USCIS may issue an NTA if the alien beneficiary is otherwise removable since a family-based immigrant visa petition accords no immigration status or relief from removal.
Relevant links
Policy Alert
Policy Manual