Family & childrenPOLICY UPDATE
Family-Based Immigrants
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to explain requirements associated with the screening, vetting, and adjudication of family-based immigrant visa petitions to include eligibility criteria, filing, interviews, and decisions.
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to explain requirements associated with the screening, vetting, and adjudication of family-based immigrant visa petitions to include eligibility criteria, filing, interviews, and decisions.
- I ncorporates 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, as well as temporary authorizations for large- scale disruptive events.
- 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.
