The I-130 petition, a crucial step in family-based immigration, can often feel like navigating a complex maze. One common frustration arises when, after the elation of receiving an approval notice, you discover that USCIS has sent your I-130 to the National Visa Center (NVC) when you intended to adjust status in the U.S. Conversely, if you planned to consular process abroad (perhaps due to the need for an I-601A waiver), you may find USCIS has incorrectly retained your I-130 because they saw your address was in the US so they assumed you’d be adjusting status.

These errors often stem from confusing wording and inadequate instructions on the form itself, leading to petitioners providing unclear or conflicting responses. When USCIS incorrectly retains an I-130 meant for consular processing, the petitioner is forced to file Form I-824, Application for Action on an Approved Application or Petition, to redirect the petition to the NVC. This adds a significant financial burden ($590 filing fee) and a processing delay of 6 to 17 months – a considerable setback, both in USD and precious time, especially for those consular process because they have to file an I-601A waiver, which currently has a 3-4 year processing time.

In May of 2024 USCIS made changes to the post-approval I-130 touting procedures in an attempt to reduce the number of I-824’s that need to be filed due to approved I-130’s being sent to the wrong location. Now, USCIS no longer retains Form I-130 petitions based solely on blank or conflicting responses to the designated questions. Instead, if the petitioner does not provide a clear response, USCIS considers additional information, such as the beneficiary’s location, to determine where to route the approved petition. The CIS Ombudsman Office put out a statement about this change stating that it reflects the practices that have already been in place since 2022, making it not much of a change at all.

How USCIS Determines Where to Send Form I-130 After Approval?

USCIS primarily uses two questions in Part 4 of Form I-130 to determine where to send an approved Form I-130. As shown below, question 61 asks the petitioner to specify a city and state if their relative (the beneficiary) plans to apply for adjustment of status. Question 62 asks the petitioner to specify a city, province, and country of the U.S. embassy or consulate where the beneficiary intends to apply for an immigrant visa abroad.

• Question 61: Asks for the city and state where your relative (the beneficiary) will apply for adjustment of status, if they plan to do so in the U.S.
• Question 62: Asks for the city, province, and country of the U.S. embassy or consulate where the beneficiary will apply for an immigrant visa abroad.

Ideally, answering only Question 61 signals a U.S.-based adjustment of status, leading USCIS to retain the petition. Answering only Question 62 indicates consular processing abroad, prompting USCIS to forward the petition to the NVC. However, confusion arises when:

• Both questions are answered: This creates conflicting information, leaving USCIS to interpret the petitioner’s intent.
• Both questions are left blank: This provides no clear guidance, again forcing USCIS to make assumptions.

Since petitioners often complete these questions incorrectly, USCIS has provided guidance to its officers to help select the appropriate destination. Before March 2022, USCIS officers considered factors such as the beneficiary’s location to make this decision.

In March 2022, USCIS changed its approach. Approved petitions with both questions answered or left blank were retained by USCIS. USCIS no longer exercised discretion or considered evidence such as the beneficiary’s physical location to determine the appropriate destination. If USCIS retained the approved petition, but the beneficiary intended to consular process, the petitioner needed to submit Form I-824 to request USCIS transfer the approved petition to the NVC. At the time of implementing this requirement, USCIS applied these procedures to all pending Form I-130 petitions.6 As discussed in further detail below, this change led to more challenges, prompting USCIS to modify its routing procedures once again.

The CIS Ombudsman Office “While as of May 2024, USCIS has reverted to its previous routing procedures, its discontinued March 2022 processing change caused delays in family reunification and increased workloads.9 Evaluating its impact on both USCIS and its customers highlights the challenges and inefficiencies of using policy guidance to address unclear form questions and relying on antiquated applications for administrative processing steps.”

The significant increase in Form I-824 filings while this processing change was in effect reveals the tremendous impact that it had. Before
the processing change, USCIS typically received approximately 3,000 Forms I-824 every 3 months (every quarter). In calendar year 2023, USCIS received approximately 10,500 Form I-824’s every quarter. That is a 250% increase and 80 percent of all Form I-824’s filed in 2023 requested USCIS transfer an approved I-130 petition to the NVC.