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Form I-824 Explained: When and Why You Need It

Posted by Tony on Fri 16th Aug, 2024 - tori.ng

There are several uses for Form I-824, all of which include requests for additional action on an immigration application or petition that has been granted.

The immigration laws in the United States are complicated, and after a petition has been granted, there may be more steps needed in some circumstances. An essential tool in these situations is Form I-824, the Application for Action on an Approved Application or Petition. To successfully navigate the immigration process, it is crucial to know when and why to file this form, which enables people to request specific steps on petitions that have been approved.

What is Form I-824 Used For?

There are several uses for Form I-824, all of which include requests for additional action on an immigration application or petition that has been granted. Among the principal applications are:

  1. Requesting a Duplicate Approval Notice: You can ask the U.S. Citizenship and Immigration Services (USCIS) for a duplicate approval notice using Form I-824 if you misplace, destroy, or need an extra copy of your original approval notice (Form I-797).
  2. Consular Processing: You may choose to pursue consular processing for a family member who is abroad after your Form I-130 (Petition for Alien Relative) petition has been approved. Using Form I-824, you can request that USCIS forward your authorized petition to either the National Visa Center (NVC) or a U.S. consulate located in the target country.
  3. Correcting Errors: Form I-824 can be filed to request corrections from USCIS if the approval notification or supporting documents contain errors, such as erroneous personal information.
  4. Follow-to-Join Benefits: Those who have already received a Green Card through employment- or family-based immigration may "follow to join" their primary beneficiary in the United States by using Form I-824 to expedite the immigration of qualifying family members who were not included in the initial application.

These varied uses make Form I-824 a versatile tool for addressing post-approval immigration needs.

Who Needs to File Form I-824?

If an individual or entity needs USCIS to proceed with an application that has already been granted, they must file Form I-824. Typical filers consist of:

  • Primary Petitioners: To start consular processing or request a duplicate approval notice, the original petitioners—such as a citizen or permanent resident of the United States who completed Form I-130—may need to file Form I-824.
  • Beneficiaries: If the petition's beneficiaries—such as family members or employees—ask USCIS to send it for consular processing, they may need to file Form I-824.
  • Legal Representatives: In order to make further requests or adjustments, attorneys or employers who initially submitted the petition on behalf of another party may additionally need to submit Form I-824.

Understanding whether you need to file this form is crucial for ensuring that your immigration process continues without unnecessary delays.

Form I-824 Filing Fee

Currently, $465 is the filing fee for Form I-824. If your request is rejected, you will not receive your money back because this cost is non-refundable. As fees are subject to change, it's crucial to verify the current amount on the USCIS website before filing.

In certain circumstances, credit cards are also accepted as forms of payment in addition to checks and money orders. Make sure you always send the right amount to minimize processing delays.

Form I-824 Processing Time

Although it might vary based on a number of factors, the processing period for Form I-824 typically takes between six and twelve months. The following are some important variables that influence processing time:

  • Service Center Workload: The workloads handled by the various USCIS service centers vary, and processing times may be longer for those with greater case volumes. I-824 form.
  • Complexity of the Request: Requests that are straightforward, like getting a duplicate approval notification, may be handled faster than those that are more complicated, such starting the consular procedure for several family members.
  • Requests for Evidence (RFEs): USCIS will issue an RFE, which may lengthen the processing period, if they need more information or proof to handle your request.

You can check the processing times for the particular service center handling your case as well as the case status tool on the USCIS website to keep track of the progress of your application.

In order to guarantee that immigration applications that have been accepted proceed forward even after the original approval, Form I-824 is essential. It's crucial to know when and how to utilize Form I-824 to minimize delays and issues, whether you need to start consular processing, make revisions to your documents, or obtain a duplicate approval notification.

You may expedite the procedure and reduce any potential problems by adhering to the proper fees and processing times and making sure that all pertinent information is included in your application. Visit the USCIS website for additional information about Form I-824 and related applications. This website offers up-to-date, thorough information that is essential for anyone navigating the immigration system in the United States.



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