Form I-824 – Application for Action on an Approved Application or Petition for the United States

1. What is Form I-824 used for?

Form I-824, Application for Action on an Approved Application or Petition, is used to request action on an approved petition or application by a noncitizen who is already inside the United States. Some of the common reasons for filing Form I-824 include obtaining a duplicate approval notice, transferring an approved petition to a new employer, or notifying the U.S. Citizenship and Immigration Services (USCIS) of a change in address. It is essential to file Form I-824 to ensure that the approved immigration petition or application is properly processed and any necessary actions are taken by the USCIS.

2. Who is eligible to file Form I-824?

1. Individuals who have an approved Form I-130, Petition for Alien Relative, with a USCIS Service Center can file Form I-824, Application for Action on an Approved Application or Petition. This form is typically used by beneficiaries of approved immigrant petitions who are seeking to have the approval notice sent to a new address or to generate a duplicate approval notice. Additionally, derivative beneficiaries of approved Form I-485, Application to Register Permanent Residence or Adjust Status, petitions may also be eligible to file Form I-824 in certain circumstances.

2. Another category of individuals who may file Form I-824 are those with approved Form I-140, Immigrant Petition for Alien Worker, petitions. If the primary beneficiary of an approved Form I-140 is seeking to obtain a duplicate approval notice or to have the notice sent to a different address, they can submit Form I-824 for this purpose. The form essentially serves as a request for USCIS to take action on an already approved application or petition.

In conclusion, individuals who have an approved immigrant petition, such as Form I-130 or Form I-140, and need to request action on that approval, such as generating a duplicate approval notice or having the notice sent to a different address, are eligible to file Form I-824.

3. What is the filing fee for Form I-824?

The filing fee for Form I-824, Application for Action on an Approved Application or Petition, is $465. This fee includes both the processing fee and the biometric services fee. Applicants must submit the payment along with the completed form to the U.S. Citizenship and Immigration Services (USCIS). It is essential to provide the correct fee to avoid delays or rejection of the application. In certain circumstances, fee waivers may be available for applicants who demonstrate financial hardship. Additionally, applicants should check the most recent version of Form I-824 and USCIS website for any updates on filing fees before submitting their application.

4. Where should Form I-824 be filed?

Form I-824 should be filed at the USCIS Dallas Lockbox facility if you are applying from within the United States. If you are applying from abroad, you should file the form with the U.S. consulate or embassy having jurisdiction over your place of residence. It is important to follow the instructions provided on the USCIS website or the specific consulate/embassy website to ensure that your application is submitted to the correct location. Sending your Form I-824 to the wrong location could result in delays or possible rejection of your application. It is recommended to double-check the filing address at the time of submission to avoid any complications in the processing of your application.

5. What supporting documents are required to be submitted with Form I-824?

When submitting Form I-824, certain supporting documents are typically required to be included in order to process the application effectively. These documents may vary depending on the specific situation, but some common examples of supporting documents that are often requested include:

1. Copy of the original approved application or petition that the I-824 is referencing.
2. Evidence of the relationship between the applicant and the beneficiary, if applicable.
3. Payment of the required filing fee or a fee waiver request, if relevant.
4. Proof of identity for the applicant, such as a copy of a government-issued identification document.
5. Any additional documentation that may be necessary to prove the eligibility for the requested action or benefit.

It is important to carefully review the instructions provided with Form I-824 and consult with an immigration attorney if needed to ensure that all the required supporting documents are included for a successful application process.

6. How long does it take to process Form I-824?

The processing time for Form I-824 – Application for Action on an Approved Application or Petition for the United States can vary depending on various factors. On average, it takes approximately 4-6 months to process Form I-824. However, this timeline is not guaranteed and can be impacted by different elements such as the current caseload of the USCIS, any missing information or documentation in the application, and the complexity of the case. In some instances, the processing time for Form I-824 can be shorter or longer than the average timeframe. It is important for applicants to regularly check the USCIS website for updates on processing times and to ensure that all necessary documents are submitted correctly to avoid delays in the processing of their application.

7. Can Form I-824 be expedited?

Yes, Form I-824 can be expedited under certain circumstances. Here are a few key points to consider regarding expediting a Form I-824 application:
1. Expedite Criteria: USCIS may consider expediting an I-824 application if there are compelling reasons such as humanitarian grounds, severe financial loss, emergencies, or other urgent situations.
2. Evidence: It is important to provide proper documentation to support the request for expedition. This may include medical reports, letters explaining the urgency, or any other relevant evidence.
3. Request Process: To request an expedited processing of Form I-824, you must contact USCIS directly either through a customer service line or by submitting a written request along with your application.
4. USCIS Discretion: USCIS has the discretion to approve or deny requests for expedited processing based on the information provided and the specific circumstances of the case.
5. Processing Time: While expedited processing can significantly shorten the processing time, it is not guaranteed, and USCIS will make the final decision based on the merits of the request.
6. Fee: There may be an additional fee associated with requesting expedited processing of Form I-824.
Overall, while it is possible to expedite a Form I-824 application, it is crucial to follow the proper procedures and provide sufficient evidence to support the request for expedition.

8. Can Form I-824 be filed online?

Yes, Form I-824 can be filed online through the official website of the U.S. Citizenship and Immigration Services (USCIS). Filing online offers several advantages, including faster processing times compared to mailing in a paper application. Additionally, online filing allows applicants to track the status of their application and receive electronic notifications about updates or requests for additional information. By submitting Form I-824 online, applicants can save time and ensure their request for action on an approved application or petition is processed efficiently.

9. Can Form I-824 be filed for any approved application or petition?

Yes, Form I-824 can be filed for any approved application or petition with U.S. Citizenship and Immigration Services (USCIS). This form allows individuals to request action on an approved application or petition that has already been filed with USCIS. Some common scenarios where Form I-824 may be utilized include:

1. Requesting for the approval notice to be sent to a new address.
2. Requesting a duplicate approval notice.
3. Consular processing of an approved immigrant visa petition.
4. Notifying USCIS of a change in circumstances related to the approved application or petition.

It is important to carefully read the instructions and requirements for Form I-824 specific to the approved application or petition in question to ensure the correct information is provided to USCIS.

10. What is the difference between Form I-824 and Form I-130?

Form I-824, Application for Action on an Approved Application or Petition, and Form I-130, Petition for Alien Relative, are two distinct forms used in the United States immigration system. Here are the key differences between the two forms:

1. Purpose:
– Form I-824: This form is used to request further action on an already approved visa petition or application. It is typically filed to request the transfer of an approved petition to another U.S. Consulate or Embassy, or to notify the U.S. Citizenship and Immigration Services (USCIS) of a change in address.

– Form I-130: On the other hand, Form I-130 is used to establish a familial relationship for the purpose of helping a relative immigrate to the United States. This form is specifically used by U.S. citizens or lawful permanent residents to petition for certain family members to receive green cards.

2. Applicant Eligibility:
– Form I-824: The applicant filing Form I-824 must be the beneficiary of the approved petition or application or someone acting on their behalf.

– Form I-130: The petitioner filing Form I-130 must be a U.S. citizen or lawful permanent resident who is petitioning for their eligible family member. The beneficiary of Form I-130 is typically the family member seeking to immigrate to the U.S.

3. Processing Time:
– Form I-824: The processing time for Form I-824 can vary depending on the circumstances of the case and the workload of the USCIS. Generally, processing times are available on the USCIS website.

– Form I-130: The processing time for Form I-130 can also vary based on the relationship between the petitioner and beneficiary, the USCIS workload, and other factors. The USCIS provides estimated processing times for Form I-130 on their website.

In summary, while both Form I-824 and Form I-130 are related to immigration matters, they serve different purposes and are used in distinct scenarios within the U.S. immigration system.

11. Can Form I-824 be filed if the original petitioner has passed away?

Yes, Form I-824 can be filed even if the original petitioner has passed away. When the original petitioner has died, the beneficiary of the approved application or petition can still pursue the benefits by submitting the Form I-824 to request action on the approved application or petition. In this situation, it is essential to provide documentation of the petitioner’s death along with the Form I-824 application. The documentation could include a death certificate of the original petitioner and any other relevant evidence to support the request for action on the approved application or petition. Additionally, the beneficiary may need to demonstrate their continued eligibility for the benefits sought in the original application or petition. It is recommended to consult with an immigration attorney or seek guidance from the appropriate immigration authorities to ensure the proper submission of Form I-824 in such circumstances.

12. Can a Form I-824 be denied?

Yes, a Form I-824 can be denied under certain circumstances.

1. Incomplete or Incorrect Information: If the information provided on the Form I-824 is incomplete or incorrect, it may lead to a denial of the application. It is important to ensure that all required fields are properly filled out and all necessary supporting documentation is included.

2. Failure to Meet Eligibility Requirements: The applicant must meet certain eligibility requirements in order to be granted action on an approved application or petition through Form I-824. If the applicant fails to meet these requirements, the application may be denied.

3. Lack of Supporting Documentation: Failure to provide the necessary supporting documentation to prove the approval of the initial application or petition could result in a denial of the Form I-824.

4. Change in Circumstances: If there has been a change in the applicant’s circumstances since the initial application or petition was approved, this may also lead to a denial of the Form I-824.

It is important to carefully review the instructions for Form I-824 and ensure that all requirements are met to increase the likelihood of approval.

13. Can Form I-824 be filed if the applicant is currently outside the United States?

Yes, Form I-824 can be filed even if the applicant is currently outside the United States. The purpose of Form I-824 is to request further action on an approved application or petition, such as requesting the USCIS to notify a consulate or port of entry about an approved petition so that the beneficiary can apply for a visa or admission into the U.S. from abroad. The ability to file Form I-824 from outside the U.S. allows beneficiaries to pursue their approved immigration benefits without needing to be physically present in the country during the process. It is important to note that filing Form I-824 does not grant the beneficiary any immigration status or rights, but rather facilitates the beneficiary’s ability to receive the approved immigration benefits while outside the U.S.

14. Can Form I-824 be filed for a pending application or petition?

Form I-824 can only be filed for an approved application or petition. If your application or petition is still pending with the U.S. Citizenship and Immigration Services (USCIS), you cannot file Form I-824. This form is specifically designed for individuals who have an approved application or petition and need to request further action on that approval, such as obtaining a duplicate approval notice or changing the mailing address for the approved petition. If you have a pending application or petition, you will need to wait for a decision from USCIS before considering filing Form I-824.

15. Can Form I-824 be used to request a duplicate approval notice?

Yes, Form I-824 can be used to request a duplicate approval notice for an approved application or petition. When submitting Form I-824, the applicant must indicate that they are requesting a duplicate approval notice and provide all necessary information to facilitate the issuance of the duplicate notice. It is essential to accurately complete the form and include any required supporting documentation to ensure a smooth processing of the request for a duplicate approval notice. Additionally, it is advisable to keep a copy of the original approval notice for reference when filling out Form I-824.

16. Can Form I-824 be filed if the original approval notice was lost or damaged?

Yes, Form I-824 can be filed if the original approval notice was lost or damaged. When the approval notice for an application or petition is lost or damaged, the applicant or petitioner can submit Form I-824 to request a duplicate approval notice. This form allows individuals to receive a duplicate copy of the original approval notice for an approved application or petition. It is crucial to provide all necessary details and documentation when filing Form I-824 to ensure a prompt and accurate response from the United States Citizenship and Immigration Services (USCIS). Additionally, it is important to note that filing Form I-824 does not change the status of the original application or petition but only requests a duplicate approval notice.

17. Can Form I-824 be filed for a nonimmigrant visa application?

1. No, Form I-824 cannot be filed for a nonimmigrant visa application. Form I-824 is specifically meant to request action on an approved application or petition in cases where the beneficiary did not receive their original approval notice or if the approval notice was lost, stolen, or destroyed. This form is typically used to request a duplicate approval notice or for the approval information to be sent to a different address. It is not used to apply for a visa or change immigration status.

2. Nonimmigrant visas, on the other hand, are generally applied for using different forms such as the DS-160 for online nonimmigrant visa applications or the DS-156 for nonimmigrant visa applications made at a US embassy or consulate. These forms are used to apply for temporary visas for purposes such as tourism, business, study, or work in the United States. Form I-824 is not part of the process for obtaining a nonimmigrant visa.

18. Can Form I-824 be used to transfer an approved petition to a new employer?

Yes, Form I-824 can be used to request the transfer of an approved petition to a new employer. When an individual has an approved Form I-129 or Form I-140 petition with one employer but wishes to continue their employment with a different employer, they can use Form I-824 to request the transfer of the approval notice to the new employer. By doing so, the new employer can continue the petition process where the previous employer left off, allowing for a seamless transition in employment authorization. It is important to follow the specific instructions provided on Form I-824 and include all required documentation to ensure a successful transfer of the approved petition.

19. Can Form I-824 be filed for derivative beneficiaries of an approved petition?

Yes, Form I-824 can be filed for derivative beneficiaries of an approved petition. Derivative beneficiaries are individuals who derive their immigration status through a principal applicant, typically a spouse or child of the main beneficiary of the approved petition. Here’s how the process works for derivative beneficiaries filing Form I-824:

1. The principal beneficiary of the approved petition should first file Form I-824 to request action on the approved petition.
2. Once the principal beneficiary’s Form I-824 is approved and processed, derivative beneficiaries can then file their own Form I-824 to request follow-to-join benefits.
3. Derivative beneficiaries will need to provide all necessary supporting documentation and information to establish their relationship to the principal beneficiary and demonstrate eligibility for derivative status.
4. It’s important for derivative beneficiaries to coordinate closely with the principal beneficiary during the application process to ensure all paperwork is filed accurately and in a timely manner.

Overall, Form I-824 can be a crucial tool for derivative beneficiaries seeking to join the principal beneficiary in the United States based on an approved petition.

20. Can Form I-824 be filed for a petition that has been revoked?

Form I-824 cannot be filed for a petition that has been revoked. Once a petition has been revoked by USCIS, it is no longer considered valid or active, and therefore cannot be the basis for submitting a Form I-824. In such cases, individuals may need to explore alternative options or remedies depending on their specific circumstances. It is important to seek guidance from a qualified immigration attorney or legal expert to determine the best course of action in situations where a petition has been revoked.