Form I-824, Application For Action on an Approved Application Or Petition

A Petition for Alien Relative (Form I-130) or an Application To Register Permanent Residence or Adjust Status (Form I-458) or an Application for Naturalization (Form N-400) has been approved by the U.S. Citizenship and Immigration Services (USCIS). What is the next step?

An Application of Action on an Approved Application or Petition (Form I-824, $340,00 filing fee) is used by an applicant to request: (1) a duplicate approval notice (2) USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition; (3) USCIS to nifty a U.S. Consulate that the applicant's approved immigrant vista (form I-130) to the National Visa Center (NVC); of (5) USCIS to notify the U.S. Department of State of the applicant's U.S. citizenship status.

Information Required by Form I-824:

Index information (name, address, daytime phone number, country of birth and citizenship, date of birth, Alien Number, Social Security Number) about the applicant filing Form I-824.; information about eh original petition (Form I-130) of application (Form I-458, N-400) (type and form number, Receipt Number on Form I-797, Notice of Action, filing date, approval date, immigration status of petitioner or applicant, naturalization certificate number); information about the principal beneficiary of the original petition or application (name, date of birth, country of birth, Alien number, home address mailing address and daytime phone number) are required in filling up Form I-824.

Indeed, Form I-824 is used to request further action on an approved petition or application. So, the said information are required for processing of the request stated therein.

Purposes For Which Form I-824 Cannot Be Used:

Note, however, that Form I-824 cannot be used to verify the status of a pending petition or application. Nor will Form I-842 be processed, if the original petition or application has not been approved, or has been denied.

Nor can Form I-824 be used to request: (1) a duplicate approval notice naming a spouse or children accompanying or following-to-join the principal beneficiary on an approved immigration or (2) USCIS to cable information to the U.S. Consulate regarding the approval of your expired nonimmigrant application or petition, if the employment of the applicant for the original petitioner (in Form I-140 or Form I-129) has ended; or (4) USCIS to notify a U.S. Consulate of the approval of a Form I-600A, Application for Advance Processing of Orphan Petition, and/or a Form I-600, Petition to Classify Orphan as an Immediate Relative.

Moreover, a separate Form I-824 must be filled for each action being requested, with separate filing fee to the USCIS.

Application of Form I-824 to Factual Situations:

There are various situations when Form I-824 would be needed: (1) replacement of lost approval notice of Forms I-130, I-140, I-145 etc., to a U.S. Consulate for processing of immigrant visa to immediate relatives and/or derivatives (spouses and minor children nor considered immediate relatives under the preferences); (3) sending by the USCIS of the approved immigrant visa (Forms I-130, I-140) to the National Visa Center (NVC) for processing of the application for immigrant visa of the beneficiary and derivatives; and (4) notification by the USCIS of the applicant's U.S. citizenship status tot eh U.S. Department of State.

Specific Actions That May Be Taken on Requests:

The Requested duplicate approval notice will contain only the information listed on the original Form I-797, Notice of Action. It will not include a replacement employment card, Form I-688A, Form I-94, or any other USCIS authorization document that accompanied the original Form I-797.

As stated earlier, Form I-695 is used to apply for replacement for the employment authorization. From I-102 Application for Replacement of Nonimmigrant Arrival-Departure Document, $320.00 filing fee, is used to obtain replacement of Form I-94 (Departure Document).

Any notification to a U.S. Consul by the USCIS as request is done through cable. And notification of a U.S. Consulate of the adjustment of status of an applicant is available only on following-to-join immigrant relative visas based on a principal's (beneficiary) employment, fiancé (e), or diversity status.

In lieu of requesting the USCIS to notify the U.S. Department of State of the application's U.S. Citizenship status, the applicant or new U.S. citizen may submit a copy of the naturalization certificate to the National Visa Center at 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909.

Form I-824 may be ordered by calling toll-free number 1-800-870-3676, or calling the USCIS National Customer Service Center at 1-800-375-5283, or visiting the internet website at www.uscis.gov.

Once completed, Form I-824 and any related evidence, together with the $340.00 filing fee payable to U.S. Department of Homeland Security, should be filed with the USCIS Service Center or local office that approved the original petition or application.

Atty Roman P. Mosqueda is a graduate from Michigan Law School with both a Doctorate of Law and LLM. The Law Offices of Roman P. Mosqueda are a full service law firm that handles all types of cases such as divorce, immigration, bankruptcy, personal injury, and more. Call (213) 252 - 9481 for a free consultation today!

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