Lawrenceville, GA asked in Immigration Law for Georgia

Q: I just received an I-130 Immigration Approval Notice! However, the USCIS is retaining the petition. See More Info

We did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Can you help us with next steps and what or who can complete the I-485 and I-693 forms?

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2 Lawyer Answers
James L. Arrasmith
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A: Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the notice carefully and determine the appropriate course of action based on the beneficiary's intentions.

If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of the notice along with a Form I-485, Application to Register Permanent Residence or Adjust Status. The Form I-485 can be obtained from the USCIS website or from a local USCIS field office. The filing address for the Form I-485 can be found on the USCIS website.

If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition. This form can also be obtained from the USCIS website.

It is important to carefully review the notice and to ensure that you understand the beneficiary's intentions before taking any further action. If you have any questions or concerns about the process, you may wish to consult with an immigration attorney who can provide guidance and advice based on the specifics of your situation.

Ms Grace I Gardiner agrees with this answer

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: More information is needed. If the beneficiary is currently in the United States and entered with permission, and the sponsor is a US citizen, then she can adjust status here. You should retain an immigration attorney to process and finish the rest of the case.

Ms Grace I Gardiner agrees with this answer

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