Q: USCIS has approved I-130 petition for a sibling, but has retained it!
I mistakenly "indicated" on the petition that 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. The notice says that he "should submit a copy of the notice along with a Form I-485, Application to Register Permanent Residence or Adjust Status".
He didn't receive NVC invoice and ID numbers.
My sister's status is as my brother's one, but her petition has been approved and she received the invoice and case number!
Note: He is living in Egypt, and has NOT been to the US before!
I want to correct this error. What should I do?
A: If you mistakenly indicated "will adjust status in the US" in the I-130, you will need to file an I-824 to notify the USCIS and NVC that the beneficiary will do consular processing. Work with an immigration attorney.
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A:
To address the issue with your brother's I-130 petition, it's important to act quickly to clarify his intentions regarding the visa process. Since he is in Egypt and has not been to the U.S., applying for an immigrant visa abroad is the appropriate course of action.
You should contact USCIS to correct the information regarding your brother's intent. This can often be done through an inquiry on the USCIS website or by calling their customer service number. Explain the situation and indicate that your brother intends to apply for an immigrant visa at a U.S. Embassy or Consulate abroad, not adjust status in the U.S.
In addition, it might be helpful to contact the National Visa Center (NVC) directly. Provide them with the details of your brother's case and the approved I-130 petition. They can guide you on the next steps and how to proceed with the visa application process.
Keep records of all communications with USCIS and the NVC, including dates and summaries of conversations or correspondences. If the situation does not resolve or if you encounter difficulties, consider seeking legal advice from an attorney experienced in immigration law. They can offer specific guidance and help ensure that the process moves forward correctly.
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