Form I-824 Explained | Filing Tips, Fees & Processing Time

Did you lose or misplace an approval discover from USCIS? Whereas your first response may be to panic, there’s a approach to nonetheless fulfill your immigration case necessities by submitting Kind I-824, Utility for Motion on an Accepted Utility or Petition. The elemental goal of Kind I-824 is to request “additional motion on a beforehand permitted software or petition” from U.S. Citizenship and Immigration Companies or U.S. Customs and Border Safety (CBP). This manner is not for these whose earlier approval is revoked or expired. You additionally shouldn’t use this type to confirm the standing of a pending petition or software.

Some situations the place you’d request additional motion are in case you moved since your unique petition was filed so that you need a totally different U.S. Consulate to be told of your permitted the USCIS permitted petition or waiver. Another excuse you would want to file an I-824 is if you’re finishing a inexperienced card software abroad and need USCIS to ship your permitted I-130 petition  to the Nationwide Visa Middle (NVC). We are going to discover extra situations by which submitting Kind I-824 is one of the best transfer afterward on this put up.

Suggestions for Submitting Kind I-824

For many who have a beforehand permitted software or petition from U.S. Customs and Border Safety that was misplaced, stolen or destroyed, it is best to use Kind I-824 to request that Customs and Border Safety situation a replica of your I-192, Utility for Advance Permission to Enter as a Non-Immigrant or Kind I-212, Utility for Permission to Reapply for Admission into the U.S. After Deportation or Elimination.

The place Ought to You File?

Candidates submitting Kind I-824 with USCIS ought to achieve this on the applicable USCIS lockbox facility, besides if they’re submitting it along side one other USCIS type. If that’s the case, then ship your I-824 together with the opposite type to the handle within the submitting directions of that type. See a full listing of USCIS Lockbox services right here. You will need to point out that USCIS won’t course of Kind I-824 in case your petition/software has been denied or is within the pending stage. Furthermore, Kind I-824 shouldn’t be used to verify on the standing of a pending software, since that’s not its goal.

In case you are submitting Kind I-824 with U.S. Customs and Border Safety, file it at a delegated land border port of entry, CBP preclearance workplace or mail it to the Admissibility Overview Workplace at 22685 Vacation Park Drive, Suite 10, Sterling, Va. 20166-1234.

Submitting Price for Kind I-824

The associated fee to file Kind I-824 is $465 and that may be paid with a cash order, private or cashier’s verify. You’ll be able to elect to obtain an digital notification when a USCIS Lockbox facility accepts your I-824 by finishing Kind G-1145, E-Notification of Utility/Petition Acceptance.

I-824 Processing Time

Based on U.S. Customs and Border Patrol, it is best to enable at minimal 90 days from whenever you submit your type for I-824 Processing time. In some instances I-824 processing can take upwards of six months or longer. To verify on the standing of your software with CBP you may e mail [email protected]

Causes to Request Kind I-824

The next are requests that may be made through Kind I-824:

• A reproduction approval discover
• USCIS to inform a brand new U.S. Consulate (totally different from the one initially requested) by way of the U.S. Division of State’s Nationwide Visa Middle (NVC) or Kentucky Consular Middle. USCIS will notify the U.S. Consulate in regards to the approval of a nonimmigrant visa petition or a few new Port-of-Entry (Port-of-Entry is totally different than what you initially requested) in regards to the approval of a waiver software.
• USCIS to inform a U.S. Consulate by way of the Nationwide Visa Middle about your adjustment of standing to everlasting resident within the U.S. in order that your partner and/or youngsters can accompany you or comply with to hitch
• USCIS to ship your permitted immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen through the method of naturalization

Conditions The place You Ought to Not File Kind I-824

As beforehand talked about, Kind I-824 serves a really particular goal. In case you are requesting extra motion from USCIS for a petition or software that was denied, revoked or withdrawn, it’s not the suitable type to take action. Different situations not appropriate for submitting this type embrace:

• Requesting a correction of a mistake on a earlier permitted petition or software
• Requesting follow-to-join advantages on your youngsters and/or partner and your case is among the following:
  • Got refugee standing after being admitted to the USA or got standing within the U.S. as an asylee
  • Issued an immigrant visa at both a United States Embassy or U.S. Consulate through consular processing and have been admitted to the U.S. on an immigrant visa as a lawful everlasting resident
  • Have been granted lawful everlasting resident standing through a T or U visa
• Requesting a replica of an permitted I-485, Utility to Register Everlasting Residence or Regulate Standing or N-400, Utility for Naturalization, to have them in your individual information
• Requesting a reproduction approval discover for an permitted visa petition naming the youngsters or partner accompanying or becoming a member of you
• Asking USCIS to ship the U.S. Division of State info pertaining to the approval of your expired nonimmigrant petition/software or pertaining to an employment-based software/petition in case your employment with the unique petitioning employer is over
• Requesting USCIS to inform the Division of State of an approval of Kind I-600A, Utility for Superior Processing of Orphan Petition or Kind I-600, Petition to Classify Orphan as an Rapid Relative or Kind I-800A, Utility for Willpower of Suitability to Undertake a Baby from a Conference Nation
• Requesting extra motion on an permitted software which was filed with Customs and Border Patrol or a alternative of any of the next:
  • Employment Authorization Doc (EAD) (to request a alternative, file Kind I-765, Utility of Employment Authorization)
  • Kind I-94 Arrival-Departure File (to request a alternative, file Kind I-102, Utility for Alternative/Preliminary Nonimmigrant Arrival-Departure Doc)
  • Kind I-551, Everlasting Resident Card (to request a alternative, file Kind I-90, Utility to Change Everlasting Resident Card)
  • Kind I-512/I-512L Journey Doc (to request a alternative, file Kind I-131, Utility for Journey Doc)

Click on right here to pick on of the types talked about above.

In case you are requesting from Customs and Border Patrol a reproduction approval discover that was revoked or is expired, an accurate of a mistake of an approval discover or motion on an permitted software or petition filed with USCIS, don’t file Kind I-824 along with your request. You’ll be able to click on right here for info on how one can request a correction to your approval discover with U.S. Customs and Border Patrol.

Step-by-Step Directions

Kind I-824 consists of seven whole pages. Under are the assorted sections of the shape to be accomplished.

Part 1: Info About You (Particular person submitting the applying)

The highest part of the shape labeled ‘For USCIS Use Solely’ needs to be left clean by you. If an lawyer or BIA-accredited consultant is aiding in submitting this type, they need to full the part underneath the USCIS Solely field. In black ink or kind, full the primary part by indicated if you’re the applicant or petitioner, filling in you full title, firm or group, immigration standing, certificates of naturalization or citizenship quantity (if relevant), date of delivery, nation of delivery, IRS tax quantity (if relevant), U.S. Social Safety Quantity (if relevant), USCIS on-line account quantity (if relevant), mailing handle, and bodily handle if totally different than your mailing handle.

Part 2: Cause for Request

What are you attempting to attain? Do you want a reproduction approval discover? Would you like USCIS to inform a distinct U.S. Consulate than the one you initially requested in regards to the approval of a nonimmigrant visa petition or new Port-of-Entry? Would you want USCIS to inform a U.S. Consulate by way of the Nationwide Visa Middle about your adjustment of standing to everlasting resident within the U.S. in order that your partner and/or youngsters can accompany you or comply with to hitch? Would you like USCIS to ship your permitted immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen through the method of naturalization? Choose the suitable field in accordance with the request in part two.

Part 3: Different Info

If the individual submitting this type is just not the principal beneficiary of the beforehand submitted software or petition, then embrace their info on this part together with the shape variety of the beforehand permitted software/petition, receipt quantity on Kind I-797, submitting date and approval date of that software, full title, date of delivery, nation of delivery, alien registration quantity, telephone quantity, mailing handle and bodily handle if totally different than the mailing handle. Continued on web page three, in case you chosen your Cause for Request in Part 2 being for USCIS to inform a U.S. Consulate by way of the Nationwide Visa Middle about your regulate your standing to everlasting resident within the U.S. in order that your partner and/or youngsters can accompany you or comply with to hitch then listing the dependents on this part that you’re requesting follow-to-join advantages from. You have to to supply their full title, date of delivery, nation of delivery, nation of citizenship/nationality, relationship to principal applicant, e mail handle, and telephone quantity. There’s house to listing 4 dependents and in case you want extra house you may write it in Half 7. Extra Info.

Part 4: Applicant’s Assertion, Contact Info, Declaration, Certification, and Signature

Earlier than filling out this part it is very important learn the Penalties part of Kind I-824. After doing so, you must acknowledge that you may learn and perceive English, together with all of the questions on the shape or in case you had an interpreter make it easier to, verify 1.b. and title them in Half 5. For those who had the help of a preparer, verify field 2 and title them in Half 6. Strains 3-5 ask on your contact info (telephone quantity and e mail handle) adopted by the applicant’s certification signature line.

Part 5: Interpreter’s Contact Info, Certification, and Signature

If an interpreter was utilized for the preparation of this doc fill out their title, mailing handle and phone info. The interpreter may even must certify, underneath penalty of perjury, that they’re fluent in English and the applicant’s native language. In line 7.a. the interpreter must signal the shape and date it in 7.b.

Part 6: Contact Info, Declaration, and Signature of the Particular person Getting ready this Utility, if apart from the Applicant

Was a preparer was used to fill out the shape? In that case, present their full, mailing handle and phone info. The preparer may even must certify, underneath penalty of perjury, that they ready the shape on the request of the applicant and sign up line 8.a. plus date in 8.b.

Part 7: Extra Info

For those who want extra house to reply any of the questions, this part is the place you embrace it.

Steadily Requested Questions

Listed below are a few of the most often requested questions concerning Kind I-814, Utility for Motion on an Accepted Petition. 

What occurs after I 824 is permitted? 

In case you are searching for follow-to-join advantages on your partner and/or youngsters then as soon as your I-824 is permitted, USCIS will then inform the U.S. Consulate abroad that you’re a lawful everlasting resident which implies that your youngsters/partner can apply for immigrant visas. Relying on what you’re particularly requesting from USCIS or Customs and Border Management, will dictate the subsequent steps after an I-824 approval. The next are issues you may request on Kind I-824:

• A reproduction approval discover
• USCIS to inform a brand new U.S. Consulate (totally different from the one initially requested) by way of the U.S. Division of State’s Nationwide Visa Middle (NVC) or Kentucky Consular Middle. USCIS will notify the U.S. Consulate in regards to the approval of a nonimmigrant visa petition or a few new Port-of-Entry (Port-of-Entry is totally different than what you initially requested) in regards to the approval of a waiver software.
• USCIS to inform a U.S. consulate by way of the Nationwide Visa Middle about your adjustment of standing to everlasting resident within the U.S. in order that your partner and/or youngsters can accompany you or comply with to hitch
• USCIS to ship your permitted immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen through the method of naturalization

What’s the follow-to-join course of?

Observe-to-join is a path for kinfolk of eligible inexperienced card holders to immigrate to the USA to hitch their member of the family.

Who’s eligible for comply with to hitch?

Kids and spouses of U.S. everlasting residents are eligible to obtain inexperienced playing cards. The follow-to-join course of bypasses the standard means of submitting an immigrant petition and as a substitute candidates use Kind I-824 because the Observe-to-Be part of software. To qualify for this, the wedding will need to have occurred previous to the principal applicant being admitted to the USA as a everlasting resident and the youngsters additionally will need to have been born earlier than this. Kids 21 or older or married youngsters are usually not eligible for join-to-follow advantages. The opposite requirement is that you could have acquired an immigrant visa or adjusted standing in one of many following desire classes:

• Employment-based
• Household-preference
• Non secular Employee
• VAWA petitioner
• Range Visa petitioner

When submitting the I-824 for the aim of follow-to-join advantages, a replica of the wedding certificates have to be included within the software as properly any youngsters/dependent’s delivery certificates.

How lengthy does comply with to hitch take?

Processing occasions for I-824 petitions could be wherever from six and a half months to upwards of a 12 months. After USCIS approves the I-824, then they’ll ship you an approval discover, I-797. From there, USCIS will ship the applying to the NVC and when the Nationwide Visa Middle receives the applying they’ll ship you a letter with the subsequent directions within the course of. Generally it could take upwards of six weeks to get the NVC letter. From there, your partner and or youngsters can submit Types DS-260 together with the required supporting paperwork. Lastly, they should schedule their visa interviews with the U.S. Consulate.

How a lot is the I-824 price?

The submitting price for Kind I-824 is $465.

Ought to an lawyer help me with submitting?

It’s at all times advisable to have an skilled immigration lawyer help you with submitting any type of USCIS type. Ought to your state of affairs be talked about within the “Conditions The place You Ought to Not File Kind I-824” part then it’s particularly necessary to seek the advice of knowledgeable since submitting the improper type can result in pointless charges and delays along with your case.