Categories: USA Immigration

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

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

Some cases the place you’ll request additional motion are in the event you moved since your authentic petition was filed so that you desire a completely different U.S. Consulate to be told of your accredited the USCIS accredited petition or waiver. One more reason you would wish to file an I-824 is in case you are finishing a inexperienced card software abroad and need USCIS to ship your accredited I-130 petition  to the Nationwide Visa Middle (NVC). We are going to discover further cases during which submitting Kind I-824 is the most effective transfer in a while on this publish.

Suggestions for Submitting Kind I-824

For many who have a beforehand accredited software or petition from U.S. Customs and Border Safety that was misplaced, stolen or destroyed, you need to use Kind I-824 to request that Customs and Border Safety difficulty 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 acceptable USCIS lockbox facility, besides if they’re submitting it along with one other USCIS kind. If that’s the case, then ship your I-824 together with the opposite kind to the handle within the submitting directions of that kind. See a full checklist 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 test on the standing of a pending software, since that isn’t its objective.

If you’re 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 Charge for Kind I-824

The fee to file Kind I-824 is $465 and that may be paid with a cash order, private or cashier’s test. You may 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

In keeping with U.S. Customs and Border Patrol, you need to enable at minimal 90 days from while you submit your kind for I-824 Processing time. In some circumstances I-824 processing can take upwards of six months or longer. To test on the standing of your software with CBP you’ll be able to e-mail [email protected]

Causes to Request Kind I-824

The next are requests that may be made by way of Kind I-824:

  • A replica approval discover
  • USCIS to inform a brand new U.S. Consulate (completely 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 completely 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 kids can accompany you or observe to affix
  • USCIS to ship your accredited immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen by way of 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 objective. If you’re requesting further motion from USCIS for a petition or software that was denied, revoked or withdrawn, it isn’t the suitable kind to take action. Different cases not appropriate for submitting this manner embrace:

  • Requesting a correction of a mistake on a earlier accredited petition or software
  • Requesting follow-to-join advantages to your kids and/or partner and your case is among the following:
    • Got refugee standing after being admitted to america or got standing within the U.S. as an asylee
    • Issued an immigrant visa at both a United States Embassy or U.S. Consulate by way of consular processing and had been admitted to the U.S. on an immigrant visa as a lawful everlasting resident
    • Have been granted lawful everlasting resident standing by way of a T or U visa
  • Requesting a replica of an accredited I-485, Utility to Register Everlasting Residence or Alter Standing or N-400, Utility for Naturalization, to have them in your personal data
  • Requesting a reproduction approval discover for an accredited 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 Quick Relative or Kind I-800A, Utility for Willpower of Suitability to Undertake a Baby from a Conference Nation
  • Requesting further motion on an accredited 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 Document (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 Exchange 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 varieties talked about above.

If you’re 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 accredited software or petition filed with USCIS, don’t file Kind I-824 along with your request. You may click on right here for info on find out how to 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. Beneath are the assorted sections of the shape to be accomplished.

Part 1: Data About You (Individual submitting the applying)

The highest part of the shape labeled ‘For USCIS Use Solely’ needs to be left clean by you. If an legal professional or BIA-accredited consultant is helping in submitting this manner, they need to full the part underneath the USCIS Solely field. In black ink or sort, full the primary part by indicated in case you are the applicant or petitioner, filling in you full identify, firm or group, immigration standing, certificates of naturalization or citizenship quantity (if relevant), date of start, nation of start, 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 completely different than your mailing handle.

Part 2: Purpose for Request

What are you attempting to attain? Do you want a reproduction approval discover? Would you like USCIS to inform a special 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 kids can accompany you or observe to affix? Would you like USCIS to ship your accredited immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen by way of the method of naturalization? Choose the suitable field in keeping with the request in part two.

Part 3: Different Data

If the particular person submitting this manner shouldn’t be 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 accredited software/petition, receipt quantity on Kind I-797, submitting date and approval date of that software, full identify, date of start, nation of start, alien registration quantity, telephone quantity, mailing handle and bodily handle if completely different than the mailing handle. Continued on web page three, in the event you chosen your Purpose for Request in Part 2 being for USCIS to inform a U.S. Consulate by way of the Nationwide Visa Middle about your alter your standing to everlasting resident within the U.S. in order that your partner and/or kids can accompany you or observe to affix then checklist the dependents on this part that you’re requesting follow-to-join advantages from. You will want to supply their full identify, date of start, nation of start, nation of citizenship/nationality, relationship to principal applicant, e-mail handle, and telephone quantity. There may be house to checklist 4 dependents and in the event you want further house you’ll be able to write it in Half 7. Extra Data.

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

Earlier than filling out this part you will need to learn the Penalties part of Kind I-824. After doing so, it’s good to acknowledge that you would be able to learn and perceive English, together with all of the questions on the shape or in the event you had an interpreter allow you to, test 1.b. and identify them in Half 5. In case you had the help of a preparer, test field 2 and identify them in Half 6. Traces 3-5 ask to your contact info (telephone quantity and e-mail handle) adopted by the applicant’s certification signature line.

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

If an interpreter was utilized for the preparation of this doc fill out their identify, mailing handle and phone info. The interpreter may also have to 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 Data, Declaration, and Signature of the Individual Making ready this Utility, if apart from the Applicant

Was a preparer was used to fill out the shape? If that’s the case, present their full, mailing handle and phone info. The preparer may also have to certify, underneath penalty of perjury, that they ready the shape on the request of the applicant and register line 8.a. plus date in 8.b.

Part 7: Extra Data

In case you want further house to reply any of the questions, this part is the place you embrace it.

Incessantly Requested Questions

Listed here are a few of the most often requested questions relating to Kind I-814, Utility for Motion on an Accredited Petition. 

What occurs after I 824 is accredited?

If you’re looking for follow-to-join advantages to your partner and/or kids then as soon as your I-824 is accredited, USCIS will then inform the U.S. Consulate abroad that you’re a lawful everlasting resident which implies that your kids/partner can apply for immigrant visas. Relying on what you might be particularly requesting from USCIS or Customs and Border Management, will dictate the following steps after an I-824 approval. The next are issues you’ll be able to request on Kind I-824:

  • A replica approval discover
  • USCIS to inform a brand new U.S. Consulate (completely 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 completely 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 kids can accompany you or observe to affix
  • USCIS to ship your accredited immigrant visa petition to the Nationwide Visa Middle or to inform the Division of State that you’re now a U.S. citizen by way of the method of naturalization

What’s the follow-to-join course of?

Observe-to-join is a path for kin of eligible inexperienced card holders to immigrate to america to affix their member of the family.

Who’s eligible for observe to affix?

Youngsters and spouses of U.S. everlasting residents are eligible to obtain inexperienced playing cards. The follow-to-join course of bypasses the standard technique of submitting an immigrant petition and as an alternative candidates use Kind I-824 because the Observe-to-Be part of software. To qualify for this, the wedding should have occurred previous to the principal applicant being admitted to america as a everlasting resident and the youngsters additionally should have been born earlier than this. Youngsters 21 or older or married kids will not be eligible for join-to-follow advantages. The opposite requirement is that it’s essential to have obtained an immigrant visa or adjusted standing in one of many following choice classes:

  • Employment-based
  • Household-preference
  • Spiritual Employee
  • VAWA petitioner
  • Variety Visa petitioner

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

How lengthy does observe to affix take?

Processing instances for I-824 petitions may be anyplace from six and a half months to upwards of a yr. After USCIS approves the I-824, then they are going to 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 are going to ship you a letter with the following directions within the course of. Typically it could actually take upwards of six weeks to get the NVC letter. From there, your partner and or kids can submit Varieties 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 payment?

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

Ought to an legal professional help me with submitting?

It’s at all times advisable to have an skilled immigration legal professional help you with submitting any type of USCIS kind. 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 an expert since submitting the flawed kind can result in pointless charges and delays along with your case.

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