The I-130 petition, a crucial step in family-based immigration, can often feel like navigating a complex maze. One common frustration arises when, after the elation of receiving an approval notice, you discover that USCIS has sent your I-130 to the National Visa Center (NVC) when you intended to adjust status in the U.S. Conversely, if you planned to consular process abroad (perhaps due to the need for an I-601A waiver), you may find USCIS has incorrectly retained your I-130 because they saw your address was in the US so they assumed you’d be adjusting status.

These errors often stem from confusing wording and inadequate instructions on the form itself, leading to petitioners providing unclear or conflicting responses. When USCIS incorrectly retains an I-130 meant for consular processing, the petitioner is forced to file Form I-824, Application for Action on an Approved Application or Petition, to redirect the petition to the NVC. This adds a significant financial burden ($590 filing fee) and a processing delay of 6 to 17 months – a considerable setback, both in USD and precious time, especially for those consular process because they have to file an I-601A waiver, which currently has a 3-4 year processing time.

In May of 2024 USCIS made changes to the post-approval I-130 touting proced