INS Memo on Form I-824
U.S. Department of Justice
Immigration and Naturalization Service
Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC 20536
HQ 70/23.1-P
July 22, 1999
Memorandum For:
Regional Directors
All Service Directors
All District Directors
All Officers in Charge
Training Academies
From:
Robert L. Bach
Executive Associate Commissioner
Office of Policy and Planning
Subject:
Submission of an Application for Action on an Approved Application or Petition, Form I-824, When It Relates to a Visa Petition or an Application for Adjustment of Status.
This memorandum supercedes prior policy guidance on the filing of an Application for Action on an Approved Application or Petition, Form I-824, when it relates to a visa petition or an application for permanent residence.
Background
Under current policy the filing of a Form I-824 is required when the petition indicates that the beneficiary will process at the consulate. This policy was implemented at a time when consular processing was deemed a burden on the beneficiary and the provisions of section 245(i) of the Act made adjustment of status the more convenient manner of processing. That situation has changed considerably over the years and many beneficiaries now find consular processing more appealing. These changes, with the implementation of IIRIRA and the sunset of 245(i), have prompted the Service to revisit its policy regarding the filing of Form I-824 and to amend it.
In order to streamline the process and reduce the number of unnecessary I-824 applications, the following policy for submission of Form I-824 is being implemented as of the date of this memorandum.
Cases which do not require the filing of an I-824
Visa petitions will be distributed according to the manner in which the visa petition indicates that the beneficiary intends to process, i.e., adjustment of status or consular processing. If the visa petition indicates that the beneficiary will consular process, the petition should be forwarded to the NVC regardless of whether the priority date is current or if the beneficiary appears to be eligible for adjustment of status. If the visa petition indicates that the beneficiary will be seeking adjustment of status the approved visa petition should be held until such time as the application for adjustment of status is filed. A Form I-824 should not be filed with the visa petition in these circumstances.
The Office of Field Operations will provide guidance on the housing of approved visa petitions in those cases where it is indicated that the beneficiary will file for adjustment of status.
Circumstances which warrant the filing of an I-824
The filing of a Form I-824 is appropriate when the petitioner requests a change in the initial manner of processing noted on the visa petition. That is, consular processing was initially requested but the beneficiary now intends to seek adjustment of status, or adjustment of status was indicated on the visa petition but the beneficiary now intends to consular process.
Another instance where the filing of the Form I-824 is warranted is when the beneficiary seeks adjustment of status as a principal alien and the dependent family members abroad will follow-to-join. In this instance, the I-824 should be filed concurrently with the principal's I-485 and adjudicated at the same time so as not to delay the processing of the dependent family members.
Where an application for adjustment of status is denied or abandoned, but approval of the visa petition is re-affirmed, the petitioner should be notified in writing that upon the filing of an I-824 designating the appropriate consulate and any dependent family members who would be following-to-join, the petition will be forwarded for consular processing.