The HMA Law FirM

The HMA LAW FIRM

I-824 Form, what is it for? 

Immigration cases can suffer huge delays. Some procedures have procedures under them that make the process more complex. Thus, this leads aspiring Americans into limbo. Due to the complexities of the system, some applicants may feel lost. Yet, this does not mean you are out of options. The I-824 form, Application for Action on an Approved Application or Petition, can be used to unify with your family.

It’s mind-boggling, but even when the US government already approved an application after a long wait, it can make you wait even longer to bring your family. Yet, we are here to help.

What is the I-824 Form?

One of the most common uses of an I-824 Form is as a follow-to-join. Thus, it means that it can help immediate family members of an LPR come to the US. However, this is not the only use for this form. In general, you can use it to request USCIS or CBP an action over any application that was already approved.  For example, it can be used with Form I-192 (advance permission to enter as non-immigrant) or Form I-212 (to reapply for admission after removal) if they have been approved.

Who needs a Form I-824?

Different types of visas in the US require an LPR to file a petition on behalf of the individual needing the visa. However, only an LPR can file an I-824.

First, only spouses and unmarried children under 21 years old are eligible for the form, and their permanent resident spouse or parent can file the I-824 on their behalf. They can only do it if they are already an LPR, not if it’s still in process.

When shouldn’t you file an I-824 Form?

You should not file an I-824 if you are requesting further action under the following conditions:

When You received an immigrant visa through consular processing and were admitted to the US as an LPR with an immigrant visa

OR You received refugee status after admission to the US

You received asylum protection in the US

You gained LPR status through T or U visa

Plus, you should not file a Form I-824 if you are looking for:

  • Further action on a denied, revoked, terminated, or withdrawn application
  • Correction of an error on a previously approved application
  • Copy of the Form I-485 or Form N-400
  • Duplicate approval notice of an approved visa petition
  • USCIS to send info to the Department of State about the approval of an employment-based petition
  • USCIS to notify the Department of State of the approval of a Form I-600, I-600A, or I-800A
  • An action over an approved application with Customs and Border Protection
  • Replacement of documents of an application

What supporting documents do you need?

When completing an I-824 Form, you will need the following documents:

  • Birth certificates of children applying
  • Passports
  • Marriage certificate
  • Copy of green card of the main applicant
  • And Copy of I-140 (if applicable)
  • Copy of I-797C, notice of receipt that confirms the USCIS received the applicant’s application for LPR
  • Copy of I-797, notice of approval for the LPR status of the main applicant.
  • Payment of the $465 fee (be sure to check the USCIS website for most current fee information!)

Further, must provide a certified translation of all documents not originally in English.

Instructions

You can find the Form I-824 instructions here, and an I-824 Form example here. You can call the USCIS Contact Center at 1-800-375-5283 and ask it via mail, too.All applications should be accompanied by the documents mentioned above, including the fee.

Also, the beneficiary (the one seeking follow-to-join benefits) will likely be required to appear for an interview and/or provide biometric data before deciding on the visa application. The beneficiary will need to set up an appointment at a US consulate.

While there is no pre-set processing time, waiting periods of four to six weeks are common.

Receiving LPR status for your family can be difficult. Remember, this is not only for follow-to-join benefits but for further action on many different applications. We are here to make it simple.

Please fill out our contact form and let us help you with your I-824 Form.