10/04/2011

The USCIS Ombudsman's Office confirmed with USCIS that the online address-change system may be used by both foreign nationals and U.S. citizens. This is important for I-130, relative petitions. One of the problems faced by the USCIS is that, despite the large number of I-130 filings, many of the cases do not move forward to approval of permanent residence (commonly referred to as the "Green Card") for the beneficiaries. 

This is a problem within the F2A category for spouses and minor children of U.S. permanent residents. One reason for this may be that the petitioning relative in a particular case did not provide updated address information over the many years of waiting that is normally required for visa number availability in such family-based categories. If correspondence about a case cannot be delivered to a current address, that case risks denial if a response is needed within a reasonable timeframe.

In order to avoid this problem, both for I-130s and other pending applications, it is necessary to provide timely notification of address changes, using the online system provided. The Ombudsman's Office confirmed that this system can be used even by U.S. citizens who have filed cases for their relatives. Unlike foreign nationals, U.S. citizens do not otherwise have to provide routine USCIS address updates under the law and, therefore, may not have considered it necessary to take this step, before this announcement. 

The USCIS plans to adjudicate more than 500,000 pending I-130 petitions by the end of calendar year 2010. Thus, individuals who have filed these cases, many of them years earlier, may now need to ensure that their current addresses are in the system. They should watch for any mail regarding the case and track down their old paperwork. 

Anyone with an old I-130 case may want to discuss questions, problems, or concerns with a qualified immigration attorney. Typically, if the USCIS sends a request for evidence (RFE), it will involve proof of the relationship between the parties or clarification of identities due to name discrepancies. It is wise to check the proof that was submitted with the initial filing, and to obtain any missing documents, particularly those that have to be sent from abroad.