October 6, 2011

Petitioners and Applicants: Keep an Eye Out for Original I-797 Approval Notices

U.S. Citizenship and Immigration Services (USCIS) announced that, effective Sept. 12, 2011, it began sending original I-797 receipt and approval notices directly to applicants and petitioners. Courtesy copies of the notices are being sent to attorneys or accredited representatives, if a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is on file. This is a change from the past, where the original notice was sent to the attorney or accredited representative’s address listed on the Form G-28, while a copy was sent to the address provided by the applicant or petitioner in the applicable application or petition form. USCIS has noted that it implemented this notification change to ensure that documents (such as I-94 Arrival-Departure Records) are mailed directly to the address specified by the applicant or petitioner. USCIS made this change without any advance warning to attorneys, petitioners or applicants and has caused a wave of confusion.

In addition, USCIS also reported that effective Nov. 28, 2011, the final rule for Immigration Benefits Business Transformation, Increment I, will go into effect. Under the amendments made by this rule, documents produced as the result of an approved application or petition will be mailed directly to the address provided by the party seeking the benefit on the applicable application or petition and not that specified by the attorney or accredited representative on a Form G-28. USCIS believes that original receipts, decisions, and documents produced as a result of approved applications or petitions should be sent to the address specified by the party making the request.

As a result, all petitioners and applicants should watch closely for any original notices received by USCIS. Further, it is important to ensure that your address on file is correct and all address changes are submitted timely to prevent lost notices and/or undeliverable mail.

A copy of USCIS statement can be found here: USCIS Update on the Issuance of I-797 Receipt and Approval Notices.