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Understanding I-797C and I-797E Notices of Action in Houston
Sometimes when applicants deal with the U.S. Citizenship and Immigration Services (USCIS), it can feel as if they are required to fill out forms continuously. This is true to a certain extent since the immigration process is primarily form driven. However, the good news is that some forms are completed by USCIS, which are then sent as important communication back to the applicants.
A notice of action is a crucial communication tool from the USCIS to the applicant, informing them of important updates relating to the status of their case. It is important to keep all notices of action in a safe spot for official proof of communication.
This article aims to comprehensively provide information about the I-797C and I-797E Notices of Action. It further aims to explain the differences between these notices and their importance in the immigration application process.
Lastly, we will outline the steps to be taken after receiving an I-797C Notice of Action, the time it takes to approve the I-797C, and the potential consequences of ignoring or delaying the action required.
Brief Overview of Form I-797
Forms I-797 come in many variations with different purposes. Below is a list of the different types of Form I-797:
- I-797 Notice of Action: It is a notice for receipt or approval of a petition or application.
- I-797A Notice of Action: Issued as a replacement Form I-94.
- I-797B Notice of Action: Issued for approval of a non-citizen worker petition.
- I-797C Notice of Action: Issued for communicating receipt or rejection of petition/application, biometric notice, transfer of file notice, rescheduled appointments and interview notices, reopening of cases, and additional actions.
- I-797D: Sent with an immigration benefit card.
- I-797E Notice of Action: Issued for the request of evidence.
- I-797F Transportation Letter: It is a transportation letter issued overseas to allow applicants to travel. (Note that this form does not replace a green card).
What Is an I-797C Notice of Action?
An I-797C Notice of Action is an important document issued by the USCIS to communicate information related to the status of an immigration case. It serves as a receipt or approval notice for the petition or application filed.
It provides information on the next steps in the immigration process, including the following:
- The receipt number
- The type of petition or application filed
- The date it was received
- Any further action required by the applicant
Note that an I-797C does not grant any immigration status or immigration benefits.
If you have received a notice of action and need guidance, don’t hesitate to get in touch with our experienced immigration attorney, who will gladly assist. We can also provide you with a handy adjustment of status checklist to ensure that you comply with the required evidence for adjustment of status.
What Is the Difference Between Form I-797C and Form I-797?
A Form I-797 Notice of Action is a form of communication from the USCIS to the applicant confirming an application’s receipt or approval.
Form I-797C is also a Notice of Action issued by the USCIS to notify the applicant of an application or petition’s receipt or rejection. However, it is also used to convey critical information on issues such as:
- Notice of the transfer of an applicant’s file to a different area.
- Appointment notices for fingerprint or biometric capture.
- Appointment notice for interview.
- Appointment notice for a rescheduled appointment.
- Notice that a previously denied case has been reopened.
- Other much rarer additional actions.
Importance of Form I-797C
Form I-797C provides the applicant or petitioner with necessary information regarding their case status and any actions that need to be taken.
It also indicates if the application or petition has been received and is being processed by the USCIS.
Read Form I-797C very carefully and be sure to comply with any requests within the timelines provided. Keep your I-797C safe, along with all your USCIS documentation. Failure to read an I-797C Notice of Action or comply with the instructions provided can result in delays, denials, or other adverse consequences for the applicant or petitioner.
Overview of the Steps Following the Receipt of I-797C Notice of Action
The steps can vary depending on the specific instructions provided in the notice received. However, in general, the following steps may be helpful:
- Review the notice carefully.
- Follow any instructions provided.
- Provide any requested evidence or information.
- Attend any scheduled appointments.
- Check the status of the case.
- Respond to any transfer notice.
How Long Does It Take for I-797C Approval?
Processing times vary depending on the application or petition type and USCIS’ workload.
USCIS provides estimated processing times for each type of application or petition on its website, but these estimates can change depending on various factors.
Some factors that impact processing times include the complexity of the application or petition, the volume of applications being processed at the USCIS office, and the availability of their personnel to review and approve applications.
Suppose an applicant does not receive a decision within the estimated processing time. In that case, they can contact USCIS directly to inquire about the status of their case and request an update on the processing time.
What Is the I-797E Notice of Action?
A Form I-797E is a Request For Evidence made by the USCIS in instances where they have incomplete information and call for further evidence to make a decision.
USCIS will explain the issues with the evidence already provided or state that no evidence was included.
Form I-797E will often include a time limit and specific instructions.
Submitting the additional evidence to USCIS as soon as possible and within the deadline is critical. If you fail to respond to a request for evidence, your application will most likely be denied.
Assistance With Notice of Action Forms
If you need legal help with a Notice of Action form from USCIS, there are several options available to you:
Hire an Immigration Lawyer
An immigration lawyer can assist you in understanding the specific details of your Notice of Action form and help you navigate the immigration process. In addition, they can represent you in front of USCIS and provide legal advice on your case.
Contact a Local Immigration Services Organization
Many community organizations offer free or low-cost immigration services to assist individuals with their immigration cases. In addition, they can provide information and guidance on the next steps in your case.
Use Online Resources
Several online resources provide information and guidance on immigration matters, including USICS’ official website.
Need Further Help? Contact an Immigration Attorney
An immigration lawyer can help navigate the complex immigration process and increase the chances of a successful outcome. Therefore, if you have concerns about the information or instructions provided in your Notice of Action form, you may consider seeking the assistance of an immigration lawyer or a trusted immigration law firm.
Whether you are applying for an O-1 visa or your lawful permanent resident application has been previously denied, or you want to pursue a case to renew a green card-you can rely on the team at Andrew T. Thomas, Attorneys at Law, to do their utmost to guide you through the processes and represent you. Call us to schedule a free initial consultation today!
