Form I-797 – Notice of Action

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What is Form I-797?

Form I-797 is an official notice the U.S. Citizenship and Immigration Services (USCIS) sends. It’s not a visa or a permit but a form that USCIS uses to communicate with applicants about the status of their applications or petitions. It is more like a confirmation or update from USCIS about something you’ve applied for.

Why Do You Receive Form I-797?

The following are some reasons why USCIS might send you Form I-797.

  1. Application or Petition Received: USCIS will send this form as a receipt notice, letting you know that the agency has received your application or petition. It’s your proof that USCIS is processing your case.
  2. Approval Notice: You will receive Form I-797 if your application or petition is approved. If you have filed visa petitions, applied for work authorization, or for a change in immigration status, you will receive this form. 
  3. Request for Additional Information: In some cases, USCIS needs more information from the applicant to process the application. In such circumstances, Form I-797 will be sent with information on what they will need to provide and the deadline for submitting it.
  4. Appointment Notice: If you need to attend an interview, biometric appointment, or another in-person requirement, Form I-797 will inform you of the date, time, and location.
  5. Rejection or Denial: If your application is rejected or denied, Form I-797 will explain why and what steps, if any, you can take next.

Different Types of Form I-797

There are several variations of Form I-797, each serving a different purpose.

  1. Form I-797C: This most common version of Form I-797, is used for receipt notices, appointment notices, rejections, and transfers. It’s purely informational and doesn’t grant any benefits or status.
  2. Form I-797A: This version of the form is issued to applicants who have had their status changed or extended. It comes with a tear-off I-94 form at the bottom, which the recipient should keep as proof of their legal status in the U.S.
  3. Form I-797B: This version is sent when a petition is approved, but without a change of status. If you receive this form, it means you will need to apply for a visa at a U.S. consulate abroad.
  4. Form I-797D: This accompanies certain documents or benefits, like a green card.
  5. Form I-797E: A request for more evidence (RFE). You must respond to this if you want the USCIS to proceed with your application. Failure to respond before the deadline mentioned in this form could lead to delays or rejection. 
  6. Form I-797F: Used for sending secure documents, such as a travel permit.

What Should You Do When You Receive Form I-797?

When you receive form I-797, make sure you read the entire form to understand what USCIS is telling you. Make note of the deadlines and required actions. Remember that this form is an important document. You will need to keep it safe as you might need it later as proof of your application’s status or to show your legal status in the U.S.

If the form requires you to provide more information, attend an appointment, or take any other action, ensure you do it promptly to avoid delays.

FAQs About Form I-797

  1. Can Form I-797 be used as a visa?
    • No, Form I-797 is not a visa. It’s a notice that informs you about the status of your immigration application or petition.
  2. Is Form I-797 proof of legal status?
    • Only certain versions, like Form I-797A with an I-94 attached, can be used as proof of legal status.
  3. What if I lose my Form I-797?
    • If you lose your Form I-797, you can request a replacement from USCIS, but it’s important to keep it safe to avoid complications.

Conclusion

Form I-797 is an essential part of the U.S. immigration process. It keeps you informed about your application’s status and guides you through the next steps. Always read it carefully and keep it safe, as it could be crucial for your immigration journey.

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