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Understanding USCIS Form I-797: Types and Functions Explained

  • By: Immigration Attorney Osas Iyamu
  • Published: September 18, 2024
Image depicting USCIS Form I-797 form and immigration

Understanding the Different Types of USCIS Form I-797

Form I-797, issued by U.S. Citizenship and Immigration Services (USCIS), is a versatile communication tool for various purposes during immigration processes. Though not a form you fill out, it acts as a receipt, notice, or approval document.

Here’s a closer look at the different types of I-797:

  1. Form I-797 (Notice of Action): This is the most common form. It indicates that USCIS has received your application or petition and provides a tracking number. It can also be used to communicate approval of certain petitions.
  2. Form I-797A (Replacement Form I-94): When you receive this, it generally indicates that a change of status or extension of stay has been approved for individuals already in the United States. Attached to it is a replacement I-94 Arrival/Departure Record.
  3. Form I-797B (Approval for Alien Worker Petition): This form is often issued to employers and noncitizens when an alien worker’s petition has been approved. It typically applies to employment-based petitions, such as H-1B visa holders, and includes instructions for obtaining a visa at a U.S. consulate.
  4. Form I-797C (Receipt, Rejection, Appointment, or Transfer Notice): This version communicates the status of your case. It might indicate that your application has been received, rejected, or transferred or may contain details about upcoming appointments (e.g., biometrics or interviews).
  5. Form I-797D (Accompanies Benefit Cards): Accompanies important benefit documents like green cards or employment authorization cards. This form typically serves as a cover letter accompanying these documents.
  6. Form I-797E (Request for Evidence – RFE): If USCIS needs additional documentation or information for your case, they will send this form. An RFE requires prompt and complete responses to avoid delays in adjudicating your application.
  7. Form I-797F (Transportation Letter): This form is typically issued to allow noncitizens to return to the U.S. under specific conditions, such as when a green card was lost or stolen while abroad.

Each version of Form I-797 plays a critical role in your immigration case, helping you track progress, respond to requests for more information, or understand decisions. Whether you’re dealing with a request for evidence (I-797E) or a notice of action (I-797C), understanding the specific purpose of each form is crucial to staying on top of your case.

For additional details on each type of Form I-797, check the official USCIS page. 

Need Help? If you’re unsure about the content of your Form I-797 or need immigration assistance, contact Immigration Attorney Osas Iyamu for expert guidance and support.

FAQs

1. What is USCIS Form I-797 used for?

USCIS Form I-797 is primarily used to communicate information about your immigration case, such as receipt of your application, approval of petitions, or requests for more documentation. It is not a form you fill out but serves as a notice or approval document issued by U.S. Citizenship and Immigration Services (USCIS).

2. What does Form I-797C mean?

Form I-797C, also known as the Notice of Action, is used to notify you about important updates regarding your case. It can indicate receipt, rejection, transfer, or scheduled appointments such as biometrics or interviews.

3. What should I do if I receive Form I-797E (Request for Evidence)?

If you receive Form I-797E, it means USCIS requires additional information or documentation to process your application. You must respond by the deadline provided, ensuring you include all requested materials to avoid delays or denial of your case.

4. How does Form I-797A differ from Form I-797B?

Form I-797A is typically issued when a change of status or extension of stay has been approved for someone already in the U.S. It includes a replacement I-94 Arrival/Departure Record. Form I-797B, on the other hand, is issued when a petition for an alien worker, such as an H-1B visa holder, is approved and includes instructions for visa processing at a U.S. consulate.

5. Can Form I-797F be used for travel?

Yes, Form I-797F is a transportation letter typically issued to noncitizens who need to return to the U.S. after losing their green card while abroad. It allows re-entry under specific conditions and acts as proof of lawful status.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

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