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I 797 Approval Notice green card Form: What You Should Know
Form I-797 is sent to a non-immigrant visa holder (and to his or her spouse for a spouse) after: a formal invitation to apply has been received by the Department of State the Department of State has received a valid U.S. passport for the applicant has been in the United States for at least 90 days. (Note: This is a very old rule, and it's not clear why you still have to send Form I-797 with a letter when the form is sent electronically.) I-797 Notice of Action (Advance Notification or Adjudications Notice) Requirements A Form I-797 is an Advance Notification to the Alien (or the Spouse of the Alien) as if the alien were applying for an Advance Review. (See section 2.4.) The notice of action is sent at the same time as the Form I-485 — Advance Petition for Alien Relative, but a Form I-485 is only reviewed and approved during the first 90 days. The Form I-797 is not processed and approved, but is sent as an Advance Notice to the alien. The advance notice is sent to the alien through U.S. mail, and the alien uses U. S. mail to respond, along with providing a mailing address in Mexico. The U.S. mail message does not mean that the I-797 has been approved but that the mail was received. (Note: Many countries now keep the original I-485 in their country so that if the alien files a complaint of not getting it, they will receive an official reply from Mexico for the past 90 days.) After the alien has received the notice and mailed a response, the USCIS will then issue a final I-797 for the alien. When there is no I-797 for an alien living in the United States, they still must file an I-485 petition, but not in the United States. Note: After you are received notification (which includes an Advance Notification) of your I-797, you should still file a U.S. petition. You can review Form I-797A for more information. Form I-797 (Adjudications Notification) is sent by electronic means, where the date and time the notice is sent can be altered or removed as well as what is posted on the USCIS website.
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