I-797 Notice of Action: An Easy-to-Understand Guide

If you’re navigating the U.S. immigration process, you’ve probably heard about Form I-797, Notice of Action. This document plays a key role in communicating important updates about your immigration case. In this article, we’ll explain the different types of I-797 forms you might encounter and what each one means for your journey through the U.S. immigration system. Plus, we’ll show you how Law and Visas can assist you every step of the way.

What is Form I-797?

Form I-797, also called the “Notice of Action,” is a notification sent by U.S. Citizenship and Immigration Services (USCIS) to applicants for both immigrant and non-immigrant visas. This letter can either confirm that USCIS has received your application or that it has approved it. In some cases, it may also communicate the next steps in your immigration process.

Unlike other immigration forms, such as Form I-485 (for green card applications), Form I-797 is not a form that you fill out. It’s sent to you automatically to update you on the status of your case.

Types of I-797 Notices

There are several types of I-797 forms, each serving a different purpose. Understanding which form you receive can help you stay on top of your case. Here’s an overview:

I-797 Notice of Action (General)

Form I-797 is generally used to inform you that your petition or application has been received, approved, or is undergoing further review. It’s important to keep this notice as it may be needed to prove your eligibility for other benefits in the future.

I-797A: Arrival/Departure Record

When someone who is not a U.S. citizen or permanent resident enters the United States, they usually receive Form I-94 (Arrival/Departure Record). If for some reason the I-94 isn’t available, Form I-797A acts as a replacement. It’s also used when a person changes their address within the U.S. While it may look like an official immigration document, it does not grant immigration status on its own.

I-797B: Notice of Action (Employment-Based Immigrant Visas)

For people applying for employment-based immigration visas, such as the EB-2 or EB-3 visa, the petitioner will receive Form I-797B once the petition (Form I-140) is approved. This notice does not include an I-94, so it’s not used to track entry or departure, but it’s an important document for confirming the approval of your employment petition.

I-797C: Receipt and Processing Updates

Form I-797C is a more common form used to inform you about the progress of your application or petition. It might tell you when your petition has been:

  • Received
  • Transferred to another office
  • Rejected
  • Reopened

In addition, this notice may provide essential details about upcoming appointments, such as interviews, fingerprinting, or biometric appointments. Reading this notice carefully is crucial, as it contains vital instructions. Missing an appointment could delay your immigration process.

Since April 2, 2012, Form I-797C will include the text: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” Although this form doesn’t grant immigration benefits directly, it can be used to support certain local benefits, so it’s important to keep it for your records.

I-797D: Benefit Card Mailing Notice

When USCIS sends certain benefit cards, such as a green card or work permit, it will also send Form I-797D to inform you that the card is on its way. This form serves as a cover letter for your green card, work permit, or other important immigration documents.

I-797E: Request for Evidence (RFE)

Sometimes, USCIS may need more information to decide on your application. In this case, they will send you Form I-797E, which is a “Request for Evidence” (RFE). The RFE will specify what additional documents or information you need to provide to move forward with your case. Be sure to respond to any RFE within the time frame given to avoid delays in your application.

RFEs can slow down the immigration process, so it’s best to avoid them by submitting a complete application the first time around. If you want tips on preventing an RFE, check out our dedicated article on how to avoid these requests.

I-797F: Transportation Letter for Travelers

If you are a green card holder who is outside the U.S. and your card is lost, stolen, or destroyed, you may need a Form I-797F, also known as a “Transportation Letter.” This letter allows you to board a plane and return to the U.S. without your green card. However, it does not guarantee admission into the U.S. — that decision is up to the U.S. Customs and Border Protection (CBP) officer.

Form I-797F does not replace a green card, so if you lose your card, you’ll need to apply for a replacement through the proper channels.

Why Keeping I-797 Forms Is Important

All the I-797 forms you receive are official notifications that could impact your immigration status. Whether it’s confirming that your petition has been approved, asking for additional evidence, or providing details about an upcoming appointment, these forms are critical for managing your case. Keeping them in a safe place can save you time and confusion later on.

How Law and Visas Can Help

Immigration can be a complex and overwhelming process, but you don’t have to navigate it alone. Law and Visas offers expert support from immigration attorneys who can guide you through every step of your application. Whether you need help understanding your I-797 form, submitting an application, or avoiding delays, we’re here to make the process easier for you.

Start planning your immigration journey with Law and Visas today. We can help simplify the process and ensure you meet all necessary requirements. Reach out to get personalized advice and professional assistance for your immigration case.

Start your immigration process with confidence today with Law and Visas.

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