Ask a lawyer:
What are the necessary elements for a successful I-824 application for action on an approved application or petition?

mwakili.com

Introduction

In the context of U.S. immigration law, Form I-824, Application for Action on an Approved Application or Petition, is used to request further action on a previously approved application or petition. This form is typically utilized when the original decision has been lost, stolen, or mutilated, or when the applicant needs to notify a U.S. Consulate or Port-of-Entry about the approval of a nonimmigrant visa petition or a waiver application. However, since the query pertains to the necessary elements for a successful I-824 application, it is crucial to understand the specific requirements and steps involved in the process.

Overview of Form I-824
Necessary Elements for a Successful I-824 Application
- 2.1 Eligibility Criteria
- 2.2 Required Documentation
- 2.3 Filing Process
- 2.4 Fees and Payment
- 2.5 Common Pitfalls and How to Avoid Them
Relevant Case Laws and Legal Precedents
Conclusion
TLDR

1. Overview of Form I-824

Form I-824, Application for Action on an Approved Application or Petition, is used by applicants to request further action on a previously approved application or petition. This form is not applicable if the original petition or application is still pending or has been denied. The primary purposes of filing Form I-824 include:

Requesting a duplicate approval notice.
Notifying a U.S. Consulate or Port-of-Entry about the approval of a nonimmigrant visa petition.
Requesting the transfer of an approved petition to the National Visa Center (NVC).

2. Necessary Elements for a Successful I-824 Application

2.1 Eligibility Criteria

To be eligible to file Form I-824, the applicant must meet the following criteria:

The original application or petition must have been approved by the U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP).
The approval must still be valid and not revoked or expired.
The applicant must have a valid reason for requesting further action, such as needing a duplicate approval notice or notifying a U.S. Consulate.

2.2 Required Documentation

The following documents are typically required when filing Form I-824:

A completed and signed Form I-824.
A copy of the original approval notice (Form I-797, Notice of Action).
Proof of identity, such as a passport or government-issued ID.
Any additional documentation supporting the request, such as evidence of the need for a duplicate approval notice or a letter explaining the reason for the request.

2.3 Filing Process

The filing process for Form I-824 involves several steps:

Complete the Form: Fill out Form I-824 accurately and completely. Ensure that all required fields are filled and that the form is signed.
Gather Supporting Documents: Collect all necessary supporting documents, including a copy of the original approval notice and proof of identity.
Pay the Filing Fee: The filing fee for Form I-824 is $465. Payment can be made by check, money order, or credit card using Form G-1450, Authorization for Credit Card Transactions.
Submit the Application: Mail the completed Form I-824, along with the supporting documents and filing fee, to the appropriate USCIS Lockbox facility. The mailing address depends on the applicant's location and the type of petition or application being referenced.

2.4 Fees and Payment

The filing fee for Form I-824 is $465. Payment can be made by check, money order, or credit card. If paying by check or money order, it should be made payable to the "U.S. Department of Homeland Security." If paying by credit card, Form G-1450, Authorization for Credit Card Transactions, must be included with the application.

2.5 Common Pitfalls and How to Avoid Them

Several common pitfalls can lead to delays or denials of Form I-824 applications. These include:

Incomplete or Inaccurate Form: Ensure that all required fields are filled out accurately and completely. Double-check for any errors or omissions.
Insufficient Supporting Documentation: Provide all necessary supporting documents, including a copy of the original approval notice and proof of identity.
Incorrect Filing Fee: Ensure that the correct filing fee is included with the application. If paying by check or money order, make sure it is made payable to the "U.S. Department of Homeland Security."
Wrong Mailing Address: Mail the application to the correct USCIS Lockbox facility based on the applicant's location and the type of petition or application being referenced.

3. Relevant Case Laws and Legal Precedents

While there are no specific Kenyan case laws directly related to Form I-824, understanding the general principles of administrative law and procedural fairness can be beneficial. In Kenya, the Fair Administrative Action Act, 2015, provides a framework for ensuring that administrative actions are lawful, reasonable, and procedurally fair. This act can offer insights into the principles that underpin the processing of applications like Form I-824.

Relevant Kenyan Case Laws

Republic v. Public Procurement Administrative Review Board & 2 others Ex-Parte Selex Sistemi Integrati [2008] eKLR: This case emphasizes the importance of procedural fairness in administrative actions. The court held that administrative bodies must act fairly and provide reasons for their decisions.
Judicial Service Commission v. Mbalu Mutava & another [2015] eKLR: This case underscores the right to fair administrative action as enshrined in Article 47 of the Kenyan Constitution. The court emphasized that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair.

4. Conclusion

Filing Form I-824, Application for Action on an Approved Application or Petition, requires careful attention to detail and adherence to the specific requirements outlined by the USCIS. By ensuring that the form is completed accurately, all necessary supporting documents are included, and the correct filing fee is paid, applicants can increase their chances of a successful outcome. Understanding the principles of procedural fairness and administrative law, as demonstrated in relevant Kenyan case laws, can also provide valuable insights into the process.

5. TLDR

To successfully file Form I-824, ensure you meet the eligibility criteria, complete the form accurately, provide all necessary supporting documents, pay the correct filing fee, and mail the application to the appropriate USCIS Lockbox facility. Understanding principles of procedural fairness can also be beneficial.

Sources