I-797 Notice of Action

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 What is I-797 Notice of Action?

Citizenship and naturalization applicants refers to individuals who reside outside the United States who are applying to be citizens of the United States. In order to do so, it is important to have an understanding of the naturalization process, as well as the correct information regarding citizenship.

The links below include basic information for individuals interested in United States citizenship, who wish to learn more about the eligibility requirements for immigration, as well as the application process:

Once an individual has begun the immigration process, there are many different forms that they will receive throughout the immigration process from United States Citizenship and Immigration Services (“USCIS”).

One of those forms is a Form I-797. In short, a Form I-797 is a notice of action form that is sent to persons who have recently filed a United States visa application. Specifically, a Form I-797 letter confirms that the government has received the visa application, or has made a decision to approve your application. Additionally, the Form I-797 may also request an action that needs to be made concerning the immigration case.

Because of the importance of the Form I-797 it is important to keep any and all documents that you receive regarding your immigration case. These forms are often crucial and serve as proof of your immigration benefits or contain crucial information regarding how you can obtain immigration benefits to live in, work in, or travel to the United States.

It is important to note that because a Form I-797 is a notice of action, there can be many different forms that the letter can take. As such, this article serves to explore the various different types of Form I-797 letters that one may receive during an immigration case.

What Are the Different Types of Form I-797 Letters?

In short, there are seven different Form I-797 letters that one may receive from USCIS, which include:

  • Form I-797, Notice of Action
  • Form I-797A, Notice of Action
  • Form I-797B, Notice of Action
  • Form I-797C, Notice of Action
  • Form I-797D, Notice of Approval Action
  • Form I-797E, Notice of Action
  • Form I-797F, Notice of Transportation Letter

Form I-797A, Notice of Action

A Form I-797A is a form that is sent to an applicant for travel purposes. Specifically, this form replaces an individual’s Form I-94, and serves to record the dates when noncitizens may enter and leave the United States. Additionally, the form also informs the noncitizens as to how long that they can remain in the United States during each of their visits.

Individuals that have received a Form I-797A have had their immigration benefit request approved. The form also serves as evidence of that noncitizen legal status in the United States during the validity period that is stated in the letter. As such, it is important for any individuals that have received this notice of action to keep a copy of the document on their person.

In other words, and and all individuals in the United States need this form, unless they fit into one of the following categories:

  • They are a United States citizen
  • They are a resident immigrant
  • They are an individual with an immigrant visa
  • They are visiting or an in-transit Canadian citizen

Form I-797B, Notice of Action

Similar to Form I-797A, a Form I-797B is another notice of action that concerns a noncitizen’s right to be in the United States. However, the Form I-797B also allows the noncitizen to earn a living while they are in the United States.

Specifically, USCIS sends a Form I-797B to a noncitizen after it approves their Form I-140 (i.e. their petition for the noncitizen’s work authorization), which is filed by the noncitizen, their employer, or a third party.

Form I-797C, Notice of Action

The Form I-797C is a notice of action that notifies noncitizens about the following actions on their immigration case

  • An action regarding their case reopening
  • Notice of a date and time of a scheduled immigration-related interview
  • Notice of a rescheduling of an immigration-related appointment
  • Notice of USCIS’ receipt of their application or petition
  • Notice of USCIS’ rejection of an immigrant’s application or petition
  • Notice of a time and date for an appointment for fingerprint biometrics, which must be completed by the applicant
  • Notice of any other additional actions that USCIS has taken related to their immigration case

It is important to note that you need to pay extra close attention to any Form I-797C you receive as these may contain actions that you need to take on your immigration task. Paying attention to these forms will allow you to avoid missing important appointments or tasks that are needed to maintain or adjust your immigration status.

Form I-797D, Notice of Approval

A Form I-797D is a form that is given to an applicant when they receive an immigration benefit card. As such, noncitizens may utilize the Form I-797D to prove that they have been approved for and received their green card (i.e. their permanent resident card) or work permit.

It is important to note that a Form I-797D is not a notice of action, but rather a letter that comes with stated benefits. Thus, if you receive Form I-797D, you don’t need to take any action. Instead, the form will outline the benefits that come with the green card you are receiving.

Form I-797E, Notice of Action

Before USCIS and the government grants immigration benefits to an individual, they will typically request a large amount of information from a benefit applicant or person petitioning on another’s behalf. Information that USCIS may request may include all of the following:

  • Financial documents related to the applicant
  • Records of the applicant’s employment history
  • The applicant’s birth certificate
  • Immigration documents
  • The applicant’s criminal history records
  • Any marriage certificates
  • An applicant’s tax returns
  • Any witness statements related to the immigration case
  • Copies of an applicant’s identification cards
  • Copies of an applicant’s education records

After an application has been received, if USCIS concludes that it doesn’t have all the information that it needs to make a determination about the application, USCIS may send the petitioner a Form I-797E to request more evidence from the applicant. As such, it is important to timely respond and keep record of any Form I-797E letters that you receive.

Form I-797F, Transportation Letter

Form I-797F is another type of notice of action that concerns travel. Specifically, it is a document issued by USCIS to lawful permanent residents who are overseas and have a lost, stolen, or destroyed green card. This document serves as proof of their lawful permanent resident status and allows that individual to travel into the United States.

Do I Need a Lawyer for Help With an I-797 Notice of Action?

It is important to note that it is possible to address immigration issues and Form I-797 letters through the assistance of an immigration agency, or by obtaining information from government websites. However, the immigration process can often become increasingly complex, and missing a deadline for a request for immigration may result in your application or petition being outright denied.

As such, if you have a serious or a pressing immigration issue, or if you have any questions regarding a Form I-797 letter that you have received, it is recommended to consult with an experienced immigration lawyer in your area. LegalMatch can assist you in finding an experienced lawyer in your area and setting up an initial consultation with them.

An experienced immigration attorney can help you understand any forms that you may have received, as well as understand your legal rights and options. An attorney will also be able to represent you in court, as needed, should any legal issues arise.

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