Getting Your Green Card: All About the Form I-797 Correspondence from USCIS

Introduction

The I-797 approval notice stage is a critical step in the pathway to obtaining a green card. Once a case has been favorably adjudicated by USCIS, they will issue the I-797 approval notice showing that the immigrant’s application has been approved. For employment based immigrant petitions such as the I-140, an approval notice is an important milestone in the green card process and a step towards obtaining permanent residency in the United States. Understanding this stage in the green card process helps applicants better prepare as they move forward in the green card process. 

While this article provides valuable insights, remember it does not constitute legal advice. For personalized assistance with your immigration situation, please consult an immigration attorney. If you would like to speak with our lawyer, our customer care representative will happily arrange a call for you.

Types of I-797 Notices: What They Mean for Your Green Card Process

Once a case is properly submitted, USCIS uses different I-797 forms to give notice of important information to applicants, petitioners, and beneficiaries regarding their immigration status. These different I-797 confirm the status of the immigration petition and serve different purposes.

The chart below gives a brief description of each type of notice issued by USCIS:

Form I-797 Notice of Action

One type of I-797 notice is the I-797 Notice of Action, issued for all types of immigration benefits to communicate whether an application or petition has been received or approved by USCIS depending on the stage in the application process. 

Once the petition is properly filed, applicants can generally expect to receive an I-797 receipt notice within two to three weeks. 

For some types of petitions, premium processing service is available to guarantee a decision within a faster period of time by filing Form I-907 Request for Premium Processing Service along with the appropriate filing fee. For a list of forms eligible for premium processing, please visit the USCIS webpage here. 

Once you have filed a request for premium processing service, you will receive an I-797 receipt notice indicating that your application has been received and accepted as a premium processing case. An I-797 approval notice is issued once the case is approved. USCIS case processing times can vary depending on the petition you have filed and current backlogs. 

Form I-797A

Another type of notice is Form I-797A, which is issued to an applicant as a replacement Form I-94. Form I-94, also known as the Arrival/Departure Record, is a document issued by the Department of Homeland Security (DHS) to nonimmigrants as proof that they have been legally admitted to the United States. It indicates the period of time they are allowed to stay in the U.S.

When an applicant files a change or extension of status with USCIS on Form I-129, the I-797A can be issued as an approval notice for a case. In these types of cases, the applicant will receive a new I-94 on the bottom of the I-797A notice. 

Form I-797B

By contrast, Form I-797B is an approval notice that does not replace an I-94. The I-797B simply shows that an application has been approved. A general example of this would be an H-1B employee with an approved I-129 petition who is seeking consular processing. 

I-797C, D, E, and F

Moving onto the I-797C, this form is used for various purposes that include notifying applicants of: 

• Interview appointments
  
• Biometrics appointments
  
• Appointment rescheduling
  
• Case receipts
  
• Case transfers
  
• Reopened cases
  
• Case rejections
  

If an applicant receives Form I-797C, it’s a good idea to read the notice thoroughly and communicate with your immigration attorney to understand its legal significance.

Next, Form I-797D generally accompanies benefit cards and explains immigration benefits associated with approval. Applicants generally receive an I-797D if their green card or work permit is approved. The Form I-797E is a request for evidence (RFE) issued when USCIS needs additional evidence regarding a pending case. The RFE will include details regarding the exact documents that USCIS is requesting and a deadline by which the petitioner must submit the requested documentation.

Finally, Form I-797F, a transportation letter, is issued to U.S. permanent residents overseas to allow applicants to travel to the U.S. if their green card is lost. 

Each I-797 notice serves a specific purpose and an important function in the immigration process. 

Understanding the I-797 Approval Notice for Green Card Applicants

The I-797 approval notice for green card applicants is an essential document that plays a crucial role in the immigration process. There are several important functions that applicants should be aware of who receive an I-797 Approval Notice from USCIS. 

Tracking Your Application Status

Once an applicant has properly submitted their application, USCIS provides several methods for applicants to stay informed about their case. 

• USCIS Online Account: Applicants can create a USCIS online account to receive updates about their cases, including U.S. Postal Service (USPS) tracking numbers when important documents are mailed such as travel documents, work permits, or green cards.
  
• Case Status Online: For those without a USCIS online account, the Case Status Online tool allows applicants to check the status of their cases.
  
• USPS Informed Delivery: Applicants can register for the U.S. Postal Service Informed Delivery which provides daily images of mail being sent to the applicant, allowing them to track expected packages, set up email and text alerts, and enter USPS Delivery Instructions.

The USCIS implemented the Secure Mail Initiative for USPS Priority Mail to ensure the secure and timely delivery of important immigration documents.  

Using the I-797 Notice for Benefits

The I-797 notice by itself does not grant any immigration benefits, however, it can be used as supporting evidence in situations like: 

• Pending Cases: The I-797 receipt notice can be used to show that an immigration application has been submitted and is pending with USCIS. This is important in situations where proof of pending immigration status is needed. 
• Collateral Evidence: A wide variety of benefit-granting agencies may accept the Form I-797 approval notice as evidence when granting benefits. For example, when an O-1 visa application has been approved by USCIS, the beneficiary may present their I-797 (O-1 approval notice and Form I-94) while visiting their local Department of Motor Vehicles to apply for a state driver’s license, or to apply for a Social Security Number with the Social Security Administration (SSA). The same is true where a Form I-765 Application for Employment Authorization (EAD) has been approved. 
• Appointment information: Form I-797C may contain important information about upcoming appointments, like interviews. Make sure to thoroughly read through the notice so that you do not miss any upcoming appointments that can delay the immigration process.
• Benefit Card Notification: When an applicant receives Form I-797D, it serves as a notification the applicant has been approved for and received their green card.

While the I-797 approval notice is an important document and step in the immigration process, it does not grant any immigration benefits.The I-797 approval notice should be kept in a safe place as this notice can help prove eligibility for certain benefits, track the application process, and ensure compliance with USCIS requirements. 

Steps After Receiving the I-797 Approval: Preparing for Your Green Card

Once a green card applicant receives an I-797 approval notice, there are several important steps to take in the immigration process. 

Waiting for your Green Card (Permanent Residency)

Generally, if USCIS approves Form I-765 and the applicant has completed the section requesting an SSN card, USCIS will send the applicant’s information to the Social Security Administration (SSA) to issue the SSN card. The SSN will be mailed to the address listed on the I-765 application and usually arrives in seven business days or less after the applicant receives the Employment Authorization Document from USCIS. 

When waiting for the Green Card to arrive, the applicant should monitor the status of delivery. If any of the following case happen, the applicant should submit an e-Request right away:

• An applicant has received the welcome notice but believes there is an error
• It’s been over 30 days since becoming a permanent resident, but the applicant has not received correspondence from USCIS;
  
• It’s been over 30 days since the welcome notice was received, but the applicant has not received the green card;
  
• The applicant has questions about their new status as a permanent resident;
  

Applying for a Social Security card

Obtaining a Social Security Number (SSN) is essential to various aspects of life within the United States, including working in the U.S., receiving paychecks, opening a bank account, applying for credit cards, and more. 

To help streamline the process, applicants can apply for an SSN and work permit using the same form, known as Form I-765 Application for Employment Authorization, which is typically submitted along with the green card application known as Form I-485. 

Generally, if USCIS approves Form I-765 and the applicant has completed the section requesting an SSN card, USCIS will send the applicant’s information to the Social Security Administration (SSA) to issue the SSN card. The SSN will be mailed to the address listed on the I-765 application and usually arrives in seven business days or less after the applicant receives the Employment Authorization Document from USCIS. 

Applicants who did not request an SSN card on their I-765 application will need to visit a Social Security office after receiving the Employment Authorization Document from USCIS to apply for one. When visiting the SSA office, the applicant will need to bring the following documents: 

• The I-765 approval notice and Employment Authorization Document (EAD work permit) form USCIS to prove their work authorization
• Birth certificate (if not available, a foreign passport, U.S. military record, or a religious record showing age or date of birth)

Generally, the SSN card will be issued within two weeks after SSA has received all necessary information, including verifying the immigration document with USCIS. 

Maintaining your records

After an applicant receives the I-797 approval notice, it’s essential to keep all immigration-related documents up-to-date and easily accessible. This can include: 

• Verifying the accuracy of the I-797 approval notice, double-checking that all the details on the notice are correct
  
• Reviewing the conditions on the I-797 approval notice, including validity dates or special instructions
  
• Following any accompanying instructions carefully, which can include responding to a request for further evidence or attending an interview
  
• Maintaining complete records by keeping the original I-797 approval notice in a safe place and making copies for future reference

It’s important to notify USCIS quickly to correct any errors that are found. 

Conclusion

The pathway to obtaining a green card involves many different stages, with the I-797 approval notice marking a significant milestone. The I-797 approval notice confirms the approval of the immigrant’s petition and notifies the applicant that they will soon receive their permanent resident card in the mail. Understanding the various types of I-797 forms, their purposes, and the next steps after receiving correspondence from USCIS is essential to navigate the path to permanent residency. 

If you are interested in discussing this topic, please schedule a call with our customer care team to learn more about how our attorneys can help you.

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