What is Form I-797?
Form I-797, also known as the “Notice of Action,” is a critical communication tool used by U.S. Citizenship and Immigration Services (USCIS). It serves as a notification to individuals regarding their immigration applications or petitions. Unlike other immigration forms, I-797 does not require any action or submission from the applicant. Instead, it informs about the receipt, decision, or status of a particular case.
Types of Form I-797
1. I-797A: Notice of Action
Form I-797A is issued primarily as a replacement for the Form I-94, Arrival/Departure Record. This form is particularly relevant for non-citizens who may need to update their records due to a change in address or other circumstances. It is used when the Form I-94 is not available, serving as proof of legal status or authorization during the stay in the U.S.
2. I-797B: Notice of Action
This form is used to notify individuals when their employment-based immigrant petition, such as Form I-140 (Immigrant Petition for Alien Workers), has been approved. It is important to note that I-797B does not include an I-94 record.
3. I-797C: Notice of Action
Form I-797C is a versatile notice that communicates various updates regarding an application or petition. This includes:
- Receipt of Application: Confirmation that USCIS has received your application or petition.
- Transfer of Application: Notification if your case has been transferred to another office.
- Re-opening of Application: Information if your case has been re-opened.
- Rejection of Application: Notice if your application or petition has been rejected.
- Appointment Notifications: Details about upcoming appointments for interviews, biometrics, or fingerprinting.
It is crucial to read Form I-797C carefully, as it may include important instructions or deadlines. Any Form I-797C issued after April 2, 2012, is printed on plain paper and includes a disclaimer that it does not grant any immigration status or benefits, though it might be used as evidence in certain state or local benefits situations.
4. I-797D: Notice of Action
Form I-797D accompanies certain benefit cards, such as green cards or work permits. This notice confirms the issuance of these documents and is generally sent with the benefit card itself.
5. I-797E: Notice of Action
Form I-797E is issued when USCIS needs additional evidence to make a decision on your application. This is known as a Request for Evidence (RFE). It is essential to respond promptly and accurately to avoid delays in your case processing.
6. I-797F: Transportation Letter
Form I-797F is used to facilitate travel into the U.S. for individuals who have lost their green card or other important documents while abroad. This letter does not guarantee entry into the U.S. but is used to help board the plane. Admission decisions are made by Customs and Border Protection (CBP) officers at the port of entry.
Form I-797, Notice of Action, plays a crucial role in the U.S. immigration process by providing important updates and notifications about your application or petition. By understanding the different types of I-797 forms and following their instructions, you can effectively manage your immigration journey. Keep these notices in a safe place, adhere to any deadlines, and seek professional assistance if needed to ensure a smooth process.
FAQs: I-797 Notice of Action Overview
Have more questions about what is Form I-797C, Notice of Action? Read answers to common questions below.
What should I do if I receive an I-797 Notice of Action?
Carefully read the notice to understand what it communicates. Follow any instructions provided, and keep the document for your records as it may be needed for future reference.
How can I distinguish between different types of I-797 forms?
Each type of I-797 serves a different purpose:
- I-797A: Replacement for Form I-94
- I-797B: Approval of employment-based petitions
- I-797C: Various updates and notifications
- I-797D: Accompanies benefit cards
- I-797E: Request for additional evidence
- I-797F: Transportation letter for re-entry
Does Form I-797C grant any immigration benefits?
No, Form I-797C itself does not grant any immigration status or benefits. It serves as a receipt or notification related to your application or petition status.
What should I do if I receive a Request for Evidence (RFE)?
Respond to the RFE by gathering and submitting the requested evidence within the specified timeframe to avoid delays in your case.
Can I use Form I-797F to enter the U.S. if I have lost my green card?
Form I-797F can assist with boarding a plane, but it does not guarantee U.S. entry. A CBP officer at the port of entry will make the final decision on admission.
Related Resources
Green Card Overview: Timeline, Costs, and Types
Green Card Benefits Explained
How to Become an American Citizen: Naturalization Guide
Green Card Number Overview: Understanding and Locating
