Form I-797C, officially known as the Notice of Action, is a communication from the United States Citizenship and Immigration Services (USCIS). It serves to inform applicants or petitioners about various actions taken on their case. These actions can include:
- Receipt of application or petition
- Rejection of application or petition
- Transfer of case
- Re-opening of a case
- Appointments for fingerprinting, biometrics, interviews, or rescheduled appointments
Receiving a Form I-797C requires careful attention. Ignoring the instructions provided within the notice can lead to delays in the processing of your immigration case. The key question many applicants have is: “Can I travel with I-797C?” The answer is generally no, as it usually doesn’t grant any immigration status or benefits.
Understanding the Format of Form I-797C
Since April 2, 2012, the Form I-797C has been printed on plain paper. A crucial header is included, stating: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”
Prior to April 2, 2012, the form was printed on higher-quality bond paper and included a DHS seal. The change to plain paper was implemented to reduce government costs. Additionally, after April 12, 2012, disability accommodation information was added to the reverse side to minimize paper usage.
It is important to note that previous versions of Form I-797C issued before April 12, 2012, remain valid and should be retained for your records.
Does Form I-797C Grant Immigration Benefits?
USCIS acknowledges that some state, local, public, or private benefit-granting agencies might consider Form I-797C as supporting evidence when awarding benefits. However, it is critical to remember that Form I-797C is merely a receipt confirming that an applicant has submitted a request for an immigration benefit. It does not indicate that USCIS has determined the applicant’s eligibility for that benefit. Therefore, it’s important to understand you usually cannot travel with I-797C alone.
Traveling with I-797C: What You Need to Know
The I-797C form by itself is not a travel document. It simply acknowledges that USCIS has received or taken action on your case. To travel internationally and return to the United States, you generally need a valid visa, green card, or Advance Parole document, depending on your immigration status.
- Valid Visa: If you are a non-immigrant visa holder, ensure your visa is valid for reentry.
- Green Card: Lawful Permanent Residents (Green Card holders) can typically travel with their Green Card.
- Advance Parole: If you have a pending application for Adjustment of Status or are in another specific immigration category, you may need Advance Parole to re-enter the U.S. without abandoning your application. Always consult official USCIS guidelines.
Having the I-797C can be helpful as supplemental documentation to show you have an application pending with USCIS, but it does not guarantee entry into the United States.
Important Considerations Regarding Form I-797 Notices
There are several types of Form I-797 notices. It is important to correctly identify which one you have as some versions of form I-797 do grant benefits and can be used for travel, depending on the circumstances.
- Form I-797 (Approval Notice): This form indicates that USCIS has approved your petition or application. Depending on the specific situation and the information written on the form, in some instances, it can be used for travel. It’s critical to read all the instructions on the notice.
- Form I-797F (Transportation Letter): This document allows individuals outside the United States to travel to the U.S. after their visas have expired or been lost.
Always consult with an immigration attorney or refer to official USCIS resources for clarification on whether your specific Form I-797 allows for travel.
Conclusion: Knowing the Limitations of Form I-797C
In conclusion, while Form I-797C, Notice of Action, is an important document for tracking your immigration case, it generally does not grant any immigration status or benefit. Therefore, you typically cannot travel with I-797C alone. Always rely on appropriate travel documents such as a valid visa, Green Card, or Advance Parole when planning international travel. Contacting USCIS directly or seeking guidance from a qualified immigration attorney can provide clarity on your specific situation and ensure you have the correct documentation for re-entry into the United States.
