Form I-797 is known as “Notice of Action”. Form I-797 is a document issued by the U.S. Citizenship and Immigration Services (USCIS) to inform applicants or petitioners about the status of their submissions. Form I-797 is generally known as a “receipt notice” or “approval notice”. Other types of Form I 797 are used to inform of rejection, transfer or reopen cases, or serve as notice of appointment.
The I 797 form is an important document that must be kept by petitioners and applicants since it contains the receipt number to check case status online, admission and travel details, and instructions for additional requests for evidence. The I-797 form does not grant any immigration benefits and only serves as a notice though some I-797 types come with benefit cards such as a US Green Card or Work Permit.
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What is Form I-797?
Form I-797 is also known as “Notice of Action”. Form I-797 is sent by the U.S. Citizenship and Immigration Services (USCIS) in response to immigrant and nonimmigrant petitions. Form I-797 is not a typical U.S. immigration form that you fill out and instead serves as a means of communication with petitioners and applicants.
What is Form I-797 Used for?
Form I 797 is generally used to communicate receipt or approval of your application or petition. The specific use of Form I 797 is based on the form type you receive. Other types of the I-797 form serve to request additional evidence, send benefit cards, or allow certain persons overseas to travel to the US.
How Does Form I-797 Look Like?
The U.S. Citizenship and Immigration Services (USCIS) indicates the changes in the appearance of Form I 797 C before and after April 2, 2012 on their website. Form I-797 C is also known as “Notice of Action”.
Form I 797 C issued after April 4, 2012 will have the following characteristics.
- Includes a “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT” header.
- Printed on plain paper.
- Contain the disability accommodation information on the reverse side.
Form I 797 C issued before April 4, 2012 has the following characteristics.
- Includes a Department of Homeland Security (DHS) seal.
- Printed on more expensive bond paper.
What are the Different Types of Form I-797?
USCIS issues a different I 797 form depending on the type of response needed for an application or petition. The following are the 7 types of USICS Form I-797.
1. Form I-797
Form I-797 is the document issued to immigrant and nonimmigrant petitioners or applicants notifying them of the receipt or approval of their forms. This first type of the I 797 form is hence commonly termed a “receipt notice” or “approval notice”. Your I 797 form includes information about your application or petition and contains the 13-digit code used to track your case status through the USCIS website.
2. Form I-797A
Form I-797A serves as a replacement for Form I-94. Form I-797A is known as “Notice of Action” while Form I-94 is known as “Arrival/Departure Record”. Form I-94 is the travel document issued to foreign citizens who are admitted to the United States, adjusting status while in the US, or extending their stay in the country. Form I 797A is issued when I-94 is unavailable as evidence that the foreign citizen is granted the right to legally stay in the US. Issuance of the I-797A form usually means that your request for an extension or adjustment of status has been approved. Another common reason for issuing I-797A is when you changed your address while in the USA. Your Form I-797A will include your date of admission, class of admission, and the end date of your admission.
3. Form I-797B
Form I-797B is the approval notice for Form I-140. Form I-797B is known as “Notice of Action” while Form I-140 is known as “Immigrant Petition for Alien Worker”. Form I-140 is the USCIS document used by US employers to petition foreign workers for a Green Card (Permanent Residence). Issuance of Form I 797B means that the foreign employee is qualified for an Employment-based Immigrant Visa or an adjustment of status. The I-797B form does not contain I-94 form information so make sure that your request for extension has also been approved or that you obtain an Immigrant Visa stamp if you are outside the US.
4. Form I-797C
Form I-797C functions as a receipt notice or a notice of changes or updates on your case status. Form I 797 C is issued for the following purposes.
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- Receipt notice. Form I-797 receipt notice is USCIS’ acknowledgment of your petition or application and contains your receipt number to track your case status online.
- Rejection notice. The I-797C form is used to inform applicants or petitioners that have been rejected because of insufficient information or incorrect payments.
- Transfer notice. USCIS transfers applications or petitions to other field offices to aid with processing times. You will receive an I 797C transfer notice if your case has been relegated to a different USCIS office.
- Re-opening of cases. You will receive this I 797 C notice if your previously denied case has been reopened or is being processed.
- Notice of appointment. USCIS sends an I 797C form to notify you of fingerprint, biometrics, interview, or rescheduling of appointments.
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Certain state and local public or private benefit agencies recognize Form I-797C as qualifying proof for the benefits they administer. USCIS reminds applicants and private and public agencies that the I-797C form does not grant immigration benefits and only acts as a receipt notice for a filed request. For example, an applicant applying for US Citizenship through Form N-400 will be sent Form I-797C to confirm the submission. Form N-400 is also known as “Application for Naturalization”. However, the issuance of I 797C does not equal an approval notice of your Form N-400 Naturalization application.
5. Form I-797D
Form I-797D is the USCIS letter that accompanies benefit cards such as a Green Card or Work Permit. The Green Card is a document that grants immigration benefits such as the right to work and live permanently in the United States. A Work Permit (Employment Authorization Document) allows foreign citizens to obtain jobs legally in the United States. Keep your I-797D form in case you lose your USA benefit cards.
6. Form I-797E
Form I-797E is a document issued to request additional evidence required to adjudicate a petition or application. Form I-797E is also known as “Notice of Action”. An I-797E Request for Evidence (RFE) must be responded to within the time limit indicated by USCIS on the form to prevent further delay on your application or petition or the risk of rejection.
7. Form I-797F
Form I-797F is issued to overseas applicants to enable them to travel to the United States. Form I-797F is known as “Transportation Letter”. The I-797F form is typically sent to Permanent Residents who had their Green Cards lost, stolen, or damaged. You will receive the I 797F form after filing Form I-131A to return to the USA. Form I-131A is also known as “Application for Travel Document (Carrier Documentation)”.
How Long Does it Take to Process Form I-797?
USCIS processing of Form I-797 takes between 4 and 6 weeks after receiving your application or petition. The processing of your I 797 form depends on the USCIS office handling your case and the characteristics of your application or petition.
What Happens After Getting Form I-797?
You need to read the instructions on the specific USCIS Form I-797 you receive. Each type of the I-797 form serves a different purpose. Commonly Form I-797 serves to notify receipt or approval of your application or petition. In other instances, you are required to submit additional evidence, attend an appointment, or receive benefit cards.
Do I Have to Fill out Form I-797?
No, you do not have to fill out your Form I 797 but you need to keep this document since it contains important information such as your receipt number, I94 details, and instructions regarding your case.
What is Form I-797 Priority Date?
The I 797 form can include a priority date if you are applying for a US Visa or a Green Card. The priority date on I-797 is the date that USCIS received your application and determines where you are in the USA Visa line. The Visa Bulletin is updated monthly on the Department of State (DOS) website and shows the final action dates and priority dates per US Visa category. A matching final action date and priority date indicates a current status which means that an Immigrant Visa is readily available to you and you are able to adjust your status or apply for a USA Immigrant Visa to become a Permanent Resident.
How to Check Your Case Status After Losing Your Form I-797?
You need to contact USCIS to set an appointment if you lost your I-797. You have to bring the necessary identification documents to regain your receipt number and use them to check your case status online.
Do I Still Get My Form I-797 if I Changed My Address?
Yes, as long as you have informed USCIS of your new mailing address you will receive your I 797. You are able to update your address via your USCIS online account or through Form AR-11. Form AR-11 is known as “Alien’s Change of Address Card”.
Can I Travel with Form I-797?
Yes, Form I 797F allows you to travel to the United States if you are coming from abroad. You will receive your Form I-797F through your foreign mailing address particularly if you are a Permanent Resident with a compromised Green Card while outside the US.
Does Form I-797 Come with US Immigration Benefits?
No, USCIS reiterates that an I-797 receipt does not mean that you are eligible to receive US immigration benefits. The I-797 notice serves as proof of receipt of your application or petition however, certain types of Form I 797 include approval notices of your form or benefit cards such as a Green Card or Employment Authorization Document (EAD).
Can I Use Form I-797 as a US Visa?
No, Form I 797 is not intended to be used as a USA Visa. A US Visa is a stamp placed on the passports of foreign citizens who have been granted the right to enter the United States. A USA Visa is classified as either immigrant or nonimmigrant. Immigrant Visas allow you to permanently live in the USA as a Green Card holder. Nonimmigrant Visas allow for temporary US entry for purposes of employment, education, or tourism. Form I-797 is primarily a communication document used by USCIS to notify applicants and petitions of the status of their submissions.