If you recently received a Form I-797 Notice of Action from U.S. Citizenship and Immigration Services (USCIS), it’s simply a “form” of communication. USCIS, like many government organizations, uses form numbers to identify various documents. In the immigration context, you may also hear people refer to it as an "NOA." This article explains the various types of Form I-797 and their uses.
You may be familiar with applications from USCIS that have a form number. But even documents such as a green card have an official form number; Form I-551 is the form number assigned to a green card. Virtually every document they send you has a form number. This includes letters, notices, approvals and other types of communication.
USCIS uses several different types of Form I-797 to communicate with customers or convey an immigration benefit. It has many different purposes. Form I-797 is not a form you can fill out. Nonetheless, Form I-797, Notice of Action, may communicate very important information about your case.
Form I-797, Notice of Action Explained
USCIS issues the I-797 Notice of Action when it approves an application or petition. You may also hear people refer to it as an “approval notice.” The Form I-797 Notice of Action is an official letter of approval that can serve as proof of certain immigration benefits and may be used as evidence in some cases. It’s an important document that you should save in a safe place.
For example, the Form I-797 Notice of Action pictured above is an approval notice for an I-130 petition.
Form I-797A, Notice of Action
USCIS issues Form I-797A to applicants as a replacement Form I-94 arrival/departure record. The most common reason for issuing Form I-797A is an address change. The I-797A is an approval for the address change and is evidence of the applicant’s lawful presence in the United States. An applicant can continue their stay in the U.S. through the specified date listed on the I-94 that is located at the bottom portion of Form I-797A.
Form I-797B, Notice of Action
Form I-797B is issued for the approval of an alien worker petition but does not include an I-94 arrival/departure record. USCIS issues I-797B to applicants who are currently residing in the United States and also to applicants applying from their home country. Applicants who receive Form I-797B and do not currently reside in the U.S. must go for visa stamping in their home country in order to enter the U.S.
Form I-797C, Notice of Action
USCIS will send Form I-797C, Notice of Action, to a customer in order to communicate information related to notices of:
- Receipt Notice: USCIS issues a receipt notice following the filing of a petition or application. The letter confirms receipt of the case by USCIS as well as payment of filing fees. It also contains a receipt number to track the case online.
- Rejection Notice: A rejection notice is issued when a filing is not accepted for procssing due to incomplete information, incorrect information, or incorrect payment.
- Transfer Notice: USCIS occasionally transfers cases to other service centers or offices to improve processing times. A transfer notice informs petitioners and applicants when files are relocated to another USCIS office.
- Re-open Cases: A notice of reopening advises that a previously-denied case has been reopened and is being processed.
- Appointment Notice: Appointment notices may be for biometric appointment, interview or other types of USCIS appointments. The letter communicates the appointment date and time for the applicant.
If you receive an I-797C receipt letter, it will contain a receipt number. Use the receipt number to check the status of your case. The receipt letter is a letter that proves an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit. For example, after successfully filing Form N-400 to become a naturalized U.S. citizen, USCIS will mail you Form I-797C as confirmation that they have received and accepted your application. It does not mean that USCIS has approved your application for naturalization.
When you receive Form I-797C in the mail, read it carefully. Failure to act on a required action can lead to a delay in your case.
Form I-797D, Notice of Action
Form I-797D is the letter that comes with certain benefit cards. If USCIS mails a permanent resident card (green card) or employment authorization card (work permit), it will be accompanied by Form I-797D.
Form I-797E, Notice of Action
Form I-797E, Notice of Action, is more commonly known as a Request for Evidence (RFE). The letter is a request for additional documentation to support an application or petition that you’ve filed with USCIS. If you receive this letter, it’s your responsibility to submit the evidence requested in Form I-797E.
Read the notice carefully and submit the evidence within the time frame stated on the Form I-797E. Failure to respond or submit the evidence as requested will delay your case and may result in a denial.
Form I-797F, Notice of Action
Form I-797F is a transportation letter that’s issued overseas to allow applicants to travel to the United States. It’s typically issued to lawful permanent residents (green card holders) who are outside the U.S. and whose green card is lost, stolen or mutilated. Permanent residents who have been outside the United States for less than one year, may obtain a transportation letter by filing Form I-131A, Application for Travel Document (Carrier Documentation).
Strategies to Replace a Notice of Action
All too often, Notices of Action can get lost in the mail. This can be a major inconvenience for individuals waiting on important appointment information, and it can be a major obstacle for those needing an approval notice to move forward. USCIS has failed to provide a simple way to reliably and quickly replace these documents, but we can offer thse strategies to replace a Form I-797, Notice of Action:
Use Your USCIS Online Account
In certain situations, you may be able to download a Notice of Action from your USCIS online account. If you have an online account, USCIS will post some of these documents as PDF files which you may reprint as needed. For example, an appointment notice can simply be reprinted. Unfortunately, if you do not already have a USCIS online account, this option is not available.Submit a Case Inquiry
Your next option may be to create a case inquiry. USCIS provides a self-service, online tool to make this inquiry. Go to the USCIS case inquiry page and select the option for "Did not receive notice by mail." After answering the questions through the online form, it may take USCIS up to 30 days to respond to your inquiry with a response. Unless you're luckly, it's likely that USCIS will ask you to file Form I-824 to replace your I-797.File Form I-824
The most reliable way to replace your Form I-797, Notice of Action, is to file another form called Form I-824, Application for Action on an Approved Application or Petition. Unfortunately, this method does require a filing fee and a procesing time of several months. Additionally, you must file Form I-824 while the validity dates on the I-797 are still current/active. You cannot request a duplicate notice for an approval notice that is beyond it's validity dates.File a FOIA Request
Finally, your last option may be to request documents through a Freedom of Information (FOIA) Request. This may be helpful when you need proof of a USCIS action (such as an approval). Filing Form G-639 for a FOIA request is free, but it is time intensive and may not produce exacly what you're looking for. For example, it's not likely that USCIS has a copy of an I-797 Approval Notice in their files, but they should have a copy of the original application or petition with an approval stamp. In many situations where proof of an approved benefit is needed, this approved form will satisfy the requirement. It isn't the I-797 Notice of Action, but it is evidence of an approval.
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