The follow-to-join process using Form I-824 allows certain family members of lawful permanent residents to obtain immigrant visas and join them in the United States. This process is commonly used when a principal applicant receives a green card through adjustment of status while their spouse or children remain abroad.
Form I-824, Application for Action on an Approved Application or Petition, allows applicants to request that USCIS notify the U.S. Department of State of their permanent resident status. This notification enables eligible family members to apply for immigrant visas at a U.S. consulate overseas and reunite with the principal applicant in the United States.
What Is Form I-824?
Form I-824 is used to request additional action on a previously approved immigration application or petition. It is commonly used to notify a U.S. consulate that a principal applicant has obtained lawful permanent resident status and that their spouse or children may apply for immigrant visas through the follow-to-join process.
Once USCIS approves Form I-824, it forwards the relevant approval information to the National Visa Center (NVC). The NVC then processes the immigrant visa applications for the qualifying family members.
What Does “Follow-to-Join” Mean?
Follow-to-Join Definition
The follow-to-join benefit allows certain family members of a principal immigrant to obtain immigrant visas without filing a separate immigrant petition.
Eligible family members may include:
- Spouse of the principal immigrant
- Unmarried children under 21 years old
These dependents can apply for immigrant visas at a U.S. consulate abroad after USCIS notifies the Department of State through the approved Form I-824.
When Is Form I-824 Used for Follow-to-Join?
Form I-824 is used when the principal applicant adjusted status inside the United States and became a lawful permanent resident through Form I-485.
USCIS may send notification to a U.S. consulate allowing family members to apply for immigrant visas if the permanent resident status was obtained through:
- A family-based immigrant petition (Form I-130)
- An employment-based immigrant petition (Form I-140)
- A religious worker or VAWA petition (Form I-360)
- A Diversity Visa case
Once the notification is sent, eligible dependents can proceed with immigrant visa processing at the appropriate U.S. consulate.
When Should You NOT File Form I-824 for Follow-to-Join?
Form I-824 should not be filed for follow-to-join in certain situations.
Examples include when the principal immigrant:
- Entered the United States using an immigrant visa through consular processing
- Was admitted as a refugee
- Was granted asylum
- Obtained permanent residence through T or U visa status
In those situations, different procedures or forms must be used to bring family members to the United States.
Documents Required for Form I-824 Follow-to-Join
When filing Form I-824, applicants must submit supporting documentation to demonstrate eligibility.
Commonly required documents include:
- Copy of the Form I-797 approval notice for the underlying immigrant petition or application
- Copy of the approved Form I-485
- Proof of lawful permanent resident status
- Evidence of relationship with qualifying dependents
- Marriage certificate (for spouse)
- Birth certificates (for children)
- Government-issued identification documents
USCIS requires applicants to submit copies of supporting documents unless specifically instructed to submit originals.
Form I-824 Follow-to-Join Process
The follow-to-join process generally involves several steps.
Step 1: File Form I-824 with USCIS
The principal applicant submits Form I-824 requesting that USCIS notify the Department of State of the approved permanent resident status.
Step 2: USCIS Reviews the Application
USCIS reviews the request and supporting documents to verify eligibility. In some cases, USCIS may request additional information or evidence.
Step 3: USCIS Notifies the National Visa Center
Once approved, USCIS sends the case information to the National Visa Center (NVC).
Step 4: Consular Processing for Family Members
The spouse or children abroad apply for immigrant visas at the designated U.S. embassy or consulate.
Step 5: Entry to the United States
After visa approval, family members may travel to the United States and become lawful permanent residents upon admission.
Processing Considerations for Form I-824
Several important considerations apply to Form I-824 applications:
- USCIS may require biometrics or an interview during processing.
- Failure to attend a required biometrics appointment may result in denial.
- USCIS may request additional documentation if the submitted evidence is incomplete.
Applicants must also ensure the previously approved petition or application remains valid when requesting action through Form I-824.
Benefits of the Follow-to-Join Process
The follow-to-join process offers several advantages for immigrant families.
Key benefits include:
- Allows families to reunite in the United States
- Avoids filing a new immigrant petition in many cases
- Streamlines consular processing for dependents
- Enables spouses and children to obtain immigrant visas more efficiently
This process helps reduce delays and simplifies immigration procedures for eligible family members.
FAQs
Can my spouse and children use follow-to-join benefits?
Yes. The follow-to-join process generally applies to a spouse and unmarried children under 21 years old of the principal immigrant.
Do I need to file a new immigrant petition for my family?
In many cases, no. The follow-to-join process allows dependents to obtain immigrant visas without filing a new petition.
Can I file Form I-824 if I entered the United States with an immigrant visa?
No. If you became a permanent resident through consular processing, you generally must contact the National Visa Center for follow-to-join procedures instead.
Does approval of Form I-824 guarantee a visa for my family?
No. Approval of Form I-824 only notifies the Department of State. The U.S. consulate still determines whether the immigrant visa will be issued.
Can USCIS request additional information after filing?
Yes. USCIS may request additional evidence, biometrics, or an interview before making a final decision on the application.
References
USCIS – Form I-824 Instructions
https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf
Provides official guidance on when and how to file Form I-824, including requesting notification to a U.S. consulate so dependents can apply for immigrant visas.
USCIS – Form I-824 (Application for Action on an Approved Application or Petition)
https://www.uscis.gov/i-824
Explains the purpose of Form I-824 and confirms it is used to request further action on an approved petition or application.
U.S. Department of State – Employment-Based Immigrant Visas
https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
Describes how spouses and children may accompany or follow-to-join employment-based immigrants applying for immigrant visas.
USCIS – Bringing Children to Live in the United States
https://www.uscis.gov/family/bring-children-to-live-in-the-US
Describes follow-to-join benefits that allow children to apply for immigrant visas without filing a new petition.
