What to do if Error on I-797 Notice of Action
What do you do if a receipt notice or form I-797 approval notice has an error? The immigration application and petition processing at times can be long and arduous. Both clients and attorneys often feel anguish and quickly become impatient due to the delayed processing times. After waiting for numerous months or maybe years, the moment of receiving an approval is met with relief and joy. However the excitement of receiving an approval quickly vanishes at the realization that the Form I-797 approval notice or Notice of Action contains a typographical error. Regardless of whether it is an incorrect birth date, classification, misspelled name, or approval/expiration date quick action should be taken to correct this error.
First, revisit the copy of the application or petition that was submitted to USCIS to ensure it contains the correct information. If the application or petition contains incorrect information then the error on the notice will not be deemed a Service error and USCIS will not be inclined to correct the error without additional steps.
However, if the error was committed by the Service then step two should be taken. Call National Customer Service Center (NCSC) at 1-800-375-5283 to report the error. Be prepared to provide the name of the applicant or petitioner, case number, and the specific error. After reporting the error, NCSC will make an not issue a separate receipt notice reflecting the correction but the subsequent notice issued should contain the correction. If the error is on an Approval Notice, immediately call NCSC to request the information to be corrected and to have an updated notice be issued. Do not wait 30 days to make this request as many completed files are transferred within 30 days to the National Records Center. Keep in mind that NCSC may request the applicant or petitioner to submit a copy of the application or petition indicating the correct information was submitted.
Third, make a note of the time/date and agent ID # and confirmation number when calling the NCSC. This information will be necessary if additional action is required to correct the error.
Keep in mind that it is best to have the representation of an attorney to provide the necessary assistance in immigration matters. An immigration attorney can take additional measures to have an error corrected by USCIS. An error on correspondence from USCIS should not be overlooked or ignored as it may cause significant problems.
Take action to correct it immediately. If you need assistance to correct an error on a Receipt Notice or Approval Notice do not hesitate. Call the attorneys at Benavides & Serrano PLLC at 713-222-2828.