After a decision has been made on Form I-526, applicants face a different set of procedures depending on the outcome. Should the petition be approved, the applicant moves forward with obtaining their visa through either adjustment of status or consular processing. In the event of a denial, options for appeals and motions are available.
Appeals and Motions
If USCIS denies the I-526 petition, the applicant has the option to file an appeal with the Administrative Appeals Office (AAO) or a motion to reopen or reconsider the decision. This must be filed within 30 days of the decision (33 days if received by mail), using Form I-290B, Notice of Appeal or Motion.
Adjustment of Status
Approved petitioners currently in the United States may seek to adjust their status to a conditional permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Eligibility for concurrent filing of Form I-485 with Form I-526 is contingent upon visa availability.
Those outside the United States proceed with consular processing. This entails applying for an immigrant visa at a U.S. Embassy or Consulate in their home country. Upon approval and entry into the United States, the individual becomes a conditional permanent resident.