The phrase “Notice of Action 1” or NOA 1 in the vocabulary of the United States Citizenship and Immigration Services (USCIS for brevity) refers to a document issued by the USCIS after receiving certain applications.
Technically, it is identified as Form I-797 and is commonly confused with the letter initially sent by the US Embassy or Consulate abroad called packet 3.
Notice of Action 1 versus Packet 3
In fact, the NOA 1 and the packet 3 are very dissimilar. The former is a notice from the USCIS while the latter is issued by the respective US embassy. Moreover, the recipient of the NOA 1 is the petitioner who is residing in the United States or is already a US citizen or permanent resident. On the other hand, the packet 3 is sent on the address of the visa applicant and is directed at the applicant himself or to his or her guardian (if still a minor).
When does one receive a Notice of Action 1?
Persons are expected to receive NOA 1 when they file certain petitions like Petition for Alien Fiancé using the Form I-129F (for K1 or fiancé visa) and Petition for Alien Relative with the Form I-130 (for K3 visa, which is a spousal visa). The NOA 1 serves as a notice of receipt of the petition. In addition, it ordinarily states the date the same was produced and the corresponding case number for the petition.
Notice of Action 1 and Authorized Representative
In the event where the petitioner sought the assistance of an immigration attorney, the application is supposed to be accompanied by Form G-28. This form authorizes the person to be notified of the status of the case and represent him or her before USCIS officers. The attorney will also receive the NOA 1 by reason of the relationship.
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