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fwaguy
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.
marcycat
QUOTE(fwaguy @ Jan 23 2007, 11:55 AM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.



The Paris Embassy has a similar announcement. On another discussion, someone just reported her husband's interview, scheduled for next week, being cancelled. She says they told her all pending petitions are being sent to Rome.....
What a nightmare!!!
jpaula
I just ran into this wall today. My husband and I had an I-130 approved DCF a year ago through Algiers. We then had to file an I-601 waiver which was sent to and approved by DHS in Rome. Rome sent our file back to Algiers with a letter saying the application had been approved and to issue the visa. this was on Dec 19. My husband had his second visa interview today, expecting to be granted the visa, but the embassy in Algiers had basically halted all applications as they are quite confused. They claim they now have to send everyone's files through Rome. However, ours just got back from Rome, so???????

Any other experiences greatly appreciated as I am figuring out how to fight this.
Anyta Holland
The Embassy in London has not announced anything yet...

I hope this will be cleared soon!
vylex
SAY IT ISN'T SO!!!!!! crying.gif
briccasart
I think I'm gonna have a fricking heart attack. I have wanted to move back home for so long and now that it's within reach, a bombshell like this happens.

It's to do with The Adam Walsh Child Protection And Safety Act Of 2006 that Bush signed today.

I truly truly hope that they reconsider DCF filings for couples who have no children included in the petition. I can't take the stress anymore. I have everything lined up for our interview next month...applications, mortgage papers, a bank draft and pictures.

I just want to go home.






devblt
We may have to take the DCF board off VJ
fwaguy
What is gonna be bad is the ones who get caught in the transition "net" who have applied but not had there visas adjudicated. Who knows how much time it will add to the process.
vylex
QUOTE(devblt @ Jan 23 2007, 03:12 PM) *
We may have to take the DCF board off VJ


Yes. I feel for those people!!! sad.gif If this is the case (no thanks to Bush!), then it looks like I am going to the IR-1/CR-1 route. I wonder how long that will take now. sad.gif
jpaula
QUOTE(briccasart @ Jan 23 2007, 09:12 PM) *
I think I'm gonna have a fricking heart attack. I have wanted to move back home for so long and now that it's within reach, a bombshell like this happens.

It's to do with The Adam Walsh Child Protection And Safety Act Of 2006 that Bush signed today.

I truly truly hope that they reconsider DCF filings for couples who have no children included in the petition. I can't take the stress anymore. I have everything lined up for our interview next month...applications, mortgage papers, a bank draft and pictures.

I just want to go home.


can someone explain the connection to the Act mentioned above? I am trying to figure out the rationale for this change, but a quick google for the Act doesn't show any mention of changes to the visa granting process.

Also, any insight into when a visa is considered adjudicated rather than pending? We have a letter from DHS Rome telling the US Embassy Algiers to issue the visa, but it has not yet been issued. Has it been adjudicated?

GGRRRRRRRR.
Yodrak
Anya Holland,

Perhaps because I-130 petitions submitted in the UK are not processed by the consulate. They are processed by the USCIS office in London.

It seems possible that the use of the term 'DCF' to refer to overseas USCIS processing as well as consular processing is about to become more than a matter of symantics.

Yodrak

QUOTE(Anyta Holland @ Jan 23 2007, 02:50 PM) *
The Embassy in London has not announced anything yet...

I hope this will be cleared soon!
fwaguy
QUOTE(jpaula @ Jan 23 2007, 02:39 PM) *
[can someone explain the connection to the Act mentioned above? I am trying to figure out the rationale for this change, but a quick google for the Act doesn't show any mention of changes to the visa granting process.

Also, any insight into when a visa is considered adjudicated rather than pending? We have a letter from DHS Rome telling the US Embassy Algiers to issue the visa, but it has not yet been issued. Has it been adjudicated?

GGRRRRRRRR.


Title IV: Immigration Law Reforms to Prevent Sex Offenders from Abusing Children

This title provides that any alien convicted of the federal crime of failing to register as a sex offender is deportable. Additionally, the Act provides that a citizen convicted of a specified offense against a minor is not eligible to petition for a family-based visa. That bar, however, may be waived if the Secretary of Homeland Security determines that the citizen poses no risk to the alien with respect to whom the petition is filed.


As I read it, the consulates are not able to determine if the petitioner meets the eligibility requirements and therefore they must all be adjudicated through the USCIS.
jnicv
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.
fwaguy
QUOTE(jnicv @ Jan 23 2007, 02:57 PM) *
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.



You can always call but since it is now officially law, I would not expect anything.
vylex
QUOTE(jnicv @ Jan 23 2007, 03:57 PM) *
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.


I am extremely frustrated myself! I was planning to go to Sydney to see my wife and file for the DCF in April. Now I don't know if I should just file for the IR-1 / CR-1 immediately to try and make up for the time that will undoubtedly increase. mad.gif
devblt
QUOTE(fwaguy @ Jan 23 2007, 04:00 PM) *
QUOTE(jnicv @ Jan 23 2007, 02:57 PM) *
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.



If this is true, you can still get married, and then apply when you get to the states.. you'll have to wait longer but I guess a lot of people are going to be in that situation. Don't stress out too much just yet and wait for something offical to be announced by USCIS. I just checked thier website and there was no press releases on their site. I also check the New Delhi embassy (India) and there was no announcement there either.. so hang in there.. don't stress it too much.. your palns shout remain the same.. get married.. have a great wedding day etc.. and don't let the fact that you may have to wait 8 months get you down.. many people have waited much longer to be with thier loved ones.
knowledge
QUOTE(fwaguy @ Jan 23 2007, 12:55 PM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.


wow!...is it part of the Centralization proceedure they were mentionning not long ago?...
marcycat
QUOTE(vylex @ Jan 23 2007, 03:02 PM) *
QUOTE(jnicv @ Jan 23 2007, 03:57 PM) *
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.


I am extremely frustrated myself! I was planning to go to Sydney to see my wife and file for the DCF in April. Now I don't know if I should just file for the IR-1 / CR-1 immediately to try and make up for the time that will undoubtedly increase. mad.gif


I'm beside myself. How could they have taken our application (and our money) with a straight face, just a couple of weeks ago? I forewent a "real wedding" in order to get married in Paris to do the DCF. I was expecting to be reunited with my husband by early April -- now who knows?

I already have a call in to my Rep. They can't change the law, but they should be able to make sure those of us in the process don't get totally screwed over
NYC__girl
QUOTE(devblt @ Jan 23 2007, 04:07 PM) *
If this is true, you can still get married, and then apply when you get to the states.. you'll have to wait longer but I guess a lot of people are going to be in that situation. Don't stress out too much just yet and wait for something offical to be announced by USCIS. I just checked thier website and there was no press releases on their site. I also check the New Delhi embassy (India) and there was no announcement there either.. so hang in there.. don't stress it too much.. your palns shout remain the same.. get married.. have a great wedding day etc.. and don't let the fact that you may have to wait 8 months get you down.. many people have waited much longer to be with thier loved ones.


devblt, great words! good.gif

I represent, what now will be in USCIS. They are overloaded.
Good luck and little patiences.
vylex
QUOTE(marcycat @ Jan 23 2007, 04:20 PM) *
I'm beside myself. How could they have taken our application (and our money) with a straight face, just a couple of weeks ago? I forewent a "real wedding" in order to get married in Paris to do the DCF. I was expecting to be reunited with my husband by early April -- now who knows?

I already have a call in to my Rep. They can't change the law, but they should be able to make sure those of us in the process don't get totally screwed over


I think the Embassy was not aware of this change. I see it like some sort of memo sent to remote offices. They were doing business as usual until the news broke. I do hope the people already in the process are allowed to complete. I have not started the actual filing. It looks like I'll have to file immediately now. Time to research the other forums again... unsure.gif

I thought I had it all figured out too. Time to roll with the punches. The USCIS will not keep my wife from me!!!!!!
briccasart
THIS MESSAGE IS FOR VYLEX AND MARCYCAT:

From what I can gather, you are already married to your respective spouses and are waiting to be reunited at the moment.

If you are both in the States and your spouses abroad, why don't you just get your spouses to join you in the States and file the I-130 plus I-485 as soon as they arrive in the States?

So long as they have the green I-94 attached to their passports (very important not to lose that), you can begin the process immediately. I think that when filing for a spouse, the wait is a lot quicker as spouses don't fall under a visa quota. I can almost guarantee you that you will hear something before the usual 90-days tourist visa is up.

This may be a bit harder for you, Marcycat, as your application is already in the system and they might question a duplicate application.

Good luck to all of us.
avoci
QUOTE(fwaguy @ Jan 23 2007, 12:55 PM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.


Okay, so my husband and I filed DCF (in Albania) for an I130 (they told us it would actually be a CR1). We filed and were approved (for the I130 on July 5, 2006. We sent in packet 3 on Nov.6th. How (or will) this affect us? How can I know? Is there something I should do?

Thanks,

A. Voci
Boiler
According to the text, they can accept new applications AND they can not adjudicate and ones from this date onwards.

Seems pretty black and white, if frustrating for those caught in the middle.
avoci
QUOTE(fwaguy @ Jan 23 2007, 12:55 PM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.



Where did you hear or find this information??? I have been searching the net and can't find anything about it!
fwaguy
QUOTE(avoci @ Jan 23 2007, 04:22 PM) *
QUOTE(fwaguy @ Jan 23 2007, 12:55 PM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.


Where did you hear or find this information??? I have been searching the net and can't find anything about it!


Please re-read the first line of my post.

http://kiev.usembassy.gov/visa_iv_petition_eng.html
avoci
QUOTE(marcycat @ Jan 23 2007, 02:28 PM) *
QUOTE(fwaguy @ Jan 23 2007, 11:55 AM) *
This was just posted today on the US Embassy website in Kiev.

I-130 Petitions No Longer Accepted by U.S. Embassies

January 23, 2007

Per Department of State instructions, effective immediately, the U.S. Embassy in Kyiv, Ukraine and U.S. embassies worldwide are no longer authorized to accept or adjudicate I-130 petitions. American Citizens must file petitions for their relatives with the appropriate United States Citizenship and Immigration Service (USCIS) office in the U.S. Petitioners can check http://www.uscis.gov/files/form/I-130.pdf to find the appropriate office. Please visit www.uscis.gov for more general information about filing the petition.

Petitions that have already been approved at U.S. Embassy Kyiv but have not yet undergone visa adjudication must be forwarded to the USCIS office in Moscow, Russia. Embassy staff will forward all of these in the coming week.

We will post more information on this matter as soon as it becomes available to us.



The Paris Embassy has a similar announcement. On another discussion, someone just reported her husband's interview, scheduled for next week, being cancelled. She says they told her all pending petitions are being sent to Rome.....
What a nightmare!!!



Where did you find this info about I130s on the Paris embassy website? I can't find anything?
avoci
QUOTE(briccasart @ Jan 23 2007, 03:12 PM) *
I think I'm gonna have a fricking heart attack. I have wanted to move back home for so long and now that it's within reach, a bombshell like this happens.

It's to do with The Adam Walsh Child Protection And Safety Act Of 2006 that Bush signed today.

I truly truly hope that they reconsider DCF filings for couples who have no children included in the petition. I can't take the stress anymore. I have everything lined up for our interview next month...applications, mortgage papers, a bank draft and pictures.

I just want to go home.
Today, President Bush Signed The Adam Walsh Child Protection And Safety Act Of 2006. This law marks an important step forward in our Nation's efforts to protect those who cannot protect themselves. It will strengthen Federal laws to protect our children from sexual and other violent crimes, prevent child pornography, and make the Internet safer for our sons and daughters.

President Bush Believes Our Society Has A Duty To Protect Children From Exploitation And Danger. By enacting this law, we are sending a clear message across the country that those who prey on our children will be caught, prosecuted, and punished to the fullest extent of the law.

The Administration Has Worked To Give Law Enforcement New Tools To Go After Criminals Who Kidnap And Exploit Children.

The PROTECT Act. In 2003, President Bush signed the PROTECT Act that expanded the use of Amber Alerts, making grants available to all 50 States so law enforcement can quickly alert the public about missing children and their abductors.
Operation Predator. The Administration launched Operation Predator to help law enforcement track down and arrest foreign pedophiles, human traffickers, sex tourists, and Internet pornographers who prey on our children.
Project Safe Childhood. Earlier this year, the Department of Justice launched Project Safe Childhood to help Federal, State, and local law enforcement investigate and prosecute crimes against children that are facilitated by the Internet and other electronic communications.
The Adam Walsh Child Protection And Safety Act Of 2006 Builds On The Administration's Progress In Four Important Ways:

Expanding The National Sex Offender Registry. The bill will integrate the information in State sex offender registry systems and ensure that law enforcement has access to the same information across the United States, helping prevent sex offenders from evading detection by moving from State to State. Data drawn from this comprehensive registry will be made available to the public so parents have the information they need to help protect their children from sex offenders.
Strengthening Federal Penalties For Crimes Against Children. The bill imposes tough mandatory minimum penalties for the most serious crimes against children and increases penalties for crimes such as sex trafficking of children and child prostitution. It also provides grants to States to help them institutionalize sex offenders who have shown they cannot change their behavior and are about to be released from prison.
Making It Harder For Sex Predators To Reach Our Children On The Internet. The bill authorizes new regional Internet Crimes Against Children Taskforces that will provide funding and training to help State and local law enforcement combat crimes involving the sexual exploitation of minors on the Internet.
Creating A New National Child Abuse Registry And Requiring Investigators To Do Background Checks Of Adoptive And Foster Parents Before They Are Approved To Take Custody Of A Child. By giving child protective service professionals in all 50 States access to this critical information, we will improve their ability to investigate child abuse cases and help ensure that vulnerable children are not put into situations of abuse or neglect.


I am so confused! This is what I found on the Adam Walsh thing (I found nothing else). If somebody has a link to something SPECIFIC, I'd REALLY like to see it. By the way.. this Adam Walsh thing was in 2006.


marcycat
QUOTE(avoci @ Jan 23 2007, 04:46 PM) *
The Paris Embassy has a similar announcement. On another discussion, someone just reported her husband's interview, scheduled for next week, being cancelled. She says they told her all pending petitions are being sent to Rome.....
What a nightmare!!!



Where did you find this info about I130s on the Paris embassy website? I can't find anything?


For PARIS - The announcement is on the American Embassy/Consulate in Paris website, under Citizen Services - Visas -- Immigrant Visas (something like that.)
The info about the cancelled interview and things being sent to Rome is in the next discussion on the DCF forum here on Visa Journey (the discussion topic is sommething like DCF in Paris.)
fwaguy
QUOTE(avoci @ Jan 23 2007, 04:46 PM) *
Where did you find this info about I130s on the Paris embassy website? I can't find anything?


http://www.amb-usa.fr/consul/iv/default.htm

QUOTE(avoci @ Jan 23 2007, 04:51 PM) *
I am so confused! This is what I found on the Adam Walsh thing (I found nothing else). If somebody has a link to something SPECIFIC, I'd REALLY like to see it. By the way.. this Adam Walsh thing was in 2006.


Signed by President Bush in July but just became effective....
jpaula
Were the interviews that were canceled in Paris visa interviews or I-130 interviews?
marcycat
QUOTE(jpaula @ Jan 23 2007, 04:58 PM) *
Were the interviews that were canceled in Paris visa interviews or I-130 interviews?


I don't know. In fact, I don't know what the difference is. For the DCF (at least in Paris) "the interview" is the big date, when they say yay or nay and you walk out knowing if you have a visa or not (they send it within 10 days.) So, the guy who's interview was supposed to be next week was on the point of receiving his visa and leaving for the States.
jpaula
We had our I-130 interview in Algiers a year ago where it was approved the same day. Our final visa interview was scheduled for today but they postponed everything to figure it out. The thing that confuses me is that Kiev and Paris give different info with Paris claiming it effects only I-130s and Kiev adding a second line regarding pending visa applications. Who makes a ruling on all of this? Is it on an embassy by embassy basis?

For what it is worth, I just called DHS who says that the embassies still have the authorities to grant visas just not I-130s and that they cannot make this retroactive.
John and Sonya
QUOTE(vylex @ Jan 23 2007, 03:02 PM) *
QUOTE(jnicv @ Jan 23 2007, 03:57 PM) *
OH my GOSH! I am panicking right now. I had everything planned out and ready to go. I am supposed to get married in March and with the embassy I would have worked through, my husband would have had his visa within about a month. What am I going to do? Can we call our Senators/Representatives? I am so upset right now.


I am extremely frustrated myself! I was planning to go to Sydney to see my wife and file for the DCF in April. Now I don't know if I should just file for the IR-1 / CR-1 immediately to try and make up for the time that will undoubtedly increase. mad.gif


We are one of the fortunate ones that got caught at the interview today. No notice!!! MY wife paid the VISA fee, all of her paper work was approved, and she was just waiting for interview, she was first in line. Then they came out and said that they cannot process her visa along with the dozen other people there, gave her the money back and said go home.

They totally mishandled this, they needed to contact people or at least phase out. I have no issues with the new law, but the 100's of people like us that paid alot of money to goto the embassy and suppose to be the happiest day, turned out to be pure hell. And I called USCIS and The State Department and neither knew anything, it was all quiet and memo just sent out. SO ANYONE WHO HAS AN INTERVIEW AT A NON-USCIS facility, CALL!!!!!!!! London is a USCIS facilty, so you are fortunate. Here goes another few months added!! Good law, poor handeling.
avoci
QUOTE(jpaula @ Jan 23 2007, 06:10 PM) *
We had our I-130 interview in Algiers a year ago where it was approved the same day. Our final visa interview was scheduled for today but they postponed everything to figure it out. The thing that confuses me is that Kiev and Paris give different info with Paris claiming it effects only I-130s and Kiev adding a second line regarding pending visa applications. Who makes a ruling on all of this? Is it on an embassy by embassy basis?

For what it is worth, I just called DHS who says that the embassies still have the authorities to grant visas just not I-130s and that they cannot make this retroactive.


Okay, so we did the I130 petition (DCF) in July. We sent in packet 3 in November. We are waiting on an interview date (packet 4). This is thru the US embassy in Albania. What do u think?

What do I do? They did tell us that we are doing a CR1, but we did do an I130 form.

HELP!!!!!!!!!!!!!!!!!!!!!!!!
fwaguy
QUOTE(avoci @ Jan 23 2007, 06:08 PM) *
Okay, so we did the I130 petition (DCF) in July. We sent in packet 3 in November. We are waiting on an interview date (packet 4). This is thru the US embassy in Albania. What do u think?

What do I do? They did tell us that we are doing a CR1, but we did do an I130 form.

HELP!!!!!!!!!!!!!!!!!!!!!!!!


The I-130 is the pre-requisite petition to get a CR1
jpaula
The following was just sent to me by my Congressman's office. He says he is going to call the State Dept and USCIS tomorrow morning.

I am afraid that you are the victim of an unfortunate coincidence. A new
law has been put into effect called the Adam Walsh Child Protection and
Safety Act. According to one of my colleagues at another congressional
office, here is a summary of the Act as it applies to immigration policy:

"Recent changes in law bar USCs [U.S. citizens] who have committed certain
abuses against children from petitioning for the immigration of their
relatives (Adam Walsh Protection Act). State Department consular offices
overseas had previously accepted and approved some I-130s under authority
delegated from USCIS. I'm told that because State Department consular
officers do not currently have access to law enforcement databases
containing the criminal records of U.S. persons, they have no way to confirm
that a petitioner does not have a record of committing child abuse. The
State Department has therefore instructed its consular officers to stop
accepting petitions, and to forward to the appropriate USCIS office for
final adjudication any petitions already approved without the appropriate
records check of the USC petitioner. This State Department instruction has
no effect on the I-130 petitions which were filed in the US with USCIS, and
where adjudicating officers have access to all necessary databases to
establish petitioners' eligibility under the Adam Walsh Protection Act."
avoci
QUOTE(jpaula @ Jan 23 2007, 08:03 PM) *
The following was just sent to me by my Congressman's office. He says he is going to call the State Dept and USCIS tomorrow morning.

I am afraid that you are the victim of an unfortunate coincidence. A new
law has been put into effect called the Adam Walsh Child Protection and
Safety Act. According to one of my colleagues at another congressional
office, here is a summary of the Act as it applies to immigration policy:

"Recent changes in law bar USCs [U.S. citizens] who have committed certain
abuses against children from petitioning for the immigration of their
relatives (Adam Walsh Protection Act). State Department consular offices
overseas had previously accepted and approved some I-130s under authority
delegated from USCIS. I'm told that because State Department consular
officers do not currently have access to law enforcement databases
containing the criminal records of U.S. persons, they have no way to confirm
that a petitioner does not have a record of committing child abuse. The
State Department has therefore instructed its consular officers to stop
accepting petitions, and to forward to the appropriate USCIS office for
final adjudication any petitions already approved without the appropriate
records check of the USC petitioner. This State Department instruction has
no effect on the I-130 petitions which were filed in the US with USCIS, and
where adjudicating officers have access to all necessary databases to
establish petitioners' eligibility under the Adam Walsh Protection Act."



So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?
fwaguy
QUOTE(avoci @ Jan 23 2007, 07:11 PM) *
So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?


I honestly do not think there is anything you can do
Yodrak
It's call the Law if Unintended (or Unexpected) Consequences. Lawmakers did not think through to all of the ramifications of what they wrote. It should be a familiar concept here, many VJers do it all the time.

Yodrak

QUOTE(jpaula @ Jan 23 2007, 08:03 PM) *
The following was just sent to me by my Congressman's office. He says he is going to call the State Dept and USCIS tomorrow morning.

I am afraid that you are the victim of an unfortunate coincidence. A new
law has been put into effect called the Adam Walsh Child Protection and
Safety Act. According to one of my colleagues at another congressional
office, here is a summary of the Act as it applies to immigration policy:

....
Yodrak
avoci,

You wait until the USCIS has reviewed and approved your petition, and has sent it back to the consulate.

Yodrak

QUOTE(avoci @ Jan 23 2007, 08:11 PM) *
So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?
blaaTgirl©
Oh my god... I am in tears here. We just got married 2 weeks ago and my beloved is back in London, about to quit his job to go back home to Sydney for the sole purpose of us filing DC. We already relegated ourselves to me not arriving with him but to come later to file the I-130 after he got all his police records done and medical.

More and more time apart and the light gets dimmer...
avoci
QUOTE(Yodrak @ Jan 23 2007, 08:35 PM) *
avoci,

You wait until the USCIS has reviewed and approved your petition, and has sent it back to the consulate.

Yodrak

QUOTE(avoci @ Jan 23 2007, 08:11 PM) *
So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?



Should I call the embassy? How far back willl this set us? How will I know if/ when Albania has sent our paperwork to US? We've already been waiting 7 months... HOW MUCH LONGER NOW????

I am scared, sad, and very upset. This is all because of sex offenders? I am a teacher in the US! How could I do that if I was a sex offender? I am also a WOMAN!

This is really crazy!

How do I get answers?
John and Sonya
QUOTE(avoci @ Jan 23 2007, 08:48 PM) *
QUOTE(Yodrak @ Jan 23 2007, 08:35 PM) *
avoci,

You wait until the USCIS has reviewed and approved your petition, and has sent it back to the consulate.

Yodrak

QUOTE(avoci @ Jan 23 2007, 08:11 PM) *
So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?



Should I call the embassy? How far back willl this set us? How will I know if/ when Albania has sent our paperwork to US? We've already been waiting 7 months... HOW MUCH LONGER NOW????

I am scared, sad, and very upset. This is all because of sex offenders? I am a teacher in the US! How could I do that if I was a sex offender? I am also a WOMAN!

This is really crazy!

How do I get answers?


This was very irresponsible handeling. Tomorrow, embassy's around the world will again suprise the people who are coming in for their VISA interviews, as well as people who thought they had an appointment to file a I-130 petition. Please understand if the US Embassy has a Consulate, it does not effect you, such as Rome, Moscow, and London. They all have local USCIS and can process the DCF's and I-130 petitions.

I called my senator, the State Department,USCIS, and even went to Chicago with an appointment to talk to the Immigration Officer. NONE of them new of this and were all surprised and had to goto their supervisors who also did not know of anything. Word finally got out of what was going on late in the afternoon and now websites are now posting.

Advice, first check to see if your embassy is a USCIS office, if not, start filing inthe US quickly!!!!! Call your embassy!!! CALL YOUR REP!!! Its a good law, just implemented incorrectly.
fwaguy
QUOTE(John and Sonya @ Jan 23 2007, 09:00 PM) *
This was very irresponsible handeling. Tomorrow, embassy's around the world will again suprise the people who are coming in for their VISA interviews, as well as people who thought they had an appointment to file a I-130 petition. Please understand if the US Embassy has a Consulate, it does not effect you, such as Rome, Moscow, and London. They all have local USCIS and can process the DCF's and I-130 petitions.

I called my senator, the State Department,USCIS, and even went to Chicago with an appointment to talk to the Immigration Officer. NONE of them new of this and were all surprised and had to goto their supervisors who also did not know of anything. Word finally got out of what was going on late in the afternoon and now websites are now posting.

Advice, first check to see if your embassy is a USCIS office, if not, start filing inthe US quickly!!!!! Call your embassy!!! CALL YOUR REP!!! Its a good law, just implemented incorrectly.


For those who have been caught in the "net" you do not have to file in the US as the consulate will take your file and forward it to a USCIS field office somewhere. How long will this take? No one knows. If you call your consulate tomorrow they probably cant give you an answer because they don't know. They will need a few days to sort this out. It is an unfortunate situation but answers will be forthcoming. Hopefully not as long as it took them to sort out the IMBRA debacle.
blaaTgirl©

QUOTE
This was very irresponsible handeling. Tomorrow, embassy's around the world will again suprise the people who are coming in for their VISA interviews, as well as people who thought they had an appointment to file a I-130 petition. Please understand if the US Embassy has a Consulate, it does not effect you, such as Rome, Moscow, and London. They all have local USCIS and can process the DCF's and I-130 petitions.

I called my senator, the State Department,USCIS, and even went to Chicago with an appointment to talk to the Immigration Officer. NONE of them new of this and were all surprised and had to goto their supervisors who also did not know of anything. Word finally got out of what was going on late in the afternoon and now websites are now posting.

Advice, first check to see if your embassy is a USCIS office, if not, start filing inthe US quickly!!!!! Call your embassy!!! CALL YOUR REP!!! Its a good law, just implemented incorrectly.

Okay... just so I can get some rest without crying anymore (I spent my lunch hour on the phone with my husband trying to sort out how we are going to manage the DCF process and about tore my hair out!)
This pertains to EMBASSYs only?? Will CONSULATES (such as Sydney Australia) continue to accept the I-130 petitions?
My head is awash with too many thoughts.
And I was going to begin getting my papers and proof of relationship for 2 years started tonight...
Henia
Wow I am really at a lose for words. My husband and I, like many of you was counting on this DCF. It seems now we have to start again with a new plan. Wasting more money and time in the process. I am just in shock and really sick to my stomach. I think I won't be sleeping tonight. I need to call my husband.
I pray tomorrow we all are able to swallow this and find another way.
Thanks Pres. Bush (again) for nothing
fwaguy
QUOTE(blaaTgirl© @ Jan 23 2007, 09:19 PM) *
This pertains to EMBASSYs only?? Will CONSULATES (such as Sydney Australia) continue to accept the I-130 petitions?


The Embassy does not issue visas, the Consulates do. People will use Embassy/Consulate interchangeably. In a nutshell, no I-130 petitions will be accepted at any foreign post.
avoci
QUOTE(briccasart @ Jan 23 2007, 04:58 PM) *
THIS MESSAGE IS FOR VYLEX AND MARCYCAT:

From what I can gather, you are already married to your respective spouses and are waiting to be reunited at the moment.

If you are both in the States and your spouses abroad, why don't you just get your spouses to join you in the States and file the I-130 plus I-485 as soon as they arrive in the States?

So long as they have the green I-94 attached to their passports (very important not to lose that), you can begin the process immediately. I think that when filing for a spouse, the wait is a lot quicker as spouses don't fall under a visa quota. I can almost guarantee you that you will hear something before the usual 90-days tourist visa is up.

This may be a bit harder for you, Marcycat, as your application is already in the system and they might question a duplicate application.

Good luck to all of us.


Can my husband come before his interview?????????
David A.
I filed the petition back in November... the petition had been approved and my wife's final interview is next week! Oh gosh... I just hope this doesn't affect us.
fwaguy
QUOTE(David A. @ Jan 23 2007, 10:01 PM) *
I filed the petition back in November... the petition had been approved and my wife's final interview is next week! Oh gosh... I just hope this doesn't affect us.


I would be checking because some of the information says visa adjudicated which means in essence "issued".
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