Help - Search - Members - Calendar
Full Version: DCF Filing: Family-based immigrant petitions must now be filed only with USCIS
VisaJourney.com > General Discussion Area > Immigration News and Discussion

Captain Ewok
QUOTE
Family-based immigrant petitions must now be filed only with USCIS

Effective immediately, in accordance with the Adam Walsh Child Protection and Safety Act, overseas consular posts are no longer authorized to accept or adjudicate I-130 petitions.

The recently passed Adam Walsh Act has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. According to this legislation, all family-based immigrant visa petitions (I-130s) must be screened to ensure the petitioner has not been convicted of specified criminal offences against a minor. By law, consular officers do not have access to this information. Thus, all I-130 petitions for family-based immigrant status must now be filed with the United States Citizenship and Immigration Services (USCIS) office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Responsibility for the acceptance and approval of immigrant visa petitions rests solely with USCIS. Although consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, they will continue to provide guidance to American citizen petitioners and their family members.

As noted, American citizens should submit their I-130 at the USCIS office responsible for their place of residence.

This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause.


reference: http://japan.usembassy.gov/e/visa/tvisa-iv-newi130.html

QUOTE
Embassies stop handling immigration applications


By Teri Weaver, Stars and Stripes
Pacific edition, Friday, January 26, 2007

TOKYO — U.S. embassies and consulates no longer can process visa applications for foreign family members, such as spouses, parents, children and siblings, who want to immigrate to America, according to the U.S. Embassy in Tokyo.

Instead, U.S. Citizenship and Immigration Services centers around the world will process the applications — officially called I-130 applications — to comply with a new law that prevents certain sexual offenders from sponsoring immigrants, according to the embassy and the Immigration Services Web site.

The I-130 application is one of the first steps toward immigrating a family member into America, according to the Immigration Services Web site.

The change means an extra layer of red tape in the application process, but will not require any additional travel or in-person appointments for the sponsors. ... [ read more here ]


If you are planning on filing an I-130 using DCF then you should contact your embassy in advance to see if they are following the above guidance as well.
William33
Nice, make it even more complicated to do things correctly and legally.

Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Ridiculous. Our tax dollars working hard again.

The US Government, always reinventing the wheel, at our expense.
Aphidfreak
What if our I 130 is approved already? the interview is for next month....in London?

What does this mean for us?
fwaguy
QUOTE(Aphidfreak @ Jan 26 2007, 10:42 PM) *
What if our I 130 is approved already? the interview is for next month....in London?

What does this mean for us?


Contact the Embassy.... For most petitioners the I-130's are being recalled for re-adjudication. London happens to have a USCIS sub-office in the embassy so things might be OK for you. Contact them!!
ELW
QUOTE(William33 @ Jan 26 2007, 09:32 PM) *
Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Agreed. Everything could be electronically clarified in a jiffy. mad.gif
fwaguy
QUOTE(ELW @ Jan 27 2007, 07:26 AM) *
QUOTE(William33 @ Jan 26 2007, 09:32 PM) *
Why can't the State Department initiate contact with the FBI and search other indices for this negative information?

Agreed. Everything could be electronically clarified in a jiffy. mad.gif


I have heard some BS about the database being limited or restricted to Law Enforcement Agencies or something like that and the DOS is not that....
Nick_Visa
It seems they are accepting I-130's at consular posts now? Anyone try to file one recently?

See this link http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

Nick
MaydayDas
They are accepting petitions I-130 to Embassies/Consulates good.gif
yankiwi
Yes, most of them are accepting I-130's now, but their requirements may have changed.

For example, before Jan. 2007 I would have met all the requirements necessary for DCF filing at the Auckland Consulate in New Zealand. However, since they've started accepting them again they've changed their requirements. Since I'm not a resident here (even though I've been living in the country continuously with my spouse for over a year, have a visa here with one more year left, and have a tenancy agreement, bills, and a bank account in my name), I can't file here. *sighs*

So instead we've had to send the paperwork to the US and file at the Texas Service Center. mad.gif

-Tiara
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.