Embassy's will no longer accept I-130

[marcycat 0]

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 20]

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 0]

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.

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 0]

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!!!!!!!!!!!!!!!!!!!!!!!!

[payxibka 10,044]

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 20]

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 0]

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?

[payxibka 10,044]

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 7]

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

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 7]

avoci,

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

Yodrak

So basically, we will have to start this process over because they think I might be a criminal? WHAT DO I DO?

[blaaTgirl© 0]

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 0]

avoci,

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

Yodrak

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 0]

avoci,

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

Yodrak

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.

[payxibka 10,044]

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© 0]

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...

Edited January 24, 2007 by blaaTgirl©