I-130 Direct Consular Filing

[Tom 0]

I bought airline tickets to go get our son in March.

Then I received the email below from the US embassy on Jan. 23, 2007.

This is a major change in policy. Does anyone know if it's enforceable?

I've sent a letter to my Senator, Dianne Feinstein.

Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

To: Tom

Subject: RE: Stepson's visa

Tom,

We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

Personally, I very much regret this decision, it will harm many families. Sorry...

Regards,

Nany Casali

Immigration Visa Assistant

[payxibka 10,044]

I bought airline tickets to go get our son in March.

Then I received the email below from the US embassy on Jan. 23, 2007.

This is a major change in policy. Does anyone know if it's enforceable?

I've sent a letter to my Senator, Dianne Feinstein.

Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

To: Tom

Subject: RE: Stepson's visa

Tom,

We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

Personally, I very much regret this decision, it will harm many families. Sorry...

Regards,

Nany Casali

Immigration Visa Assistant

DCF is not an entitlement but was a courtesy being extended by foreign posts. The modifications made are LAW. Is it enforeceable? YES, until law is changed or the Supreme Court deems it unconstitutional. Don't hold your breath

[Tom 0]

The quote below is on the embassy website at: http://paraguay.usembassy.gov/iv_gen.html

I wonder if there's an issue of obligation since the info. below is still on the embassy website?

"American citizens may also file a petition for a spouse, a child or a step-child at the Embassy. In these cases, the petitioner may bring a completed I-130 (Petition for Alien Relative) to the Embassy Monday through Wednesday between 1:00 p.m. and 4:00 p.m. to begin the process. The petitioner may also call the IV Assistant and schedule an appointment. The I-130 (Petition for Alien Relative) and instructions can be accessed by clicking here."

Edited January 26, 2007 by Tom

[payxibka 10,044]

The quote below is on the embassy website at: http://paraguay.usembassy.gov/iv_gen.html

I wonder if there's an issue of obligation since the info. below is still on the embassy website?

"American citizens may also file a petition for a spouse, a child or a step-child at the Embassy. In these cases, the petitioner may bring a completed I-130 (Petition for Alien Relative) to the Embassy Monday through Wednesday between 1:00 p.m. and 4:00 p.m. to begin the process. The petitioner may also call the IV Assistant and schedule an appointment. The I-130 (Petition for Alien Relative) and instructions can be accessed by clicking here."

Issue of obligation to who?

[Tom 0]

Is there an obligation to anyone that reads the embassy website, or is all the information on embassy websites subject to inaccuracies to which the govt. has no responsibility?

[payxibka 10,044]

Is there an obligation to anyone that reads the embassy website, or is all the information on embassy websites subject to inaccuracies to which the govt. has no responsibility?

What should it be or what is it? We know that answer... it is the latter

[Yodrak 7]

Tom,

Exactly. The same goes for information that you might get from speaking with a government employee. The Supreme Court has so ruled.

Yodrak

.... is all the information on embassy websites subject to inaccuracies to which the govt. has no responsibility?

[Tom 0]

I received this from the embassy today,

"-- Due to provisions in the Adam Walsh Child Protection and Safety Act, consular officers can no longer accept family-based immigrant visa petitions. We recognize that this change may inconvenience some families, but we have no alternative. We must comply with the law. Consular officers will work with affected petitioners and beneficiaries to ensure they have the information they need on the steps they need to take to complete processing of their cases.

-- As a result of the Adam Walsh Act, 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. Consular officers by law do not have access to this information. Thus, all I- 130 petitions for family-based immigrant status must now be filed only with USCIS.

-- The Adam Walsh Act provides that persons convicted of specified sexual criminal offenses against a minor cannot file petitions for family-based immigrant visas. A criminal history record check is now required to determine whether a petitioner is eligible to file a family-based immigrant petition.

-- Consular officers at embassies and consulates overseas are not law enforcement officers and are not authorized to obtain information about arrests or convictions of citizens or lawful permanent residents of the United States who file family-based immigrant visa petitions. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) officers do have access to databases with this information and authority to use it, and are therefore able to make determinations of eligibility to file these petitions.

-- We deeply regret the inconvenience this change causes to American citizens but the law is clear."