Embassy's will no longer accept I-130

[avoci 0]

This is from the Embassy/Consulate Website in Australia. Updated 25 January 2007

"— Notice —

Recent legislation 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. Effective immediately, the immediate relative petition (I-130) must be filed with the 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). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members. Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS. American citizens should submit their I-130 at the CIS 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."

My wife's final visa interview is next week on Tuesday... so for all you who have not yet lodged your I-130... at least you know what steps to take. As for those that have already filed, paid their fees, etc... and gotten their final interview date sent to them including packet 4. We're probably all a bit worried.

And being that we were at the last step (waiting on packet 4 with the interview date), what's the best plan for us???

[payxibka 10,045]

And being that we were at the last step (waiting on packet 4 with the interview date), what's the best plan for us???

Sit on your hands and breathe deeply, let the information come out over the next few days..... Then once it has, your plan of attack can be executed.

[avoci 0]

FYI - I got this reply from my embassy. It is much more specific regarding I-130s filed as DCF:

The Adam Walsh Act was a surprise to us all. Petitions affected are those filed after July 27, 2006.

Okay, this COULD be good news for me and my husband. We filed and were approved for our I-130 on July 5, 2006. Can you please send the exact link where u saw this info? I didn't see it on the link u sent.

Thank you!

[avoci 0]

FYI - I got this reply from my embassy. It is much more specific regarding I-130s filed as DCF:

The Adam Walsh Act was a surprise to us all. Petitions affected are those filed after July 27, 2006.

So, if you have an I-130 filed (and approved?) before July 27, 2006 but your visa has not yet been adjudicated the embassy can continue to process your visa?

We have an approved I-130 from January 2006 and right now the embassy *thinks* we can go ahead with our final visa interview, but they are awaiting final confirmation.

Does this make sense in light of what others are hearing at other embassies?

Unfortunately, it doesn't make sense, based on what others are saying - most (if not all) have received calls cancelling the interviews. I mean, for sure go to the interview!! But be prepared for the worst if that happens.

If it was filed before July 27, it would make sense that they can continue to process... but that still may take some time for them to figure out, too.

Were you filed before 7/27?'

ETA: sorry - didn't see, you filed in January '06 - you may be in luck!!

So, I filed July 5, 2007 and was approved. Am I okay????

[Aussielad 37]

see,....basically the DCF will only affect *those* of countries that the U.S. allows for the U.S. citizen to fly into the country (and are NOT a resident) and file directly with the consulate with the spouse walking out a few hours later with aN IR-1/CR-1 visa.

For countries such as Australia, New Zealand, Norway, Japan, etc, etc. Because there are not that many countries where the U.S. will allow the U.S.C. to fly there directly(no residenct requirement) and have it done in one day. I mean,....yes there are quite a few U.S.C.'s who have taken up residence in other countries that allow DCF where they *have* to be a resident (such as Canada,U.K.) they will also be effected, but not as much as those where there is no residenct requirement.

The others that will of course be effected are those that got caught up in the middle of the process and are unsure if their case will still be processed or not

Good luck everyone,sreiously.....this is an extremely interesting turning point in immigration reform,....amazing how one new law enacted can have such an amazing turn of events.

[zyggy 9]

FYI - I got this reply from my embassy. It is much more specific regarding I-130s filed as DCF:

The Adam Walsh Act was a surprise to us all. Petitions affected are those filed after July 27, 2006.

Okay, this COULD be good news for me and my husband. We filed and were approved for our I-130 on July 5, 2006. Can you please send the exact link where u saw this info? I didn't see it on the link u sent.

Thank you!

Avoci...

You need to relax... things are going to happen as they happen and there is nothing that you can do about it... so instead of wasting your energy on worrying on what may or may not happen, spend it on something more productive to the process like gathering all that you need for the interview, planning for things when he gets here, etc...

[payxibka 10,045]

So, I filed July 5, 2007 and was approved. Am I okay????

You could be.... maybe I should say you should be... give it a few more days and let them sort it out....

[Boiler 45,482]

If you want to blame anyone, blame the people who drafted the Act and the Politicians who voted for it.

They created the mess, they can fix it.

USCIS etc just has to implement it.

[jpaula 20]

So, I filed July 5, 2007 and was approved. Am I okay????

You could be.... maybe I should say you should be... give it a few more days and let them sort it out....

And, call the Consulate. Ours has been very good at keeping us updated as they go about figuring this out themsleves.

[avoci 0]

FYI - I got this reply from my embassy. It is much more specific regarding I-130s filed as DCF:

The Adam Walsh Act was a surprise to us all. Petitions affected are those filed after July 27, 2006.

Did your embassy send this info. to you or did it say it on their web site? Which embassy?

[payxibka 10,045]

If you want to blame anyone, blame the people who drafted the Act and the Politicians who voted for it.

They created the mess, they can fix it.

USCIS etc just has to implement it.

Don't forget that DCF is under the control of the Department of State not USCIS so they are the ones reacting/implementing here as well.

[avoci 0]

FYI - I got this reply from my embassy. It is much more specific regarding I-130s filed as DCF:

The Adam Walsh Act was a surprise to us all. Petitions affected are those filed after July 27, 2006.

So, if you have an I-130 filed (and approved?) before July 27, 2006 but your visa has not yet been adjudicated the embassy can continue to process your visa?

We have an approved I-130 from January 2006 and right now the embassy *thinks* we can go ahead with our final visa interview, but they are awaiting final confirmation.

Does this make sense in light of what others are hearing at other embassies?

Unfortunately, it doesn't make sense, based on what others are saying - most (if not all) have received calls cancelling the interviews. I mean, for sure go to the interview!! But be prepared for the worst if that happens.

If it was filed before July 27, it would make sense that they can continue to process... but that still may take some time for them to figure out, too.

Were you filed before 7/27?'

ETA: sorry - didn't see, you filed in January '06 - you may be in luck!!

Our final interview was supposed to be on the 23rd i.e. the day the memo went out to all consulates. So, he went to the Consulate, and...our interview was canceled. They have now called back to tell us to come in on Saturday. I just am trying to reassure myself that they will let us interview on Saturday.

It is some of the terminology that has me confused. "Petition" means I-130 not the visa application, yes? If that is the case we have a petition filed BEFORE July 27.

Yes.. If the I-130 petition was filed BEFORE July 27, 2006, you can go forward with the visa interview and the visa can be granted

If the I-130 petition was filed ON or AFTER July 27, 2006, the I-130 peittion has to be sent back to USCIS for the additional checks to be performed and for the petitions to be reapproved or denied based on the provisions of the Adam Walsh Act... After this reapproval has been done, it will be sent back to the Consulate to reschedule an interview...

This is consistent with what was done in the past with IMBRA last year...

You can complain all you want, but the law is the law and it must be complied with... The State Sept and DHS's hands are tied...

If you want to complian, call your Congressman and tell them to start understanding the consequences of their lawmaking before they pass it...

We did not have our interview date yet (waiting on packet 4). BUT we did file and were approved for I-130 on July 5, 2007. Are we in luck?

right on the home page... scroll down a little

http://tirana.usembassy.gov/

This is what I found:

Filing I-130 petitions

Due to recent changes to U.S. Immigration Law the U.S. Embassy in Tirana will be unable to accept any I-130 petitions. Effective January 22, 2007, all I-130 petitions must be filed in the United States.

So me alreday having filed and approved for I130... where does that leave me?

Information is still a bit sketchy. As I read it, the information has said that this law affects all I-130 petitions filed after July 27, 2006. If your visa has not been approved, then your I-130 in essence has been re-called to be re-adjudicated by the USCIS.

My I130 was approved on July 5, 2007

[payxibka 10,045]

We did not have our interview date yet (waiting on packet 4). BUT we did file and were approved for I-130 on July 5, 2007. Are we in luck?

How many times are you going to ask the same question when the information is still incomplete. You can ask it a hundred times today and the answer will not change until new guidance is issued. The best guide for you is the Embassy/Consulate that you filed with.

[John and Sonya 0]

If you want to blame anyone, blame the people who drafted the Act and the Politicians who voted for it.

They created the mess, they can fix it.

USCIS etc just has to implement it.

Don't forget that DCF is under the control of the Department of State not USCIS so they are the ones reacting/implementing here as well.

Actually, first off not call to complain, but to voice our disappointments of how handled. Thats the American way to express our voiec and ask for resolution. Thats the whole purpose of Inspection General to investigate these things. Second DCF's are under the Department of State, but I read the memo and spoke to Department of State Laison and it is by direction of USCIS to process all petitions. Department of State was helping to lighten the load on USCIS. So your correct the the embassy's are under control of the Department of State, but the direction is from Mike Ayres who works for USCIS.

They completely mismanaged this and they should hear our voice, our we can be like other countries and be silent and except whatever is dealt out. The purpose is to tell them and our Congressman as we are disgrunted about this, please do something to help our cause. Pressure can go along way in this worls. Maybe they will put more people on this to assist, or maybe not? I am not just going to sit and say I except the "little inconvience". My wife travelled along way as many others, and was 15 minutes away from getting her VISA.

If anyone wants the numbers to voice thier concerns on this, see my earlier post. Its a wonderful new law and I respect it and support 100%, however, in America, we grandfather; introduce slowly, CALL PEOPLE who are affected instead of telling them at their appointment......

[John and Sonya 0]

Also another note, those who think they may get a Tourist VISA now, I contacted the embassy, since you are showing that you are planning to immigrate, the chances are almost non-existed you will qualify for a B-2 VISA. But dont stop from applying or calling.

To qualify for a visitor visa, an applicant must meet the requirements of Section 101(a)(15)(B) of the Immigration and Nationality Act (INA) of 1952, as amended. Section 101(a)(15) states that a nonimmigrant is "an alien having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily" for a variety of purposes which the law delineates (business, pleasure, studies, etc.). Failure to do so will result in a refusal of a visa under Section 214(B) of the INA. The most frequent basis for such a refusal concerns the requirement that the prospective visitor possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.