Embassy's will no longer accept I-130

[aussiewench 9]

Ok this is a little off the DCF topic. But since the IMBRA mess I worry about all this #######. Are we to assume that after 7/27/06 that USCIS complied with the new law? So petitions adjudicated after that date at USCIS will not be affected in any way? As in DOS saying "sorry we are sending your petion back to USCIS to be readjudicated since they never did the IBIS check".

Can somebody please tell me where they are seeing this July 27th date? Is there a link to a web site? I have not found it anywhere.

Thanks!

27 July is when the Adam Walsh Child Protection Act was signed into law

Reference to that here

Edited January 27, 2007 by aussiewench

[avoci 0]

Ok this is a little off the DCF topic. But since the IMBRA mess I worry about all this #######. Are we to assume that after 7/27/06 that USCIS complied with the new law? So petitions adjudicated after that date at USCIS will not be affected in any way? As in DOS saying "sorry we are sending your petion back to USCIS to be readjudicated since they never did the IBIS check".

Can somebody please tell me where they are seeing this July 27th date? Is there a link to a web site? I have not found it anywhere.

Thanks!

27 July is when the Adam Walsh Child Protection Act was signed into law

Reference to that here

So this really means nothing?

[misa 2]

Not DCF related but still the same law...

Does anyone think this will result in recalls for I-129F (K1 & K3)? I'm wondering if there will be RFEs or not. I'm thinking probably not since a police certificate still needs to be presented at the consular interview which would show if a beneficiary was convicted of any crime (and that's where people usually get informed that they are ineligible without a waiver for CIMT). I'm referring mostly to this part of the memo:

Section 402 of the Adam Walsh Act also amends section 101(a)(15) of the INA to remove spouses or fiancés of U.S. citizens convicted of these offenses from eligibility for “K” nonimmigrant status (Form I-129F). The operative definition of “specified offense against a minor” is contained in section 111(7) of the Adam Walsh Act:

“The term `specified offense against a minor' means an offense against a minor that involves any of the following:

A. An offense (unless committed by a parent or guardian) involving kidnapping.

B. An offense (unless committed by a parent or guardian) involving false imprisonment.

C. Solicitation to engage in sexual conduct.

D. Use in a sexual performance.

E. Solicitation to practice prostitution.

F. Video voyeurism as described in section 1801 of title 18, United States Code.

G. Possession, production, or distribution of child pornography.

H. Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

I. Any conduct that by its nature is a sex offense against a minor.”

Thoughts?

Edited January 29, 2007 by misa

[meauxna 15]

Not DCF related but still the same law...

Does anyone think this will result in recalls for I-129F (K1 & K3)? I'm wondering if there will be RFEs or not. I'm thinking probably not <snip>

The Condi cable clearly allows for recall or RFE of K non-immigrant petitions (and more!) pending information from CIS:

We are requesting clarification from USCIS regarding the validity, for Adam Walsh Act criminal record check purposes, of the fingerprint clearance procedures at the time of I-600 processing that are specified in Reftel (SOP-21) and 9 FAM 42.21 N13.3(d), as well as the applicability of section 402 of the Adam Walsh Act to petitions for family-based immigrant status or K nonimmigrant status that were approved prior to the act's effective date. Further guidance will follow our receipt of the USCIS clarification.

[misa 2]

Thanks for the input.

[Gary Bala 0]

THE END OF DCF AS WE KNOW IT:

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

STATE DEPT. HAS ALSO POSTED THE CABLE MEMO IN QUESTION

ON THEIR WEBSITE:

http://travel.state.gov/visa/laws/telegram...grams_3120.html

[koolaidman23 0]

I received this from the consulate at Rio de Janeiro today. We were "approved" on Dec 11th of 2006.

Dear Sir or Madam:

Due to the new Adam Walsh Law, as of January 26, 2007, all petitions approved on any American Embassy or Consulate, from July 27, 2006 until January 26, 2007, are considered not clearly approvable. Therefore, all petitions approved during this period had to be sent to the DHS for approval. This procedure will cause a delay of the minimum of 4 weeks in all those processes. The American Government is aware of all inconvenience caused to the petitioners and applicants but the law must be accomplished.

Regards,

IV Unit

I dont know what to think. If its 4 weeks only, thats great. But if its 4 months... man I wish they could give more information. But, its better than nothing.

Note that they said "had to be sent to the DHS". Due to the poor english of the writer, I cannot be sure if they actually sent them already or if they havent yet.

[avoci 0]

I received this from the consulate at Rio de Janeiro today. We were "approved" on Dec 11th of 2006.

Dear Sir or Madam:

Due to the new Adam Walsh Law, as of January 26, 2007, all petitions approved on any American Embassy or Consulate, from July 27, 2006 until January 26, 2007, are considered not clearly approvable. Therefore, all petitions approved during this period had to be sent to the DHS for approval. This procedure will cause a delay of the minimum of 4 weeks in all those processes. The American Government is aware of all inconvenience caused to the petitioners and applicants but the law must be accomplished.

Regards,

IV Unit

I dont know what to think. If its 4 weeks only, thats great. But if its 4 months... man I wish they could give more information. But, its better than nothing.

Note that they said "had to be sent to the DHS". Due to the poor english of the writer, I cannot be sure if they actually sent them already or if they havent yet.

So, maybe I AM SAFE since we were approved on July 5, 2006?

[David A. 0]

Wife had her final interview today at the Sydney Consulate. They took Packet 4 from her including my affidavit of support, which totally met the poverty level. They told her that everything is fine and that my I-130 was pending approval and that it would be sent to Bangkok for final adjudication. After she submitted everything, Rose gave all her forms to the interviewer and my wife was asked a few questions. He tried to throw her off by mixing up the answers to her forms. I guess he wanted to be sure that my wife was telling the truth. After that, he said everything was ok and made my wife sign some form. My wife then asked if he was going to have a look at all the evidence of relationship like emails, letters, photos, etc. He said that he didn't need to do that since he already saw it when I filed my I-130 back in November. My wife then asked him what would happen to my I-130 and he said that it would now be forwarded to Bangkok for final approval. He said that he couldn't tell us when it would be completed, he just kept saying to check the Australia Consulate website for updates.

So, if it weren't for this law that was passed last year but not told until last week... we would have been done and my wife would have recieved her green-card within a couple weeks.

Oh well

So Sydney is sending pending approvals to get Banged at Bangkok.

[David A. 0]

Forgot to add... that once my I-130 is approved, they will not be contacting my wife by phone or email, they will just send the visa to my wife's address in Australia. My wife left a 3kg prepaid priority envelope.

The only way to find out the status of pending approvals is to keep checking the Sydney website, or you can email the Sydney Consulate.

[John and Sonya 0]

Forgot to add... that once my I-130 is approved, they will not be contacting my wife by phone or email, they will just send the visa to my wife's address in Australia. My wife left a 3kg prepaid priority envelope.

The only way to find out the status of pending approvals is to keep checking the Sydney website, or you can email the Sydney Consulate.

First I want to say wonderful news for you!!! Appears Sydney may of handled this whole mess properly, I wished they kept the interview with my wife on the 23rd, then let the adjudication occur afterwards and just send the VISA in the mail when ready. My hats off to Sydney.

Now the question is how come they were able to do this and no other embassy could of thought of this instead of sending people home after long trips to the embassy's around the world?? I hope your wait is not long, keep in touch so we can get an idea the time frame to get adjudicated, then we can add the time to whenever they even decide to send out our applications to the appropiate USCIS center.

John

[LvivLovers 39]

What I don't understand is, in this day and age of the Internet, why is this new Adam Walsh act such a show-stopper? Assuming for whatever reason that they can't get access to the required database(s) from the embassies, why can't they submit just the info required to do the check through an email or other means, have the check done by whoever can do it, and have that result sent back? I would assume most if not all people being checked will have a social security number or some other type of identifier that could be used to do this. I'd even support them taking the I-130s as before and doing what they can there...then mail them off to the nearest office that can do the criminal check and sending it back. That still seems like it would be faster than going through the USCIS offices in the U.S. I wish I was in the group that already had their I-130 approved but now has to have the criminal check...I have a feeling that's still going to be 4-5 months quicker. I have to say in general, I'm very unimpressed with the capabilities of our government across the board.

[David A. 0]

Forgot to add... that once my I-130 is approved, they will not be contacting my wife by phone or email, they will just send the visa to my wife's address in Australia. My wife left a 3kg prepaid priority envelope.

The only way to find out the status of pending approvals is to keep checking the Sydney website, or you can email the Sydney Consulate.

First I want to say wonderful news for you!!! Appears Sydney may of handled this whole mess properly, I wished they kept the interview with my wife on the 23rd, then let the adjudication occur afterwards and just send the VISA in the mail when ready. My hats off to Sydney.

Now the question is how come they were able to do this and no other embassy could of thought of this instead of sending people home after long trips to the embassy's around the world?? I hope your wait is not long, keep in touch so we can get an idea the time frame to get adjudicated, then we can add the time to whenever they even decide to send out our applications to the appropiate USCIS center.

John

My wife was on the FINAL interview. My I-130 was already filed back in November when I flew to Sydney. When DCF stopped, last week, they called my wife and told her if she would like to keep her appointment. Of course my wife said yes since her plane ticket was non-refundable. So I'm assuming that people who already had the final interview had the option of keeping it, those who haven't submitted the I-130 got denied.

[John and Sonya 0]

Forgot to add... that once my I-130 is approved, they will not be contacting my wife by phone or email, they will just send the visa to my wife's address in Australia. My wife left a 3kg prepaid priority envelope.

The only way to find out the status of pending approvals is to keep checking the Sydney website, or you can email the Sydney Consulate.

First I want to say wonderful news for you!!! Appears Sydney may of handled this whole mess properly, I wished they kept the interview with my wife on the 23rd, then let the adjudication occur afterwards and just send the VISA in the mail when ready. My hats off to Sydney.

Now the question is how come they were able to do this and no other embassy could of thought of this instead of sending people home after long trips to the embassy's around the world?? I hope your wait is not long, keep in touch so we can get an idea the time frame to get adjudicated, then we can add the time to whenever they even decide to send out our applications to the appropiate USCIS center.

John

My wife was on the FINAL interview. My I-130 was already filed back in November when I flew to Sydney. When DCF stopped, last week, they called my wife and told her if she would like to keep her appointment. Of course my wife said yes since her plane ticket was non-refundable. So I'm assuming that people who already had the final interview had the option of keeping it, those who haven't submitted the I-130 got denied.

Maybe in Sydney. My wife was on her final interview on the 23rd, all paper work was completed, medical done, paid the $380 for her and her daughter. And was sitting there till they called her for interview. Then handed her money back, and told her to go home. Now when its time to go back for her final interview, she will have to travel again. So Sydney did it right!! And I am happy for the two of you and all others who were fortunate. It would be nice to hear from anyone else who had the same experience with still keeping their interviews at a NON-USCIS facility.

[David A. 0]

Forgot to add... that once my I-130 is approved, they will not be contacting my wife by phone or email, they will just send the visa to my wife's address in Australia. My wife left a 3kg prepaid priority envelope.

The only way to find out the status of pending approvals is to keep checking the Sydney website, or you can email the Sydney Consulate.

First I want to say wonderful news for you!!! Appears Sydney may of handled this whole mess properly, I wished they kept the interview with my wife on the 23rd, then let the adjudication occur afterwards and just send the VISA in the mail when ready. My hats off to Sydney.

Now the question is how come they were able to do this and no other embassy could of thought of this instead of sending people home after long trips to the embassy's around the world?? I hope your wait is not long, keep in touch so we can get an idea the time frame to get adjudicated, then we can add the time to whenever they even decide to send out our applications to the appropiate USCIS center.

John

My wife was on the FINAL interview. My I-130 was already filed back in November when I flew to Sydney. When DCF stopped, last week, they called my wife and told her if she would like to keep her appointment. Of course my wife said yes since her plane ticket was non-refundable. So I'm assuming that people who already had the final interview had the option of keeping it, those who haven't submitted the I-130 got denied.

Maybe in Sydney. My wife was on her final interview on the 23rd, all paper work was completed, medical done, paid the $380 for her and her daughter. And was sitting there till they called her for interview. Then handed her money back, and told her to go home. Now when its time to go back for her final interview, she will have to travel again. So Sydney did it right!! And I am happy for the two of you and all others who were fortunate. It would be nice to hear from anyone else who had the same experience with still keeping their interviews at a NON-USCIS facility.

Aw man, I'm sorry John! I didn't realize we were in the same boat! Oh my goodness... how awful. They should have taken your wife's stuff!