Embassy's will no longer accept I-130

[Henia 11]

Any replies to phone calls and emails to Congressmen and consulates?

Edited January 24, 2007 by Henia

[Henia 11]

Not giving you any legal advice, but I hired a immigration lawyer for myself to help me with my INS issues (getting my GC) years back. The lawyer took me on 3 year long whirlwind ride of BS... He got all my money and I got a long wait for nothing. The thing with laywers is they say they file the paperwork, but many times they donnot. They just ask for more money. After I fired my laywer, I refiled myself my case was proved within 4months. So myself, I will never use a laywer (unless I really really have to)... That is just my experience...

Edited January 24, 2007 by Henia

[koolaidman23 0]

Not giving you any legal advice, but I hired a immigration lawyer for myself to help me with my INS issues (getting my GC) years back. The lawyer took me on 3 year long whirlwind ride of BS... He got all my money and I got a long wait for nothing. The thing with laywers is they say they file the paperwork, but many times they donnot. They just ask for more money. After I fired my laywer, I refiled myself my case was proved within 4months. So myself, I will never use a laywer (unless I really really have to)... That is just my experience...

I feel the same. Even if I could afford it, I wouldnt pay for a lawyer. The immigration process is difficult, but it is not quantum physics.

[misa 2]

Posted yesterday (or today) for Toronto:

Effective January 23, 2007, due to the provisions of the 2006 Walsh Act, PL 109-248, all immigrant petitions (I-130) must be adjudicated directly by mail with CIS in the U.S. The Department of State overseas, at any U.S. Embassy or Consulate, can no longer adjudicate I-130s. Therefore, U.S. Consulate Toronto will no longer accept I-130s. All petitioners resident in Ontario must file I-130s by mail with the CIS Service Center having jurisdiction over your U.S. place of residence. If you have no U.S. residence you may file an I-130 by mail to: USDHS/CIS Vermont Service Center, 75 Lower Weldon St, Saint Albans VT 05479. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links on services to permanent resident.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

[misa 2]

Just a thought: How much faster would it be hiring an attorney to help? I bet not that much faster. I got a card off of someone today who is good friends with an immigration atty for high profile people. Who knows, just for the h3ll of it, I will call and inquire.

Hiring an attorney won't speed up processing time.

[payxibka 10,045]

Just a thought: How much faster would it be hiring an attorney to help? I bet not that much faster. I got a card off of someone today who is good friends with an immigration atty for high profile people. Who knows, just for the h3ll of it, I will call and inquire.

Hiring an attorney won't speed up processing time.

Regardless of what they might tell you.....

[tom&tata 2]

US Consulate in Jakarta hasn't updated their website. It's still saying that they accept I-130 application at their consulate. I am sure they are just late.

[vylex 0]

Posted yesterday (or today) for Toronto:

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

12 months best case??? I hope Australian immigration doesn't take as long.

[misa 2]

Posted yesterday (or today) for Toronto:

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

12 months best case??? I hope Australian immigration doesn't take as long.

It may be quicker elsewhere. Montreal (the only consulate here that issues CR-1/IR-1 visas) is very very slow with interview dates.

[meauxna 15]

I'm not sure how to respond to the suggestions and criticisms in this thread --many of which I am disappointed to read.

I invite you all to read this thread, which clarified a bit more: http://britishexpats.com/forum/showthread.php?t=421108

Some information which may help someone here:

The Embassy/Consulate distinction has nothing to do with it. The presence of a USCIS Field Office may make a difference. Note that the DCF Guide and the CFR lead you to the names of the foreign cities with CIS Field Offices.

It will be interesting to see if I-130s filed with one of these offices will still be recalled for readjudication.

I personally do not think that contacting an elected official is an appropriate response; rather, I don't think it will net any of you any joy. This is very similar to the IMBRA implementation if anyone wants to study what has happened before.

And, since this is something that has *just* happened, bear in mind that news and policies are not rolled out in a perfect package--give some time for post to learn about the change and what they will have to do differently.

And finally, remember that you are NOT entitled to this service (filing abroad). This has always been something that the Consulates have done as a favor, and only by the special permission of USCIS. It's not like there is no remedy available for you, and Stateside filing is not the same burden now that it was a few years ago. IE: a six month wait is not the same as a three year wait.

edit to add CFR link: http://www.uscis.gov/propub/ProPubVAP.jsp?...52bd97b8937ce80

Edited January 24, 2007 by meauxna

[avoci 0]

Posted yesterday (or today) for Toronto:

Effective January 23, 2007, due to the provisions of the 2006 Walsh Act, PL 109-248, all immigrant petitions (I-130) must be adjudicated directly by mail with CIS in the U.S. The Department of State overseas, at any U.S. Embassy or Consulate, can no longer adjudicate I-130s. Therefore, U.S. Consulate Toronto will no longer accept I-130s. All petitioners resident in Ontario must file I-130s by mail with the CIS Service Center having jurisdiction over your U.S. place of residence. If you have no U.S. residence you may file an I-130 by mail to: USDHS/CIS Vermont Service Center, 75 Lower Weldon St, Saint Albans VT 05479. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links on services to permanent resident.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

I filed and my I130 was approved in Albania on July 5, 2006. Their website only says they are no longer ACCePTING I-130s.

I am not sure where I stand. ANYBODY with any info on what's going to happen IF my papers ARE sent to Vienna (the USCIS office that oversees Albania).

ANybody know if my priority date will still matter?

[zyggy 9]

It's probably going to be like IMBRA.. a big cluster and a hell of a lot of confusion... some people are going to be delayed and there isn't the personnel in USCIS overseas offices to review the I-130's for all the consulate that they serve... it's definitely going to add some significant time to your process...

[misa 2]

I filed and my I130 was approved in Albania on July 5, 2006. Their website only says they are no longer ACCePTING I-130s.

No, it also says that approved I-130s will go through NVC:

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

I am not sure where I stand. ANYBODY with any info on what's going to happen IF my papers ARE sent to Vienna (the USCIS office that oversees Albania).

Did you contact the consulate where you filed for DCF and ask them where they're sending approved petitions?

[meauxna 15]

... it's definitely going to add some significant time to your process...

Z, I still think that no one knows enough to say even that at the moment. I agree that it's not going to be top priority for the reviewing CIS office, but no one knows exactly how they're going to handle the already-adjudicated petitions.

IMO, everyone should walk away from their desk for 10 and try to not worry. It *will* be handled eventually. And if you don't like that uncertainty, you can always lodge an I-130 stateside as your backup. Me, I would save my money for a few weeks before making that decision, but it IS an option.

[misa 2]

Should this thread be pinned? People are still asking questions about how to do DCF...