Embassy's will no longer accept I-130

[Henia 11]

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 essential everyone who filed after July 27 of last year is/was effected. Even though I know of several couples who have been throu DCF (just in my dH's embassy) alone ... even using DCF earlier this month, getting the approval, visa in hand and the beneficary already sitting happy in the States.

I understand the reasoning behind this new law. Hopefully it will crack down on sex trafficing, buuuuuut what I want to know is the embassies did not get a heads-up so they could basically let everyone else know?

Also with all the computer technology why is not possible for embassies to have assess to a database who they run background checks? Of course my questions will not change anything, but I still do have ? mark by those...

Anyway, after getting over the shock of it, I guess I am lucky. I did not file yet, and for those who did. I am sure they will work something out.

[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.

So essential everyone who filed after July 27 of last year is/was effected. Even though I know of several couples who have been throu DCF (just in my dH's embassy) alone ... even using DCF earlier this month, getting the approval, visa in hand and the beneficary already sitting happy in the States.

I understand the reasoning behind this new law. Hopefully it will crack down on sex trafficing, buuuuuut what I want to know is the embassies did not get a heads-up so they could basically let everyone else know?

Also with all the computer technology why is not possible for embassies to have assess to a database who they run background checks? Of course my questions will not change anything, but I still do have ? mark by those...

Anyway, after getting over the shock of it, I guess I am lucky. I did not file yet, and for those who did. I am sure they will work something out.

In a nutshell, because those databases are only available to law enforcement to prevent their misuse and the State Dept is not law enforcement...

[koolaidman23 0]

Wife got a call from the US Consulate today. Her FINAL appointment for next week has been cancelled. We had packet 4 in hand and ready to turn in, we were only waiting for the Visa and we were done. We've been through the entire process and with one phone call, it's over with.

To answer anybody else's question who got caught in the middle... There's your answer. No embassy/consulate will accept or approve visas for spouses or relatives.

I dont understand what you are saying.... You are telling me that now the consulate is not even issuing the visas?? That cant be right. This is about I-130s, not visas. Unless you have proof of this, in writing, please dont go scaring people. Your interview was cancelled PROBABLY because they have to find out if you are a sex offender.

This is about the DCF process. It's in the DCF forum. Anyone who hasn't filed for DCF is not scared. What they are saying is that the consulates and embassies cannot issue a visa (at this point in time, until they figure out what is going on) to people who have filed DCF. Relax.

And to those of you going through this - my heart goes out to you. If I had known about DCF through Paris, I surely would have done that in October (as evidenced by my Paris thread here), and my heart would be in my throat now too. As it is, I'm sick about thinking what is going through your heads now.

I am going through the DCF process, my petition was approved December 11th in Rio. Yes, I am a bit scared. What the person I quoted was saying was that the consulates would not be issuing visas at all. He used the words "no embassy/consulate will approve VISAS for spouses or relatives". Now my point was, dont say anything you cannot prove, that is all. We have proof ONLY that they will not be approving I-130s from now on.

[jpaula 20]

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?

[bostonparis 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!!

Edited January 25, 2007 by bostonparis

[jpaula 20]

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.

[payxibka 10,045]

If anyone wants to contact the people responsible:

Emilio Gonzalez

Director of USCIS - responsible for accurate, efficient and securing immigration benefits - 800-767-1833

Lynn Skeirik

Director of National Visa Center NVC - 603-334-0927

NVC Public Inquiries - 603-334-0700

June Kunsman

Director of VISA Services - 202-663-1153

Office of Inspector General - responsible for investigating mishandeling of USCIS (Department of Homeland security) operations - e-mail: dhsoighotline@dhs.gov

And the man who made this nightmare all possible - Micheal Aytes - Associate Director, Domestic Operations - however, I cannot find his number or e-mail He wrote the memo

Maybe we should let them hear us?

While the USCIS (a component of the Department of Homeland Security) will certainly feel the whiplash from this, the decision to suspend acceptance of I-130's at the foreign posts was not made by them but from within the Department of State. I think complaining to USCIS may be waste of valuable energy. Needs to be focused where it can make a difference.

[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.

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...

Edited January 25, 2007 by zyggy

[Lunamel 0]

Acording to what has been stated here, it appears that this will not be unlike IMBRA where any I-130 petition where a visa has not already been issued is being recalled so that these mandatory checks can be made.

What is not known is if these checks are being performed at USCIS overseas field offices or if they are being sent back to the US. Personally, I think the better deal would be if they were being sent back to the US so that they can throw more adjudicators onto the problem and push these through...

But the ripples of this will be felt throughout the system, from I-130 applications that are being sent in stateside to I-129F peititons for fiancees....

From what's been said in some other threads, as far as Australia goes, I-130 petitions that have already been filed will be sent to the Bangkok USCIS office rather than back to the US. I assume something similar will happen in other countries. Presumably, this might be quicker than having them sent back to the US, but who knows.

It also seems that Sydney is allowing those with a previously filed I-130 to keep their interview dates, but just for the purpose of handing in their documentation. That way, once the I-130 is finally re-approved, they should have all the necessary info on hand to grant the visa.

[Aussielad 37]

well, i guess that i was one of the lucky last ones to ever get to do DCF, even though mine was done in 2005

As for the rest, good luck, your all in my prayers,...... i tend to call this

Politics.....beaucracy.....and bull$hit!

[avoci 0]

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?

[avoci 0]

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...

By significant, what exactly (or ballpark idea) are you talking here? We have already been waiting for almost 8 months? We have said since the beginning that after a year, I would go wait this out with him in Albania.

Can I move there? Will this affect his chances of getting the visa?

Thanks!

[payxibka 10,045]

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.

[avoci 0]

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?

So now my husband will have to wait for MORE paperwork, send it to USCIS, then they check it (again( then they send it back to Albania, then they set up an interview???????

NO WONDER WHY SO MANY PEOPLE COME HERE ILLEGALLY!!!!!!!!!!!!!!!!!!!!!!!

... 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.

[/quote

So, now I can file the I130 from here?

[payxibka 10,045]

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?

So now my husband will have to wait for MORE paperwork, send it to USCIS, then they check it (again( then they send it back to Albania, then they set up an interview???????

NO WONDER WHY SO MANY PEOPLE COME HERE ILLEGALLY!!!!!!!!!!!!!!!!!!!!!!!

avoci,

Hang in there... you might be OK. Your indicate that your petition was filed before the magic date. Let them sort it out.