DCF is back

[Labanah_y_Iyan 0]

Hello hello, I got very good news today......I went in to the Chilean consulate where i filed the I-130 to see if they had any news on the time delays with this new law and the man behind the counter told us he had VERY GOOD NEWS. That on Friday the 9th he recieved final word that all the names to have background checks would be EMAILED today to the USCIS for the checks. And that within ten days all petitioners from this consulate would have calls for their final interviews. He said little time left to wait and actually put us on a priority since we came in to ask. And he also said that this is happening worldwide. HALLLLELUYAHH!!!!!! We couldn't be happier

Man that is super sweet! I filed in Santiago de Chile too. "HALLLLELUYAHH!!!!!!" Couldn't have said it better myself. Thanks for posting the good news!!

[Elle 0]

*holds breath for Sydney Consulate to post the news officially*

[vylex 0]

*holds breath for Sydney Consulate to post the news officially*

Same with me Elle. That would be wonderful news for people like David A. I hope it also means that they will accept I-130s from USC spouses from the states again. If it's just a matter of them sending names to USCIS offices to confirm background checks then I might have a chance.

[Henia 11]

So is DCF back? In all the consulates or just select or is it not offical yet?

[vylex 0]

So is DCF back? In all the consulates or just select or is it not offical yet?

It's a rumor right now for most of us. The exceptions appear to be for people that have been told directly by their consulates handling their case. I am waiting until I see it officially on the Sydney Consulate and USCIS websites before I let out a scream of joy.

[prpplague 0]

So is DCF back? In all the consulates or just select or is it not offical yet?

It's a rumor right now for most of us. The exceptions appear to be for people that have been told directly by their consulates handling their case. I am waiting until I see it officially on the Sydney Consulate and USCIS websites before I let out a scream of joy.

just spoke to my senators office, they could not confirm this. according to all the information they had from DoS and USCIS, that all paperwork was being forwarded to USCIS offices for processing.

hopefully we will hear something soon.

just a side note, if you are expecting help from either senator from texas, forget it, both offices have staff that are less than informed and even less interested in helping. i actually had a staff member tell me that they should bar ALL immigration and that amercians should find americans to marry. i was totally astonded!

[Henia 11]

So is DCF back? In all the consulates or just select or is it not offical yet?

It's a rumor right now for most of us. The exceptions appear to be for people that have been told directly by their consulates handling their case. I am waiting until I see it officially on the Sydney Consulate and USCIS websites before I let out a scream of joy.

Hmmm ok thanx Vylex. I will continue to check the gov site and here on Vj...hopefully something will change?

But another quick (maybe silly) question... If I file my I-130 via the offices in the US, and then a few weeks later an offical annoucement saying DCF is back... can I refile or redirect my I-130 to my husband's consulate.... or is it just better to wait? After DCF being canceled, after a week of sheer shock and confusion, we decided to just file for the CR/IR1 visa but after seeing several people posting DCF is back.... we are even more confused. To wait or not to wait?!

[Henia 11]

just a side note, if you are expecting help from either senator from texas, forget it, both offices have staff that are less than informed and even less interested in helping. i actually had a staff member tell me that they should bar ALL immigration and that amercians should find americans to marry. i was totally astonded!

Wooooaa that is just crazy considering this is the melting pot country and was founded by immigrants

[vylex 0]

So is DCF back? In all the consulates or just select or is it not offical yet?

It's a rumor right now for most of us. The exceptions appear to be for people that have been told directly by their consulates handling their case. I am waiting until I see it officially on the Sydney Consulate and USCIS websites before I let out a scream of joy.

Hmmm ok thanx Vylex. I will continue to check the gov site and here on Vj...hopefully something will change?

But another quick (maybe silly) question... If I file my I-130 via the offices in the US, and then a few weeks later an offical annoucement saying DCF is back... can I refile or redirect my I-130 to my husband's consulate.... or is it just better to wait? After DCF being canceled, after a week of sheer shock and confusion, we decided to just file for the CR/IR1 visa but after seeing several people posting DCF is back.... we are even more confused. To wait or not to wait?!

Henia, I am the same exact boat! I have my I-130 packet ready to be sent off but I figure I will wait a few more weeks in hope of some good news. I would rather be visiting my wife in April knowing I can file for the DCF. If you can, give it a few more weeks. I am personally hoping to hear something about it before the end of this week. Hang in there if you can.

[meauxna 15]

But another quick (maybe silly) question... If I file my I-130 via the offices in the US, and then a few weeks later an offical annoucement saying DCF is back... can I refile or redirect my I-130 to my husband's consulate.... or is it just better to wait? After DCF being canceled, after a week of sheer shock and confusion, we decided to just file for the CR/IR1 visa but after seeing several people posting DCF is back.... we are even more confused. To wait or not to wait?!

Because you are not yet a citizen, you are in a different boat than the others here. Are you planning on sending your I-130 now, under your PR status and upgrading it later?

Since you hadn't yet done that, I'm not current with you, but if you do decide to later file abroad, you'll simply refile and pay another fee.

[Darryl 0]

This may not be the case....See the letter I received today from the US Consulate in Montreal....

Your immigrant visa petition (I-130) was previously approved at a US consulate. Congress recently pass the Adam Walsh Child Protection and Safety Act, a law requiring that all I-130 petitions undergo a further screening to determine if the US Citizen petitioner has ever been convicted for certain types of crimes. Because of this new requirement, the Department of state has instructed embassies and Consulates worldwide to suspend processing on any I-130 petitions that were filed through a US Consulate after the effective date of this act and to forward these petitions to the Department of Homeland Security's Citizenship and Immigration Services (USCIS) for further processing. To meet the requirements of the Adam Walsh Act, every I-130 petition filed since its effective date (July 27, 2006) must undergo an additional law enforcement check to determine whether the petitioner has a criminal record relevant to the act. Consular officers do not have access to and by law are not authorized to obtain petitioners criminal history records, which must be reviewed to establish eligibility under the Adam Walsh Act. Consular officers, therefore cannot run the checks now necessary to approve a petition,

You are waiting for an interview but we are required to send the petition to USCIS for their review and approval. Unfortunately, we have no idea right now how long this action will delay your case. As soon as we receive additional guidance on handling these petitions, we will inform you. Please do NOT submit any documents to us at this time because we cannot proceed with processing your case and any documents submitted may be outdated by the time your case is eligible for processing. We understand that this change may cause significant delays for some families, but it is based on legal requirements that we cannot disregard. We sincerely regret the additional delay and inconvenience this will cause you.

Sincerely,

Immigrant Visa Unit Chief

[Elle 0]

When was the letter dated?

*still holding my breath*

This may not be the case....See the letter I received today from the US Consulate in Montreal....

Your immigrant visa petition (I-130) was previously approved at a US consulate. Congress recently pass the Adam Walsh Child Protection and Safety Act, a law requiring that all I-130 petitions undergo a further screening to determine if the US Citizen petitioner has ever been convicted for certain types of crimes. Because of this new requirement, the Department of state has instructed embassies and Consulates worldwide to suspend processing on any I-130 petitions that were filed through a US Consulate after the effective date of this act and to forward these petitions to the Department of Homeland Security's Citizenship and Immigration Services (USCIS) for further processing. To meet the requirements of the Adam Walsh Act, every I-130 petition filed since its effective date (July 27, 2006) must undergo an additional law enforcement check to determine whether the petitioner has a criminal record relevant to the act. Consular officers do not have access to and by law are not authorized to obtain petitioners criminal history records, which must be reviewed to establish eligibility under the Adam Walsh Act. Consular officers, therefore cannot run the checks now necessary to approve a petition,

You are waiting for an interview but we are required to send the petition to USCIS for their review and approval. Unfortunately, we have no idea right now how long this action will delay your case. As soon as we receive additional guidance on handling these petitions, we will inform you. Please do NOT submit any documents to us at this time because we cannot proceed with processing your case and any documents submitted may be outdated by the time your case is eligible for processing. We understand that this change may cause significant delays for some families, but it is based on legal requirements that we cannot disregard. We sincerely regret the additional delay and inconvenience this will cause you.

Sincerely,

Immigrant Visa Unit Chief

[Henia 11]

But another quick (maybe silly) question... If I file my I-130 via the offices in the US, and then a few weeks later an offical annoucement saying DCF is back... can I refile or redirect my I-130 to my husband's consulate.... or is it just better to wait? After DCF being canceled, after a week of sheer shock and confusion, we decided to just file for the CR/IR1 visa but after seeing several people posting DCF is back.... we are even more confused. To wait or not to wait?!

Because you are not yet a citizen, you are in a different boat than the others here. Are you planning on sending your I-130 now, under your PR status and upgrading it later?

Since you hadn't yet done that, I'm not current with you, but if you do decide to later file abroad, you'll simply refile and pay another fee.

I just waiting for my oath letter. We are bebating whether to send now or wait a few weeks to see what happens with this new law. If I file now, time would pass... but if DCF comes back.... would it be worth it? Not very sure at all here....

[Hannah and Grant 0]

That letter reminds me a lot of the letter I received when told my appointment had been canceled.

They seem to make a point of extending average wait times and delays by crazy amounts or saying they don't know how long it will take, probably just to cover themselves.

It appears that most news is good so far regarding this matter, especially for people that have actually visited consulates and spoken to someone about it.

I originally had a bad feeling about all of this, but that has changed and my gut is beginning to tell me much more positive things.

[Darryl 0]

The letter was dated February 6th, 2007. I understand there will always be 'glitches' here and there, but the part that really gets me is that they do not even estimate how long the delay will be. It's peoples lives at stake - my wife and I are not in a really tight situation but I really feel for those who are seperated from there spouses, kids, relatives, etc. If processes are going to change they should be changed ahead of time so that they don't have such an adverse affect on everyone. Plan first, than implement the policies - not the other way around.

I guess we all just sit and wait patiently....hope for the best