USCIS Advises Petitioners Overseas - Do Not Re-File I-130

[sooperspryte 0]

For those of us caught in the I-130 limbo, this just came out from the USCIS:

http://www.uscis.gov/files/pressrelease/I1...pdate022707.pdf

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USCIS Advises Petitioners Overseas - Do Not Re-File I-130

Processing Continues on Petitions for Alien Relative

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) advises anyone who filed

a Petition for Alien Relative, (Form I-130) with an American embassy or consulate since July

2006 that they do not need to re-file the petition. USCIS is working with the Department of State

to process those petitions.

The Department of State announced in January 2007 that certain requirements of the Adam Walsh

Child Protection and Safety Act (enacted in July 2006) precluded them from accepting new

petitions.

U.S. citizens who live abroad may continue to file new petitions with a nearby USCIS

international office. A list of offices and the countries they service is on the USCIS web site:

http://www.uscis.gov.

USCIS expects to issue instructions for new filings in the near future and will provide updated

information once the details have been finalized with the Department of State.

Petitioners traveling overseas who actually live in the United States must file their I-130 petitions

with the appropriate USCIS service center in the United States, according to the instructions on

the form, http://www.uscis.gov/files/form/I-130.pdf.

– USCIS –

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Basically it says "we're working on it" and otherwise isn't particularly anything new. Still, it's good to see *something* from the USCIS about the Adam Walsh Act.

[David A. 0]

Finally! Something in writing.

[Labanah_y_Iyan 0]

Finally! Something in writing.

I know right... 'Bout time!

[dbzman 0]

It looks like the DCF in Japan is out of the question for me. My fiancé and I had planned on getting married in April and then submitting the I-130 in Tokyo. Tokyo was one of the few consulates that allowed American citizens to file; even if they did not live in Japan. It looks like this is not coming going to happen.

It is a shame and a little frustrating since we had planned on this being available. Japan had a reputation of quick resolution of the I-130 and Interview completion; maybe 4 to 6 months timeframe.

I am still hopeful that something will change before April.

I am glad to hear that everyone who filed before the new law took effect will not have to re-file. That is great news!

Good Luck!

[vylex 0]

Finally! Something in writing.

That's great news because if you hadn't already started it, you most likely would have had to file stateside which we know will take a much much longer time.

[malka 0]

"U.S. citizens who live abroad may continue to file new petitions with a nearby USCIS

international office. "

Hee hee. The "continue" part of this cracks me up. Seems most of the USCIS offices abroad never got THAT memo.

"USCIS expects to issue instructions for new filings in the near future... "

Ha! Ha ha!! Ha HAA!!!!!!!

Sorry, folks. I'm used to planning things out many months ahead of time. This past month has been an education. Ah, well, at least it's nice here in the Balkans...

Edited February 28, 2007 by malka

[jewelworld 0]

You are right. I called the USCIS Bangkok office yesterday. They are totally unaware of the new announcement. I even had to explain to them how to access this new announcement on the USCIS homepage. An after do so(25mins overseas calling time), they turned me down saying they did not receive any instructions on filing overseas petitions. They are only processing petitions from US citizens residing in Thailand.

[JazzeroKi 0]

Here's some of that latest news from inside the Rome district.

The news is getting spread around to all overseas USCIS offices.

The Rome district directors will be discussing this on there agenda for last week.

There are rumors of an official cable that just came out today telling USCIS offices to accept applications from people residing outside the country. I'll try and find out if that did get sent today and post news once I find out.

[txdutch 0]

I am still waiting for my I-130 to get re-approved by the USCIS in frankfurt, suboffice of the Rome District Office. This Due to the Adam Walsh act. Someone got any info about this processing time?? Thanks

[malka 0]

Talked to USCIS in Vienna just now... they say that they are waiting for clarification of what the "nearby" USCIS office wording means in the above memo. When that memo went up on the main USCIS website, it was the first their office had heard of it. For now, they are still only accepting petitions from USCs resident in Austria.

I asked if this means that DCF may be dead... she said that they still do expect that DCF will eventually come back, with consulates sending the names of petitioners to USCIS for background checks. She said that the expectation was that this will add 5 working days to the process, but that as they work out the kinks at the beginning, the time added is really unknown.