DCF is back with new rules 3/21/07

[John and Sonya 0]

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????

[meauxna 15]

You da bomb! Thank you for keeping us posted on this.

Petitions filed under the old system would not be affected by this (she said, with supreme but totally uninformed confidence).

That is, if they do, raise hell. But based on the cases that *are* coming to interview, I do not think that will be the case (I'm thinking of Australia David).

Off to x-post this elsewhere--thank you again for bringing it to the top.

[hmm 0]

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????

WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US

GOOD LUCK

[John and Sonya 0]

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????

WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US

GOOD LUCK

I dont think so either, it says for filing petitions, ours has been already approved and interview is April 25th. We originally had a re-interview scheduled for March 8th, but she just arrived on her tourist visa so we changed to late April. I been in panick mode since because there was alot of hints that they would put a residency requirement and I felt I might of shot myself in the foot by not taking the March 8th appointment. Now I feel better seeing it sayd new petitions. SO WHEW!!! Unfortunately I helped alot of people get married to Ukrainians and with the whole DCF process, now they will not be able to get since they reside in USA.

[hmm 0]

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

Big question, some of us with already have approved petitions before this whole January 23rd Adam Walsh thing, who have not met the 6 months residency, hopefully does not effect us?????

WE WERE IN THE SAME BOAT IR I REMEMBER AND I GOT MY CR1 AND CR2 FOR MY KIDS THURSDAY AND I DONT THINK IT WILL AFFECT U IT DOESNT AFFECT US

GOOD LUCK

I dont think so either, it says for filing petitions, ours has been already approved and interview is April 25th. We originally had a re-interview scheduled for March 8th, but she just arrived on her tourist visa so we changed to late April. I been in panick mode since because there was alot of hints that they would put a residency requirement and I felt I might of shot myself in the foot by not taking the March 8th appointment. Now I feel better seeing it sayd new petitions. SO WHEW!!! Unfortunately I helped alot of people get married to Ukrainians and with the whole DCF process, now they will not be able to get since they reside in USA.

YES IT IS GONNA AFFECT ONLY THE PERSON WHO WILL START FILLING DCF I-130 IN US EMBASSY I THINK THEY ARE BECOMING MORE RESTRICTIVE, SO NO MATTER WHAT WE PASSED OUT THE WALSH LAW AND BEEN RE APROVED AND NOW I THINK U ARE IN THE WAY TO THE END OF THAT PROCESS GOOD LUCK

SORRY FOR MY ENGLISH

HMM

FOLLOWING THE NEW REQUIRED DOCUMENTS IN PARIS

immigrant visas

Limited Filing in Paris

The Immigrant Visa Unit will be closed to the public on Friday, April 6, 2007.

EFFECTIVE IMMEDIATELY, the U.S. Embassy in Paris will accept I-130 petitions for immediate relative immigrant classification from American citizens who have been continuously, legally resident in France for at least the six months prior to petition filing. Individuals, who are in the country on a temporary status, such as student or tourist, do not meet this residency standard and may not file a petition in Paris.

We will also exceptionally accept petitions from non-residents in true emergency cases, such as life and death or health and safety, plus instances where minor children who would be unexpectedly left without a caretaker.

To file, you may appear at the entrance to the Embassy’s consular section between 9:00 a.m. and 10:00 a.m. on Fridays. No new admissions will be allowed after 10:00 a.m. The U.S. citizen petitioner and all alien beneficiaries must appear in person on the day of petitioning.

You should bring the following documentation:

U.S. citizen petitioner and each family member beneficiary passports

U.S. citizen petitioner’s French titre de sejour as proof of six months of continuous, legal residence in France

Two passport-sized photos for the U.S. citizen petitioner and each beneficiary

Proof of relationship:

- Petition for spouse: marriage certificate or copie integrale de l’acte de marriage (Persons previously married must also provide a divorce judgment or death certificate as proof of termination of the previous relationship.)

- Petition for child: child’s birth certificate or copie integrale de l’acte de naissance

Completed forms I-130 Petition and G-325A for each beneficiary

Completed form G-325A for U.S. citizen petitioner (1 copy per petition to be filed.)

Completed form DS-230 for each beneficiary.

$190 petitioning fee. Payment may be made in cash or by credit card. No checks are accepted.

For faster service on the day of petitioning, please have your forms downloaded and completed before coming to the Embassy.

[Niels Bohr 72]

This law doesn't apply to me!

[meauxna 15]

This law doesn't apply to me!

Thank you for sharing.

[Emerald 0]

Ok so does this mean that you can file your I-130 abroad again now, but only if you've lived there for 6months or more?

I went to the Sydney US Embassy website in Australia. There is nothing there about accepting them again.

Be great if it's up and going again.

[zyggy 9]

Ok so does this mean that you can file your I-130 abroad again now, but only if you've lived there for 6months or more?

I went to the Sydney US Embassy website in Australia. There is nothing there about accepting them again.

Be great if it's up and going again.

That's what it says in black and white... the days of the non-resident tourist DCF are gone... there are now clear guidelines.. 6 months of legal residency abroad for a consular post to accept a DCF to be sent to USCIS...

[ufc_cat 0]

So..does this man Japan and Tokyo are back in business doing the DCF???

Ive been living in Japan for the past 5 years. My wife who is Chinese, has been living in Japan for 10 years So , i guess we can apply for DCF???

What am to do now?? I have sent my I-130 to CALI and got my I-797 and I sent my I-129F to Chicago..but waiting for my notice.

What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?

Tokyo does really help and we have to pay money to talk to someone who is not usually a native speaker and doesnt know whats going on??

Any advice for me ..im sure some of you are in the boat??

[hmm 0]

immigrant visas

MORE INFOS

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act. Subsequently, the Department of State and U.S. Citizenship and Immigration Services (USCIS) worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

EFFECTIVE IMMEDIATELY, the U.S. Embassy in Paris will accept I-130 petitions for immediate relative immigrant classification from American citizens who have been continuously, legally resident in France for at least the six months prior to petition filing. Individuals, who are in the country on a temporary status, such as student or tourist, do not meet this residency standard.

All lawful permanent residents (“green card” holders) and U.S. citizens resident in the United States or with a permanent address in the United States will file I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable form I-130.

If you are eligible to file in Paris, please click here for further instructions and information.

[mikgag 0]

Holy #######....

*huge sigh of relief*

awesome.

[iluvmymac 0]

So..does this man Japan and Tokyo are back in business doing the DCF???

K, yes, DCF is back in Japan as well, and the Tokyo embassy website has been updated to reflect the new change.

What am to do now?? I have sent my I-130 to CALI and got my I-797 and I sent my I-129F to Chicago..but waiting for my notice.

What do overseas posters do if we want to file for DFc and we have already started the k3/other spousal visa via the states?

I don't know if there's anything we can do. I'm in the same boat as you, I sent my I-130 to Cali. on 1/31.

[malka 0]

Hey, this is great! Hooray, hooray!!!

A question:

Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?

[John and Sonya 0]

Hey, this is great! Hooray, hooray!!!

A question:

Does anyone know if the embassies are simply accepting the I-130 petition and then forwarding the whole thing to their local overseas USCIS office, or if they are actually adjudicating the petition themselves and simply forwarding the name of the petitioner to USCIS?

If you read the message, consulates that arenot USCIS offices CANNOT perform background checks. They will send your file to USCIS office that has juridisction over the country you have filed. Example, my wife is from Ukraine, they sent our paper work to Moscow to adjudicate my petition for the Adam Walsh background check, it took 3 weeks, and new appointment was assigned. The DCF is the same except you are now required to have 6 months residency and petitioner background has to be checked. Other than that, filing is the same procedure.