Will USCIS DCF resume in 2021?

[Boiler 45,478]

2 minutes ago, Appy said:

I think argument can be made both ways but if they already have an established life and are abroad it makes sense that they shouldn’t have to wait so long to go back to the US and once family life has been established it’s pretty harsh to take it away. Consider the circumstances of DCF too, which is normally USC and foreign spouse living abroad for years and then have to come back to the US. It’s understandable to me that a route is open for both of them to get back to the US quickly. The USC might have a job waiting or a sick family member, why should they have to be separated from a spouse they’ve established a life with? Of course no one should be separated for so long but when you marry a foreign spouse this is the norm. 
 

I just don’t share the “if we have to suffer then others have to as well.” It’s just not my style personally but understand that others feel that way. The real issue is that it shouldn’t take so long for a (non-DCF) spousal visa to be issued in the first place. 

Nobody is suggesting family life it taken away, certainly UK compared to say Canada seems pretty flexible in what they will consider as Domicile.

 

Many spouse, well those unable to obtain visa's to visit have no option other than to wait.

 

There are expedites for those with unusual circumstances.

[Appy 38]

20 minutes ago, Boiler said:

Nobody is suggesting family life it taken away, certainly UK compared to say Canada seems pretty flexible in what they will consider as Domicile.

 

Many spouse, well those unable to obtain visa's to visit have no option other than to wait.

 

There are expedites for those with unusual circumstances.

Isn’t saying that DCF shouldn’t be allowed implying that an already established family life should be taken away? 
 

That’s hardly true that expedites are for those with unusual circumstances. It’s incredibly subjective and discretionary - just look at Manila. 

[Boiler 45,478]

Why would an established family life be taken away? DCF just allowed somebody to file directly with the Consulate, nothing to do with breaking up families.

 

I am not sure how expedites can be other than subjective, the very nature of the beast.

[carmel34 3,625]

I did DCF from Canada to the US, twice, back in 1990 and in 1996, for my wife and kids, the first time for grad school, the second time for work.  Both times it took about three months.  I can't imagine what people in similar circumstances have to go through these days, with timelines for consular processing taking 12-18 months or more.  A lot of advance planning would be required or just stay abroad and not bother with US immigration at all.  I would guess that the total number of US immigration and visa applications has grown exponentially in the last thirty years, but the USCIS and DOS staff numbers have not kept up with that growth, hence the long wait times and no more DCF.  It's a mess that has needed to be fixed for a long time, but I'm not sure if a new Biden administration will be able to do much about it, especially if immigrant and non-immigrant visa application numbers start to surge.

Edited January 3, 2021 by carmel34

[Boiler 45,478]

Well he did nothing in his previous 8 years except to make the process longer.

[payxibka 10,045]

1 hour ago, Appy said:

Manila is giving it away like candy. 
 

 

Petitioner's from Philippines would disagree 

[payxibka 10,045]

1 hour ago, Stuwoolf said:

What was the reasoning behind the cancellation of the DCF process? Was it political? If so, there may be scope, depending on the politics of the day, for the system to be resurrected?

Budgetary

[Appy 38]

11 minutes ago, payxibka said:

Petitioner's from Philippines would disagree 

Oh that’s hardly true and purposefully obtuse. We know they are giving it out for missing anniversaries, birthdays etc. That’s hardly exceptional circumstances. Maybe not all petitioners of Filipino beneficiaries  would agree but I’m sure a larger proportion would as compared to petitioners of beneficiaries from other countries. 

Edited January 3, 2021 by Appy

[Appy 38]

17 minutes ago, Boiler said:

Why would an established family life be taken away? DCF just allowed somebody to file directly with the Consulate, nothing to do with breaking up families.

 

I am not sure how expedites can be other than subjective, the very nature of the beast.

That’s the point? It’s an already established family life that wouldn’t be taken away if DCF is available. If not, the family would more likely have to be separated if the USC needs to be back in the US ASAP. 

 

It’s not that subjective - there is a list of circumstances where it’s granted. However Manila embassy gives it out for missed birthdays, anniversaries, etc. 

[Boiler 45,478]

You seem to be arguing for faster processing for certain type of cases not DCF per se.

 

I am sure many people would be happy to argue they should be processed faster.

[Stuwoolf 44]

4 hours ago, payxibka said:

Budgetary

Well, thats that, then!

[millefleur 5,046]

5 hours ago, Boiler said:

DCF just allowed somebody to file directly with the Consulate, nothing to do with breaking up families.

This isn't technically true for those who applied at USCIS offices abroad. While we call it "Direct Consular Filing" here on VJ, what "DCF" actually was involved a 2 step process: filing at the USCIS office abroad directly in person, then the file would get sent over to the Embassy. Although this took place in the same physical building as the Embassy/Consulate, the USCIS office was entirely separate and had separate staff from the Embassy. The USCIS abroad part was just faster because at least in Moscow they interviewed the petitioner and the beneficiary (together) when you turned in the I-130, so you ended up having two interviews: one with USCIS and one with the Embassy. In my experience, the USCIS interviewer was significantly harsher and asked many more difficult questions than the Embassy side did.

 

I guess maybe the double interview could've been part of the reason for the faster processing as well. Obviously people who file with USCIS to the lockbox do not get the experience of being interviewed directly by USCIS unless it's a rare, extremely suspicious case where the petitioner in the US gets called in. But obviously since in most cases, the beneficiary is abroad and not in the US, USCIS does not have the opportunity to interview the petitioner and the beneficiary together, thus the vetting process slows down to a strictly paperwork matter, which is obviously much slower than having people file the I-130 and get interviewed together on the spot.

Edited January 3, 2021 by millefleur

[Boiler 45,478]

Well I am familiar more with how Londo did it, well still do in exceptional circumstances. And there it was one interview and yes two offices in one building so I was not clear with that.

 

As far as I am aware it was not supposed to ever be a fast route, even through in my time it has been seen that way.

[millefleur 5,046]

8 minutes ago, Boiler said:

Well I am familiar more with how Londo did it, well still do in exceptional circumstances. And there it was one interview and yes two offices in one building so I was not clear with that.

 

As far as I am aware it was not supposed to ever be a fast route, even through in my time it has been seen that way.

My understanding now is with the "exceptional circumstances" processing (which we can assume will be DCF from now on), USCIS isn't involved at all and the Embassy just does it all. There haven't been too many people here on VJ who've done "exceptional circumstances" so I'm not totally sure, but it seems they bypass USCIS altogether, hence a much faster processing time.

[Boiler 45,478]

I have seen a few elsewhere and of course current processing time is no guide to normal, seemed to be quite common in London and most people commented on the time saving.