DCF LPR

[throwitaway 189]

Are LPR eligible to petition spouse through DCF assuming all the other criteria are met or is this strictly available only to US citizens?

[Crazy Cat 41,010]

deleted.

Edited September 15, 2022 by Crazy Cat

[powerpuff 6,438]

DCF is available to LPRs, however one caveat is that it is for petitioners who reside abroad with their beneficiaries. Not sure how the consulate will look at an LPR living abroad when they have to maintain residency in the US. Unless you filed for a re-entry permit before moving abroad

[throwitaway 189]

Just now, powerpuff said:

DCF is available to LPRs, however one caveat is that it is for petitioners who reside abroad with their beneficiaries. Not sure how the consulate will look at an LPR living abroad when they have to maintain residency in the US. Unless you filed for a re-entry permit before moving abroad

It’s a complicated and very unique situation. Was just not clear if it was strictly available only to US citizens. Thanks for your response. 

[powerpuff 6,438]

2 minutes ago, Throwitaway1988 said:

It’s a complicated and very unique situation. Was just not clear if it was strictly available only to US citizens. Thanks for your response. 

Okay, no problem. Here’s an actual policy in case you need it:

 

A U.S. citizen or lawful permanent resident (LPR) may file a petition on behalf of a relative using the Petition for Alien Relative (Form I-130), in accordance with the form’s instructions. In certain cases, noncitizenrelatives may self-petition by filing the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).^[1]

 

^{https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3}

 

^{taken to the policy manual page from this page:}

^{https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html}

 

Edited September 15, 2022 by powerpuff
Added link

[Chancy 6,239]

2 hours ago, Throwitaway1988 said:

Are LPR eligible to petition spouse through DCF assuming all the other criteria are met or is this strictly available only to US citizens?

 

1 hour ago, powerpuff said:

A U.S. citizen or lawful permanent resident (LPR) may file a petition on behalf of a relative using the Petition for Alien Relative (Form I-130), in accordance with the form’s instructions.

 

That note on top of the USCIS policy page actually refers to I-130 filing in general.  The rest of the page specifies that DCF is only available to US citizens and only for petitioning immediate relatives (spouse, minor child, parent).

 

"USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative[4] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS."

 

Note [4] -- "Immediate relative refers to a U.S. citizen’s spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over the age of 21).  [...]  Other Form I-130 filing categories, which may be filed by either U.S. citizens or LPRs and are also referred to as preference category petitions, must be filed with a domestic USCIS lockbox or online in accordance with the filing instructions."

 

[throwitaway 189]

Just now, Chancy said:

 

 

That note on top of the USCIS policy page actually refers to I-130 filing in general.  The rest of the page specifies that DCF is only available to US citizens and only for petitioning immediate relatives (spouse, minor child, parent).

 

"USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative[4] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS."

 

Note [4] -- "Immediate relative refers to a U.S. citizen’s spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over the age of 21).  [...]  Other Form I-130 filing categories, which may be filed by either U.S. citizens or LPRs and are also referred to as preference category petitions, must be filed with a domestic USCIS lockbox or online in accordance with the filing instructions."

 

This is what I meant when I said it wasn’t clear - searching DCF on google some sources say it’s available to LPR, then you have this language on USCIS.

[powerpuff 6,438]

I agree, it’s not 100% clear 

[Chancy 6,239]

23 minutes ago, Throwitaway1988 said:

searching DCF on google some sources say it’s available to LPR, then you have this language on USCIS.

 

USCIS and DOS are the definitive sources for the info.  In addition to the USCIS policy page linked above, the DOS foreign affairs manual specifies the actual petitions for immediate relatives of USCs that may be processed via DCF -- widow(er) of USC, orphan adopted by USC, spouse/minor child/parent of USC with exceptional circumstances, and spouse/minor child/parent of USC active military service members or USC who are US government employees assigned abroad.  In all cases, the petitioner must be a USC, or a self-petitioning widow(er) of a USC.

 

From https://fam.state.gov/fam/09FAM/09FAM050402.html --

Quote

9 FAM 504.2-4(A)  (U) Which Petitions Can Be Filed at Post

[...]

a. (U) DHS has delegated authority to accept petitions for certain immigration benefits to consular officers assigned to visa-issuing posts abroad.  CA has agreed to accept filings of:

(1)  (U) Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, when filed by a widow or widower;

(2)  (U) Form I-600, Petition to Classify Orphan as an Immediate Relative, when accompanied by an approved Form I-600A, Application for Advance Processing of Orphan Petition to accord immediate relative status under INA 201(b) or family preference status under INA 203(a);

(3)  (U) Form I-130, Petition for Alien Relative (for immediate relatives - a U.S. citizen's spouse, a U.S. citizen's unmarried child under the age of 21, or a parent of a U.S. citizen who is 21 years of age or older) in limited exceptional circumstances consistent with 9 FAM 504.2-4(B)(1) below); and

(4)  (U) Form I-130, Petition for Alien Relative (for immediate relatives - a U.S. citizen's spouse, a U.S. citizen's unmarried child under the age of 21, or a parent of a U.S. citizen who is 21 years of age or older) filed by U.S. citizen military service members consistent with 9 FAM 504.2-4(B)(1) below.

 

Edited September 15, 2022 by Chancy
formatting

[throwitaway 189]

19 minutes ago, Chancy said:

 

USCIS and DOS are the definitive sources for the info.  In addition to the USCIS policy page linked above, the DOS foreign affairs manual specifies the actual petitions for immediate relatives of USCs that may be processed via DCF -- widow(er) of USC, orphan adopted by USC, spouse/minor child/parent of USC with exceptional circumstances, and spouse/minor child/parent of USC active military service members or USC who are US government employees assigned abroad.  In all cases, the petitioner must be a USC, or a self-petitioning widow(er) of a USC.

 

From https://fam.state.gov/fam/09FAM/09FAM050402.html --

 

Thank you!

[mam521 1,964]

4 hours ago, Chancy said:

 

 

That note on top of the USCIS policy page actually refers to I-130 filing in general.  The rest of the page specifies that DCF is only available to US citizens and only for petitioning immediate relatives (spouse, minor child, parent).

 

"USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative[4] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS."

 

Note [4] -- "Immediate relative refers to a U.S. citizen’s spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over the age of 21).  [...]  Other Form I-130 filing categories, which may be filed by either U.S. citizens or LPRs and are also referred to as preference category petitions, must be filed with a domestic USCIS lockbox or online in accordance with the filing instructions."

 

I suspect this also has to do with the availability of visas for spouses of citizens - no limits and technically no queue.  LPR's are subject to the visa availability and if the category is current.  

[Crazy Cat 41,010]

1 hour ago, mam521 said:

I suspect this also has to do with the availability of visas for spouses of citizens - no limits and technically no queue.  LPR's are subject to the visa availability and if the category is current.  

That is how I see it, too.