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Applying for I-130 under exceptional circumstances

Applying for I-130 under exceptional circumstances

Old Apr 20th 2023, 3:19 pm
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Default Applying for I-130 under exceptional circumstances

Hey there,

My wife (USC) has received notification from her employer that they are moving her role back to the US for January next year. We've asked for a dated letter that we can use to apply under exceptional circumstances in the hope that our application will then be processed via the embassy in London. We've been married for 6 years and have two young children who both have dual citizenship (US and UK)

Has anyone had any experience of applying for their visa via the exceptional circumstance route and has any advice they offer?

Thank you in advance.
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Old Apr 20th 2023, 4:17 pm
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Default Re: Applying for I-130 under exceptional circumstances

Iā€™m a retired immigration lawyer and am completely out of the advice business.

Out of idle curiosity, I did read the DOS info on the procedure and drilled down to link from the USCIS policy manual. Although I never had direct experience with particular procedure you are seeking to employ I did have occasion to seek expedited processing of petitions and/or applications under the standards set forth.

Let me put it this way, based upon the facts as stated I would not bet money on the success of an expedite request. That said, I sense possibilities in augmenting a request to greatly increase the odds of a successful application.

Although I am out of the advice business, I feel comfortable identifying circumstances where the aid of experienced immigration counsel is a good idea. Your situation is one such circumstance.
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Old Apr 20th 2023, 5:06 pm
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Default Re: Applying for I-130 under exceptional circumstances

An example of what is considered exceptional circumstances is: Exceptional circumstances are defined in the Immigration and Nationality Act (INA), section 240(e)(1), to include compelling circumstances such as: Battery or extreme cruelty to you or your child or parent; Serious illness of you or your spouse, child or parent; or. The death of your spouse, child or parent.Jun 24, 2022

Your desire to emigrate to the US at the same time as your USC spouse does not fit the above examples. Have your spouse start the initial application for your Legal Permanent Resident visa by filing your I-130 asap. She and the children will probably have to return to the US before you get your visa but you can visit them while you wait.
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Old Apr 20th 2023, 6:17 pm
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Default Re: Applying for I-130 under exceptional circumstances

Originally Posted by Rete
An example of what is considered exceptional circumstances is: Exceptional circumstances are defined in the Immigration and Nationality Act (INA), section 240(e)(1), to include compelling circumstances such as: Battery or extreme cruelty to you or your child or parent; Serious illness of you or your spouse, child or parent; or. The death of your spouse, child or parent.Jun 24, 2022

Your desire to emigrate to the US at the same time as your USC spouse does not fit the above examples. Have your spouse start the initial application for your Legal Permanent Resident visa by filing your I-130 asap. She and the children will probably have to return to the US before you get your visa but you can visit them while you wait.
On the bottom line, you may very well be right. However, the information you cite is not only in a different context but also allows for circumstances not listed.

The information I linked to in my post expressly disallows consular processing once an I-130 has been filed with USCIS. Hence a consultation with counsel to explore possibilities before filing.
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Old Apr 24th 2023, 10:26 am
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Default Re: Applying for I-130 under exceptional circumstances

Thank you both for your feedback on this. There is a page on the US Embassy UK site that lists some choices for what they deem exceptional, one of which is 'Short notice of position relocation' so was looking at starting the process and then filing a request via this.


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Old Apr 24th 2023, 12:38 pm
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Default Re: Applying for I-130 under exceptional circumstances

Originally Posted by LDPLDN
Thank you both for your feedback on this. There is a page on the US Embassy UK site that lists some choices for what they deem exceptional, one of which is 'Short notice of position relocation' so was looking at starting the process and then filing a request via this.
The language you note is tempered by the general language of

ā€œIf a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below.ā€

When I was in practice I learned that that it was insufficient to minimally meet the express requirements when it came to expedite requests. Also, it is important to you one needs to make it important to the consular officer reviewing the request.

Good luck.
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Old May 9th 2023, 9:37 am
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Default Re: Applying for I-130 under exceptional circumstances

Hi - the embassy in London just agreed to take our case for the same reason you have so I am sure you will be fine. We are working with Immigration Lawyers and they anticipate the entire process through this avenue is around 26 weeks.
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