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DCF/Direct Consular Filing Returns

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Old Mar 21st 2007 | 8:30 am
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Default DCF/Direct Consular Filing Returns

No more non-resident filings, however. Genuine residents and real emergencies only need apply.

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm
Media Note
Office of the Spokesman
Washington, DC
March 21, 2007

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).


2007/216


Released on March 21, 2007
 
Old Mar 21st 2007 | 10:11 am
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Default Re: DCF/Direct Consular Filing Returns

That is awesome news, i had literally just read about the ceasing of I-130's being processed abroad and had started stressing about the problems it posed, then i read this.
 
Old Mar 21st 2007 | 10:28 am
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Default Re: DCF/Direct Consular Filing Returns

Originally Posted by Gerry1000
That is awesome news, i had literally just read about the ceasing of I-130's being processed abroad and had started stressing about the problems it posed, then i read this.
Super!
There is some dated information here: http://www.visajourney.com/forums/in...ustom&page=dcf

Anyone using this link, please note that there is NO non-resident filing available overseas. If you live in the US, file in the US.
Petitioners can expect to be required to show 6+ months residency in the foreign country where they will petition.
 
Old Mar 21st 2007 | 5:13 pm
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Default Re: DCF/Direct Consular Filing Returns

Originally Posted by meauxna
Anyone using this link, please note that there is NO non-resident filing available overseas. If you live in the US, file in the US.
Petitioners can expect to be required to show 6+ months residency in the foreign country where they will petition.
Other than the USCIS criminal check, which I still believe is pointless, everything naturally moves faster if the paperwork originates and stays in the same country as the beneficiary since it's that beneficiary who has to have nearly all of the background checks done.

So I wholeheartedly recommend that people take the ten-foot pole route if their personal situations allow it. That way, petitioner is in the same country where they'll have meds and interview and only *their* background check has to go overseas.

I really cannot wait until 2008. Not that things will improve necessarily but we'll get a fresh batch of spinners. Fourteen years under GW is long enough for me.
 

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