| Immigrant
Visas: FILING A PETITION |
As
of January 22, 2007, consular offices abroad were instructed to
cease accepting certain immigrant visa petitions because they were
not able to conduct the required criminal background checks on U.S.
citizen petitioners, as required by the Adam Walsh Act.
Subsequently,
the Department of State and the 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
March 26, 2007, consular posts abroad will accept petitions for
immediate relative immigrant classification (for spouses and minor
children) from U.S. citizens who are legally resident
in their consular districts and have been for the preceding six
months. Consular officials may also accept petitions
from members of the armed forces assigned overseas, as well as
true emergency cases, such as life and death or health and safety,
and others determined to be in the national interest.
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Examples of family emergency include minor children who would
be unexpectedly left without a caretaker.
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Examples of national interest include facilitating the travel
of United States military and other U.S. Government 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 of the U.S., and U.S. 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).
Additional information may be found on the main USCIS webpage
at www.uscis.gov. USCIS can
also be reached through their National Customer Service Center
(NCSC) at 1-800-375-5283 (TTY 1-800-767-1833).
Please contact us at consularlapaz@state.gov
with any related questions or concerns.
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