travels to the consulate to file abroad in order to expedite the process and (2) petitioner has already filed I-130 in the US.
Also DOS may not exercise its discretion if: (i) an IR petitioner, based in the U.S. DOS may exercise its discretion, however, only when USCIS online or domestic filing with an expedite request would likely not be sufficient to address the emergency.
IC 756 PRO II SERVICE MANUAL ERRATA FULL
Consular officers may also accept and adjudicate I-130 IR petitions in their discretion if they believe they are in need of immediate processing due to exceptional circumstances, including, but not limited to: (1) military members who are being transferred on short notice (2) medical emergencies of the petitioner or beneficiary (3) petitioners or beneficiaries facing imminent threat to personal safety (4) an child beneficiary aging out within a few months (5) a petitioner has recently naturalized and a new petition is required (6) a petitioner has adopted a child abroad and has an imminent need to depart but only if there is a full and final adoption decree (7) a petitioner, living and working abroad has received a job offer in or reassignment to the US with little notice before the start date. In addition, when appropriate and at the discretion of the consulate DOS, through temporary blanket authorization, may accept and adjudicate I-130 IR petitions directly affected by severe civil strife or natural disaster. embassies, international organizations or civil institutions. However, the blanket authorization does not apply to US service members on temporary duty orders or members working at U.S. citizen military service member stationed abroad. DOS officers are granted blanket authorization to accept and adjudicate I-130s involving immediate relatives if the petitioner is a U.S. Under limited circumstances DOS officers abroad may accept and adjudicate only I-130 petitions for immediate relatives but only if the petitions are “clearly approvable.” USCIS Policy Alert, PA-2020-03, Accepting Petition for Alien Relative (Form I-130) Abroad (Jan. USCIS field offices will no longer accept filing abroad at its remaining international offices except Accra, Ghana and London, UK. 31, 2019 USCIS initiated an online Form I-130 filing. See instructions for Forms I 130 and I 485 on USCIS website for specific addresses. Stand-alone I 130s are filed at the Chicago Lockbox but instructions on all forms should always be checked because the filing locations change often. I 130s-I 130s filed concurrently with Form I 485 are filed at the Chicago Lockbox. Minutes, AILA/ICE Meeting (June 19, 2015) at Q.21, AILA Doc. In those situations ICE has previously said it “will facilitate transportation to a USCIS Application Support Center” and recommends that “counsel work with the local OCC and FOD” to accomplished the process. USCIS does not grant requests to collect biometrics from persons in custody at correction institutions and will not travel to jails, prisons, or similar non-DHS detention facilities to perform biometrics, including for “petitioners, beneficiaries, derivatives, sponsors…regardless of their immigration status.” USCIS will issue biometric notices to appear and “generally does not approve requests to reschedule a biometrics appointment for reason of detention or incarceration.” Of course, if a person does not appear, his or her application is deemed “abandoned.” For persons incarcerated at DHS facilities USCIS relies on ICE and ERO to complete background and security checks. with the following:īiometrics in Detention-The prior policy of facilitating transportation of persons detained to an Application Support Center has been reversed. This page supplements Kurzban's Immigration Law Sourcebook, and contains corrections, clarifications, and selected updates to the 16th Edition.Ĭlick on a page number to see the update:Ĩ8-89 (Ch.