Sponsoring a Relative to the US? New I-130 Centralized Filing Procedures – UPDATE

New Filing Procedures for US Relative Petitions

Effective Aug. 15, 2011, US Petitioners residing in countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. This change makes the filing process more efficient and gives USCIS greater flexibility in managing its workload.

Petitioners residing in a country with a USCIS office may send their petitions to the USCIS Chicago lockbox, or file at the USCIS office in that country. Overseas petitioners filing with the lockbox should expect processing times similar to petitions filed domestically, which currently stand at five months.

Based on a Policy Memorandum published in July 2011, these petitioners will also be granted more time to respond to Requests for Evidence (RFE). Applicants and petitioners residing outside the United States are now given up to 12 weeks to respond to RFEs, plus an additional 14 days to account for overseas mail.

Previous regulations permitted individuals overseas, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or their local U.S. Embassy or consulate. Under the new process, USCIS may authorize the Department of State to adjudicate their case in certain emergency situations, including when:

  • A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.
  • A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
  • A petitioner or beneficiary is facing an imminent threat to personal safety.
  • A beneficiary is within a few months of aging out of eligibility.
  • The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
  • The petitioner adopted a child and there is an imminent need to leave the country.

If you are interested in filing an I-130 petition on behalf of a relative, please make sure you follow proper filing procedures.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: 1-130 immigration USA immigration

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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