Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions (March 22, 2007)

March 22, 2007

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.

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.

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.

American citizens legally resident in Japan for at least six months may file an immigrant visa petition (I-130) for a spouse, child, stepchild, or parent at the Immigrant Visa Unit in Tokyo or Naha (Note: other U.S. Consulates in Japan are not authorized to accept I-130 petitions or process Immigrant Visas). To demonstrate residency in a consular district, American Citizens 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 or with limited leave to enter and remain, would not be considered to meet the residency standard unless they have received a residency permit/stamp from the Japanese government and have been living in Japan six months from the date of the stamp. All other individuals must file the petition with the appropriate USCIS Service Center in the United States.

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.