Smal Immigration Law Office
​
  • Home: About Us
  • Services: Practice Areas
  • Contact Us
  • IN RUSSIAN
  • Blog: USA Immigration Law Updates
  • Our Websites & Social Media
  • Our Customers' Reviews
  • Disclaimer
  • Useful Links

Who is eligible to file a I-130 at USA Embassy abroad for an Immediate Relative of a US citizen

3/25/2022

0 Comments

 
How to bring an immediate relative of a US citizen to the USA ASAP, if they are from Ukraine, Afghanistan, Ethiopia, and you are with them abroad. Immediate relatives are: spouses of a US citizen, unmarried children under 21 and parents of a US citizen (and you are over 21). Other relatives are not falling under the "immediate relative" category.

Как привезти близкого родственика в США в порядке ускорения: если вы американский гражданин, находитесь вместе с ними за пределами США, и ваш близкий родственник (муж, жена, незамужний ребенок до 21 года, родитель и вы старше 21 года), и ваш родственник из Украины, Афганистана или Эфиопии. Если вы еще не подали на них петицию, теперь вы сможете это сделать в американском посольстве, что позволит съэкономить время.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas.  This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine.  Such citizens must be physically present in the country where they wish to file petitions.  They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022. 
Please email your nearest U.S. embassy or consulate’s Immigrant Visa Unit if you believe you may qualify to locally file a Form I-130 petition.  You can find those email addresses at each individual embassy or consulate website. 

​A list of U.S. embassies and consulates is available at https://www.usembassy.gov.

If you have already filed a Form I-130 petition with USCIS for your immediate relative and it has not yet been approved, you may inquire with USCIS regarding expedition: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
Further information about the immigrant visa process is available at https://travel.state.gov/content/travel/en/us-visas/immigrate.html
For more information for nationals of Ukraine, please see https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html
Additional information for visa applicants from Ukraine is also available at https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html.

Picture
0 Comments

Green Card Holder Husband's I-130 Petition for Wife and Step-Daughter under 21

5/24/2020

0 Comments

 
Question/Вопрос:

Здравствуйте! Мой муж иммигрировал в США в декабре 2019 (воссоединение с сыном). В марте 2020 муж подал на воссоединение со мной(женой), и также ,,прицепом" по моей петиции идет моя назамужняя дочь которой 19,5 лет. Официально мы женаты 2 года. Есть ли у нас шанс воссоединиться в свете последних событий, в связи с указом Трампа, могут ли отменить воссоединение с гринкардхолдером, если так, то что будет с теми, кто уже подал петицию І-130? Заранее спасибо за ответ.
​
Answer/Ответ:

Добрый день!
Я понимаю, что сын вашего мужа американский гражданин. Сын подал петицию на отца, и ваш муж иммигрировал в США в декабре 2019. После получения грин карты он подал одну I-130 петицию на вас, и вы считаете, что ваша дочь включена в эту петицию.
Вашему мужу стоит проконсультироваться с адвокатом по поводу петиции на вашу дочь.
Что касается вашего вопроса об Указе президента и временном приостановлении иммиграции в США, включая вашу визовую категорию.
Этот запрет временный сроком на 60 дней. Когда этот период истечет, он может быть продлен. В любом случае, поданные петиции продолжают рассматриваться USCIS. Запрет на выдачу виз относится к посольствам и консульствам США, и пока является временным.
Всего доброго!
Мой овет опубликован тут 
Picture
0 Comments

Can a U.S. Citizen Living Abroad Petition for His Father and Brother?

5/22/2020

0 Comments

 
Question: Can a US citizen who lives abroad obtain a green card for his brother and father who are living abroad?

Answer: Yes, a U.S. citizen son can petition for his father’s Green Card. The process normally takes a year/year and a half.

A U.S. citizen brother can petition for his brother’s Green Card as well. The process for most countries normally takes about 15 years. It could be longer for people born in some countries (Mexico and Philippines).

​You can start the immigration process even now during COVID-19 pandemic because the USCIS Service Centers are still open.

However, in order to complete the immigration process, a U.S. citizen petitioner will have to move back to USA or prove that he has immediate plans to relocate back to USA. It is also important to show that a U.S. citizen petitioner filed his tax returns with IRS, which would be required at the last stage in the immigration process for the Affidavit of Support.
Picture
0 Comments

USCIS Office at the U.S. Embassy in Moscow, Russia to Close Down on March 29 2019

2/5/2019

0 Comments

 
USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is February 28, 2019.

The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian Federation, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.  The U.S. Embassy in Moscow will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Russia (see table below). The USCIS Refugee Affairs Division will assume primary responsibility for adjudicating refugee cases presented for interview in the region.

Beginning on March 1, 2019, individuals who live in the aforementioned countries must follow these filing instructions:
Service/Form Filing Instructions

Form I-130, Petition for Alien Relative, Petition for Alien Relative
File your petition by mail with the USCIS lockbox facility in Chicago. You can find additional filing information on the Form I-130 Web page.
USCIS may authorize the Department of State to accept a petition filed with a U.S. embassy in some limited circumstances (PDF, 61 KB).

Form I-131A, Application for Travel Document (Carrier Documentation)If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. embassy consular section or USCIS international field office. 

Form I-407, Record of Abandonment of Lawful Permanent Resident StatusForm I-407 may be submitted by mail to the nearest USCIS international field office.  
In rare circumstances, a U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your lawful permanent resident status.

Form I-730, Refugee/Asylee Relative PetitionYou must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
For beneficiary interviews/processing, contact the U.S. embassy consular section in the country where the beneficiary resides.

Form N-400, Application for NaturalizationIf you are a member of the U.S. military and are stationed overseas, please see the Form N-400, Application for Naturalization page or call 800-375-5283 for the most current filing instructions. USCIS will forward the application to the appropriate international field office for processing. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
General information about the U.S. Embassy Moscow is available on the embassy website.

You may also contact the embassy by calling 011-7 (495) 728-5000 or by mailing:

U.S. Embassy Moscow
Bolshoy Deviatinksy Pereulok No. 8
Moscow 121099
Russian Federation 
For more information on the services USCIS provides in the region, please contact the USCIS field office in Athens, Greece.

Briefly in Russian:

29 марта 2019 закрывается офис USCIS при посольстве США в Москве России. Принятие заявлений продолжается включительно до 28 февраля 2019. После этого все заявления от граждан России, Беларуси, Армении, Латвии, Литвы, Молдовы, Узбекистана и т.п., которые раньше рассматривались в офисе USCIS в Москве, будут рассматриваться в офисе USCIS в Афинах в Греции.
Это не касается обычной процедуры выдачи иммиграционных и неиммиграционных виз, а только юрисдикции USCIS.
​



Picture
0 Comments

New USCIS Policy Memorandum on Using DNA Evidence in I-130 Petitions for a Sibling

5/2/2018

0 Comments

 
On April 17, 2018, USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This new guidance will improve USCIS’s ability to evaluate eligibility for immigration benefits by using technological advances in direct sibling DNA test results.

When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test results as evidence of a full-sibling or half-sibling relationship in any petition or application for an immigration benefit in which a sibling relationship is required to establish eligibility or may otherwise be relevant to an eligibility determination.

Note: USCIS will only consider results of DNA testing conducted by an AABB-accredited lab.

USCIS policy on parentage testing remains unchanged.

Testing Against Additional Relatives: to the extent possible, DNA testing against the common parent(s) is encouraged, because it produces more reliable results than tests that do not include a common parent. Similarly, test results that include additional first-degree relatives, such as another sibling, will yield more conclusive results. Including additional blood relatives, such as aunts, uncles, and cousins, also produces more reliable results, particularly where a result is otherwise inconclusive. The AABB standards encourage accredited labs to recommend additional testing of relatives, where appropriate.  

As USCIS does not currently have regulatory authority to require DNA testing, they may only suggest the option of additional testing to the petitioner. The applicant or petitioner bears the burden, however, to establish eligibility for the immigration benefit sought. INA § 291, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013).

DNA could be expensive. The petitioner or applicant will have to pay for the DNA test if suggested by USCIS or the U.S. embassy or consulate.

(Primary evidence to establish a sibling relationship includes birth certificates, and if applicable, marriage certificates. When an officer determines that primary evidence is unavailable or unreliable, the officer may consider secondary evidence that demonstrates the sibling relationship. Secondary evidence that officers may consider includes, but is not limited to, medical records, school records, and religious documents issued contemporaneously with the event they document. Affidavits sworn to by persons who were living at the time of and who have personal knowledge of the event to which they attest may also be accepted if certain conditions are met. Following the BIA’s ruling in Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) USCIS initiated discussions with the AABB Relationship Testing (RT) Subcommittee through the DHS Science and Technology (S&T) Directorate.)
​
This Policy Memo replaces a 2014 Policy Memo (PM-602-0106, DNA Evidence of Sibling Relationships), and previous guidance in Chapter 21.9(c) of the Adjudicator’s Field Manual (AFM).

​New USCIS memo.

Briefly in Russian:

USCIS опубликовал новые инструкции по использованию теста ДНК при анализе петиций поданных на брата и сестру (и также тех братьев и сестер, у кого общий только один из родителей).

Раньше тест ДНК использовался для установления отношений между родителем и ребенком, и не применялся для других категорий. Теперь USCIS могут предложить петиционеру и брату (сестре) пройти тест ДНК через лабораторию аккредитованную AABB. Они не могут принудить петиционера и заявителя пройти этот тест, а могут только "предложить". Но стоит понимать, что предлагать такой тест USCIS будут тем, у кого не хватает первичных документальных доказательств (свидетельства о рождении, о браке) или что-то вызывает недоверие к документам (подозрение, что это подделка). В случае отказа от теста ДНК, USCIS могут отказаться утвердить петицию I-130 или выдать визу. Инструкции по тесту ДНК родителей и детей остаются те же, что и раньше.

Picture
0 Comments

New USCIS Form I-130 and I-130A: Petition for Alien Relative. New I-864P Poverty Guidelines for 2017

3/10/2017

0 Comments

 
On February 27, 2017, USCIS had published a new completely revised edition of the Form I-130 (prior edition had 2 pages, and the new edition is 12 pages long, plus a new Form I-130A was introduced).

The old edition of the Form I-130 (edition date 12/23/2016) will be acceptable only until April 28, 2017. After 04/28/2017, only the most recent 12-page form I-130 will be accepted.

If you are filing for your spouse, he or she must submit Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130. However, a spouse still has to sign form G-28, if you have an attorney.

Please note that you can't file Form I-130 for a spouse (wife or husband) if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review.

However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be submitted with Form I-130; OR
​
B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years.

Biometric Services Appointment. USCIS may require that a US citizen Petitioner and/or foreign national Beneficiary appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on petition.

After USCIS receives the I-130 petition, USCIS will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.

If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;
2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometric services appointment, USCIS may deny your petition.

Also note that the Form G-325A is still valid and required when, for example, applying for adjustment of status.

Please take a note that the federal government updated their federal poverty guidelines, and a new I-864P was released on 03/01/2017. The new I-864P is applicable to all pending and new applications for adjustment of status or immigrant visa.
Picture
U.S. permanent resident card aka "green card"
0 Comments

USCIS revised procedures for determining VISA availability for adjustment of status applicants (I-485) in both family-based and employment-based visa categories.

9/9/2015

0 Comments

 
Picture
On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:
  • Current priority dates for particular visa categories; and
  • The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).
See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:
  • Documentarily qualified visa applicants reported by DOS;
  • Pending adjustment of status applications reported by USCIS; and
  • Historical drop off rate (for example, denials, withdrawals, abandonments).
About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.
  • The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
  • Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

0 Comments

Why should you schedule legal consultation with an attorney. Why an attorney can't give you free legal advice and answer your questions on a spot when you call law office.

4/21/2015

0 Comments

 
Picture
Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.


0 Comments

US Department of State new policy guidance: how to issue a replacement Immigrant Visa (IV) to a visa applicant unable to use an IV during its validity period. 9 FAM 42.74 N1.

4/7/2015

0 Comments

 
Picture
US Dept of State issued a new policy guidance for immigrant visa applicants who were unable to use an Immigrant Visa (IV) during its validity period. 

9 FAM 42.74 N1 ISSUING REPLACEMENT VISA DURING VALIDITY OF ORIGINAL VISA (CT:VISA-2270; 03-31-2015) 

a. If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. 

b. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible. 

c. An applicant who will be or was unable to use an IV during its validity period because of reasons within the applicant's control can submit a new visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship). 
This also applies for new IV applications outside of the original IV's fiscal year of issuance. 

9 FAM 42.74 N1: 
http://www.state.gov/documents/organization/87915.pdf




0 Comments

FAM Update: exceptional circumstances for filing I-130 at the US Consulate abroad. 9 FAM 42.41 Notes.

1/29/2015

0 Comments

 
A FAM update provides two new examples of the types of exceptional circumstances where consular officers should request authorization from USCIS to accept I-130 petitions. 

The new examples involve adoption of a child, and short notice of position relocation. 

See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf

9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015) 

a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS. 

b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes. 

c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions: 

(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members. 
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child. 
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety. 
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility. 
(5) Cases where the petitioner has recently naturalized: 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. 
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child. 
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice. 
(8) Other emergency situations, as determined by the Consular Section. 

d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.
0 Comments
    Schedule consultation
    cards
    Powered by paypal
    Email your questions
    To people seeking legal advice, guidance and help, we offer remote consultations over the phone, Zoom, or video call. 

    Author

    Luba Smal is an attorney exclusively practicing USA federal immigration law since 2004.  She speaks English and Russian. 

    To ask questions or to schedule consultation, please email or use our scheduling app.

    List of our links.

    We have useful FREE RESOURCES: 

    Our YouTube Channel.

    Facebook Page in English &

    Facebook Page in English and Russian

    Picture

    Archives

    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015

    Categories

    All
    10 Year Ban
    10-year Ban
    10 Year Visa
    10-year Visa
    180-day Rule
    2020 DV Lottery
    212(a)(6)(C)
    212e
    2 Year Home Residency Requirement
    30-60 Day Rule
    30-60 Days Rule
    3 Year Ban
    50/20
    55/15
    5th Amendment
    65/20
    8 CFR
    90 Day Rule
    90-day Rule
    90 Days Rule
    9 Circuit
    9 FAM
    9 FAM 40.103
    9 FAM 402.9
    9 FAM 42.41 Notes
    9 FAM 42.74 N1
    9 Fam 502.6
    9th Circuit
    Aao
    Ab 60
    Ab60
    Ab 60 Driver's License
    Abandonment
    Abuse
    Abuser
    Ac21
    Accommodations
    Acquire Citizenship
    Address
    ADIT
    Adjustment Of Status
    Adjustment Of Status Interview
    Administrative Appeals Office
    Administrative Processing
    Admission
    Admission Record
    Adoption
    Adoption Of Child
    Advance Parole
    Advice
    Advise
    Advisory
    Affidavit Of Support
    Afghanistan
    Airport
    Alcohol-related
    Alert
    Alien
    Alien Of Extraordinary Ability
    Alien Registration
    American Citizen
    American Citizenship
    Amicus Curiae Brief
    Annual Cap
    Appeal
    Application Fee
    Application For Naturalization
    Application For Visa To Russia
    Appointment
    Approval Rate
    Aquisition
    AR-11
    Arerst
    Army
    Arrest Order
    Asc Uscis
    Assets Freeze
    Asylee
    Asylum
    Attorney
    Attorney-client Privilege
    Attorney General
    Attorney Smal
    Au Pair
    Australian
    A Visa
    B 1
    B-1
    B1
    B 1 Visa
    B-1 Visa
    B 2
    B-2
    B2
    B2 Visa
    Bachelor's Degree
    Backlog
    Ban
    Bar
    Belarus
    Bia
    Biden
    Bill
    Biometrics
    Birth Certificate
    Birth Of Child Abroad
    Birth Tourism
    Board Of Immigration Appeals
    Bona Fide
    Border Search
    Brazil
    Brother
    Business Visa
    Business Visitor Visa
    Cable
    California
    Canada
    Canadian Citizen
    Canadian Resident
    Cancellation Of Removal
    Cancelled
    Cap-gap
    Carrier Documentation
    Case Inquiry
    CBP
    CBP Home
    CBPHome
    CBP One
    CBPOne
    Cell Phone
    Certificate Of Citizenship
    Certificate Of Naturalization
    Change Of Address
    Change Of Status
    Child
    Child Of A Fiance
    Children
    China
    Chinese Birth Tourism
    Cities For Action
    Citizenship
    Civics
    Civil Surgeon
    Civil Unrest
    Class Action
    College
    Common Immigration Scam
    Complaint
    Compliance
    Conditional Green Card
    Confidential And Privileged
    Confidentiality
    Congress
    Constitution
    Consul
    Consular Processing
    Consulate
    Consultation
    Contact
    Conviction
    Coronavirus
    COS
    Court
    Court Hearing
    Court Of Appeals
    Court Order
    Covid
    COVID19
    CR-1
    Crime
    Criminal
    Criminal Case
    CSPA
    Cuba
    Cuban Assets Control Regulations
    Current
    Daca
    Dapa
    Declaration Of Financial Support
    Declaration Of Self Sufficiency
    DED
    Deferred Action
    Deferred Action For Childhood Arrivals
    Deferred Action For Parental Accountability
    Deferred Action For Parents Of Americans And Lawful Permanent Residents
    Deferred Inspection
    Denaturalization
    Denial
    Denial Rate
    Department Of Defense
    Department Of Homeland Security
    Department Of Justice
    Department Of State
    Dependent
    Dependent Visa
    Deportation
    Deported
    Derivative
    Derivative Citizenship
    Derivative Citizenship Chart
    Designated Civil Surgeon
    Designation As A State Sponsor Of Terrorism
    Dhanasar
    DHS
    Diploma
    Directive
    Director
    Disability
    Discretion
    Diversity Visa
    Divorce
    Dmv
    DNA
    DNA Test
    DOJ
    DOL
    Domestic Violence
    Dos
    Dream Act
    Dreamers
    Driver's License
    Drug Addiction
    Drug Conviction
    DS 160
    DS-160
    DS 260
    DS-260
    DS260
    DSO
    Dual Citizen
    DUI
    Dutch State
    Dv
    Dv 2016
    DV-2016
    Dv2016 Lottery
    Dv 2017
    Dv2017
    DV 2017 Lottery
    DV-2017 Lottery
    Dv 2017 Program
    DV 2018
    DV 2019
    DV-2019
    DV 2020
    DV-2020
    DV 2021
    DV 2022
    DV 2023 Lottery
    DV 2024
    DV 2024 Lottery
    DV 2025
    DV2025
    DV 2025 Lottery
    DV Lottery
    DV Lottery 2021
    DV Lottery Rules
    Dv Lottery Selectee
    Dv Visa
    DWI
    E-1
    E1
    E 1 Visa
    E-1 Visa
    E-2
    E2
    E2 Treaty Investor
    E 2 Visa
    E-2 Visa
    E-3
    E3 Visa
    Ead
    Ead Sample
    Eb 1
    EB-1
    Eb1
    EB2
    EB-3
    Eb3
    EB4
    EB 5
    EB-5
    Eb5
    Eb5 Investor
    Ecuador
    Elections
    Electronic Application
    Electronic Device
    Electronics Ban
    El Salvador
    Embassy
    Emergency
    Employer
    Employment Authorization
    Employment Based
    Employment-based
    Enforcement
    Engineer
    English Exemption
    Enhanced Screening
    Entrepreneur
    Eoir
    EOS
    ESTA
    ETA
    ETIAS
    Eu
    Europe
    Evacuation
    E-Verify
    EVerify
    Evidence
    Exceptional Circumstances
    Exchange Visitor
    Executive Action On Immigration
    Executive Order
    Exemption
    Expanded Daca
    Expat
    Expatriate
    Expedite
    Expedited Removal
    Expedited Renewal
    Extension Of Status
    Extention
    Extraordinary Abilities Or Achievements
    Extreme Hardship Waiver
    Extreme Vetting
    F 1
    F-1
    F-1
    F1
    F1 Visa
    F2
    F2A
    Facial Biometrics
    Facial Recognition
    Family Based
    Family-based
    Family Reunification
    Fatca
    Fbi
    Federal Court
    Federal Crime
    Federal District Court
    Federal Lawsuit
    Federal Register
    Fee Calculator
    Fees
    Fee Schedule
    Fee Waiver
    Felony
    Femida
    Fiancee
    Fiancee Visa
    Fiance Visa
    Field Office
    Filing Fee
    Final Rule
    Fingerprint
    Flores V Meese
    FOIA
    Following To Join
    Forced Labor
    Foreign
    Foreign Adoption
    Foreign Student
    Form 6051-D
    Fraud
    Fraudulent Asylum
    Free Attorney
    Freedom Of Information Act
    Free Education
    Free Lawyer
    Free Legal Advice
    Free Legal Consultation
    Free Online University
    FY 2019
    FY 2020
    FY 2021
    G-1450
    G1450
    G 28
    G-28
    G28
    G325R
    G-639
    Gay Marriage
    Gaza
    Gender
    German Law
    Germany
    GMC
    Gold Card
    Goldcard
    Good Moral Character
    @gov
    Grant
    Green Card
    Greencard
    Green Card Interview
    Green Card Lost
    Green Card Lottery
    Green Card Lottery Winner
    Green Card Through Marriage To A Us Citizen
    Guide
    G Visa
    H-1
    H1
    H-1B
    H-1b
    H1b
    H1B Cap
    H1b Visa
    H2B
    H-2 Visa
    H-4
    H4
    H 4 Spouse
    H-4 Spouse
    Haiti
    Hardship
    HART
    Health Insurance
    Health Related
    Health-related
    High School
    Home Residency Requirement
    Honduras
    How To
    How To Apply For A Passport
    How To Apply For ITIN
    How To Apply For Us Passport In Omaha
    Humanitarian
    Humanitarian Parole
    Humanitarian Relief
    Human Trafficking
    H Visa
    I-129
    I129
    I-129F
    I-130
    I130
    I-130A
    I130 At Consulate Abroad
    I 130 Petition For A Sibling
    I-130 Petition For A Sibling
    I 130 Petition For A Spouse In Same Sex Marriage
    I-130 Petition For A Spouse In Same Sex Marriage
    I 130 Priority Date
    I-130 Priority Date
    I-131
    I131
    I131A
    I134
    I134A
    I 140
    I-140
    I140
    I212
    I290B
    I360
    I-407
    I407
    I 485
    I-485
    I485
    I485 Pending
    I512T
    I539
    I551
    I589
    I 601
    I-601
    I-601
    I601
    I-601A
    I601a
    I693
    I730
    I 751
    I-751
    I751
    I765
    I-765V
    I821
    I-864
    I864
    I864P
    I9
    I90
    I907
    I912
    I918
    I-94
    I94
    I944
    ICE
    ICE Detainer
    ICE Raid
    Id
    Illegal
    ILRC
    IMBRA
    Immigrant
    Immigrant Intent
    Immigrant Investor
    Immigrant Visa
    Immigration
    Immigration Advice
    Immigration Attorney
    Immigration Case
    Immigration Court
    Immigration Fraud
    Immigration Judge
    Immigration Lawyer
    Immigration Links
    Immigration Medical
    Immigration Raid
    Immigration Reform
    Immigration Relief Measures
    Immigration Rights
    Immigration Scam
    INA 203(b)(1)(A)
    INA 212(A)(10)(C)
    INA 212(a)(6)
    INA 212(a)(9)(B)
    INA 212(d)(3)(A)
    INA 262
    Inadmissibility
    Inadmissibility Ground
    Indentured Servitude
    India
    Individual Hearing
    Ineffective Assistance Of Counsel
    Injunction
    Intelligence
    Internal Revenue Service
    International Adoption
    International Child Abduction
    International Child Abduction Inadmissibility
    International Entrepreneur
    International Entrepreneur Rule
    International Student
    Interpretation
    Interpreter
    Interview
    Investigation
    Investor Visa
    Iowa
    Iraq
    IRS
    Islam
    ITIN
    IV
    J1
    J1 Visa
    Job Relocation
    Judge
    K 1
    K-1
    K1
    K 1 Visa
    K-1 Visa
    K-2
    K2
    K 2 Visa
    K-2 Visa
    K3
    K 3 Visa
    K-3 Visa
    K4
    K 4 Visa
    K-4 Visa
    Kazakhstan
    Kazarian
    Kcc
    Kentucky Consular Center
    Know Your Rights
    KZ
    L1b Adjudications Policy
    L 1b Person With Specialized Knowledge
    L-1B Person With Specialized Knowledge
    L 1b Visa
    L-1B Visa
    L1 Visa
    Laptop Ban
    Law Enforcement
    Lawful Permanent Resident
    Lawsuit
    Lawyer
    Legal Advice
    Legal Consultation
    Legitimated Child
    Links
    List Of Seven
    List Of Six
    Lost Or Stolen
    Lottery Winner
    LPR
    L Supplement
    Luba Smal
    Mandatory Detention
    Manual
    Marijuana
    Marquez
    Marriage
    Marriage-based
    Marriage Broker
    Marriage Fraud
    Maternity Tourism
    Matricula Consular
    Matter
    Matter Of Cross
    MAVNI
    Medical
    Medical Exam
    Memorandum
    Merit Based
    Merit-based
    Mexico
    Military Naturalization
    Military Service
    Misrepresentation
    Moscow
    Motion
    Muslim
    Muslim Ban
    M Visa
    MyProgress
    Myuscis
    N336
    N-400
    N-400
    N400
    N-600
    N600
    N648
    National Interest Waiver
    National Security
    National Visa Center
    Natural Disaster
    Naturalization
    Naturalization Test
    Natz
    Navy
    NE
    Nebraska
    Nebraska Immigration Attorney
    Nebraska Immigration Lawyer
    Nepal
    Nepal Earthquake
    Newborn
    New Form
    New Rule
    Nicaragua
    Niv Waiver
    NIW
    Nobel Prize
    No Eyeglasses Policy
    Noid
    NOIR
    Nonimmigrant
    Nonimmigrant Visa
    Notario
    Notario Public
    Notario Scam
    Notary
    Notice Of Entry Of Appearance As Attorney
    Notice To Appear
    NSC
    NTA
    Nurse
    Nvc
    O 1b Visa
    O-1B Visa
    OIG
    Omaha
    Omaha Attorney
    Omaha Immigration Attorney
    Omaha Immigration Lawyer
    Omaha Lawyer
    Ombudsman
    OPT
    Order Of Removal
    Out Of Status
    Out Of Wedlock
    Overstay
    O Visa
    Palestine
    Pamphlet
    Pandemic
    Parole
    Parolee
    Parole In Place
    Passport
    Passport Agency
    Passport Application
    Penalty
    Permanent Resident
    Permanent Resident Card
    Petition
    Petition To Remove Conditions
    Phone Scam
    Photo
    Pickering
    Pilot
    PIP
    POA
    Point-based
    Police Certificate
    Policy
    Policy Guidance
    Policy Manual
    Political Asylum
    Port Of Entry
    Post-conviction Relief
    Post Office
    Potomac
    Poverty Guidelines
    Power Of Attorney
    Practice Advisory
    Precedent
    Premium Processing
    President
    Presidential Elections 2016
    Priority Date
    Process For Venezuelans
    Processing Times
    Proclamation
    Program
    Proper Id
    Proposed Rule
    Prostitution
    Protected Status
    Provisional Waiver
    Public Benefits
    Public Charge
    Public Health
    Published Decision
    P Visa
    R-1
    R-1 Visa
    Racehorse Trainer
    Raid
    Real Id
    Real Id Act
    Reasons Beyond Applicant's Control
    Receipt
    Reentry
    Reentry Permit
    Refugee
    Refugee Travel Document
    Registration
    Reinstatement
    Rejection
    Religious Worker
    Removal
    Renewal
    Renew Passport
    Renounce
    Renounce Us Citizenship
    Reparole
    Request For Evidence
    Retrogression
    Revocation
    RFE
    Right To Counsel
    Russia
    Russian
    Russian Federation
    Russian Visa
    R Visa
    Safe Address
    Same Sex Marriage
    Same-sex Marriage
    Sanctions
    Sanctuary City
    Sanctuary State
    Scam
    Scammer
    Scholarship
    Science
    Scientist
    Search
    Search Order
    SEC
    Sec 101(c)(1)
    Section 106a
    Section 106b
    Secure Communities
    Seizure
    Self Petition
    Self-petition
    Settlement
    Sevis
    Sevp
    Sex-trafficking
    Shutdown
    Sibling
    Signature
    SIJS
    Sister
    SiV
    Skills List
    Smithsonian
    Social Media
    Social Security
    Special Immigrant
    Specialized Knowledge
    Sponsor
    Spouse
    SSA
    SSN
    Startup
    Startup Parole
    State Photo Id
    State Sponsor Of Terrorism
    Statistics
    Stem
    Stepchild
    Stepparent
    Student
    Student Visa
    Supervisory Skills
    Surveillance
    Suspended
    Tax
    Tax Return
    Telephone Scam
    Termination
    Texas
    Texas Department Of Human Services
    Title 42
    Tourist
    Tourist Visa
    TPS
    TRAC
    Translation
    Translator
    Transportation Letter
    Travel
    Travel Advisory
    Travel Authorization
    Travel Ban
    Travel Document
    Travel History
    Travel Itinerary
    Treaty
    Treaty Country
    Treaty Investor
    Treaty Trader
    TSA
    TSC
    T Visa
    U4U
    UAC
    UK
    Ukraine
    ULP
    Unaccompanied Child
    Unaccompanied Minor
    Unauthorized
    Unauthorized Practice Of Law
    Unconditional Permanent Resident
    Undocumented Immigrant
    Undocumented Student
    Undue Hardship
    Unemployment
    Unforeseen Circumstances
    United States
    United States V Texas
    Uniting For Ukraine
    University
    Unlawful
    Unlawful Presence
    Unpublished Decisions
    UPIL
    UPL
    USA
    Usa Birth Certificate
    Usa Citizenship
    Usa Embassy
    Usa Passport
    USCIS
    Uscis Appointment
    Uscis Case Status
    Uscis Fee Schedule
    Uscis Inquiry
    Uscis Memo
    Us Citizen
    Us Citizenship
    Us Department Of State
    Useful Links
    US Embassy
    Us Passport
    Us Supreme Court
    Us V Texas
    U Visa
    Uzbekistan
    Vacated
    Vaccination
    VAWA
    Venezuela
    Vermont
    Vetting
    Victim Of Crime
    Video
    Visa
    Visa Application
    Visa Bulletin
    Visa Denial
    Visa Fee
    Visa For Australian
    Visa Fraud
    Visa Free
    Visa Interview
    Visa Validity Period
    Visa Waiver
    Visa Waiver Program
    Visitor
    Visitor Visa
    VSC
    Vwp
    Waiver
    Waiver Of Inadmissibility
    Warning
    Warrant
    Web Portal
    Webportal
    Widow
    Widower
    Work Permit
    Work Permit Sample
    Work Visa
    Your Rights
    адвокат
    адвокат
    американский юрист
    безвизовый
    Беларусь
    беларусь
    бесплатная консультация
    бесплатная консультация
    бизнес
    бизнесмен
    вейвер
    вейвер
    видео
    вид на жительство
    виза
    виза
    виза в Беларусь
    виза в США
    гостевая виза
    гражданство США
    граница
    граница
    грин карта
    грин карта
    гринкарта
    депортация
    Дханасар
    запрет
    знай свои права
    иммигрант
    иммиграционная виза
    иммиграционный адвокат
    иммиграционный суд
    иммиграционный юрист
    иммиграция
    иммиграция
    инструкции
    интервью
    Казахстан
    консульство
    консульство США
    мошенничество
    Небраска
    Омаха
    Остап Бендер
    пароль
    паспорт
    паспорт США
    пограничный контроль
    политическое убежище
    получение паспорта США
    посольство
    посольство США
    постоянная грин карта
    постоянный житель сша
    разрешение на поездки
    разрешение на работу
    разрешение на работу
    резидент
    скам
    скаммеры
    стартап
    суд
    суд
    США
    туристическая виза
    указ
    указ президента
    условная грин карта
    условный вейвер
    юридическая помощь
    юрист

    Click to set custom HTML

    RSS Feed

Copyright Smal Immigration Law Office. 2005 - 2025. All rights reserved.
Disclaimer: www.law-visa-usa.com/disclaimer.html

​Tel +1-402-210-2040 by appointment only. To schedule a consultation, please use our online scheduler or email at [email protected]
Web Hosting by PowWeb