6 USCIS-PM B.3

A U.S. citizen, U.S. national, [1] or lawful permanent resident (LPR) may file a petition on behalf of a qualifying relative using the Petition for Alien Relative ( Form I-130 ), in accordance with the regulations and form instructions. [2] Petitioners must file a Form I-130 petition for certain alien beneficiaries within a specific period to ensure the alien beneficiary qualifies for the classification sought, such as filing before the age of 21 for certain children. [3] A beneficiary of a family-based immigrant petition may concurrently file to adjust status in certain circumstances. [4] For example, since immediate relatives are not subject to numerical limitations on visa availability, an immediate relative beneficiary who is in the United States may file an Application to Register Permanent Residence or Adjust Status ( Form I-485 ) concurrently with the immigrant petition or after it is approved. [5] Generally, family-based petitions must be filed with USCIS. [6] However, there are limited circumstances where the U.S. Department of State (DOS) may accept and adjudicate Form I-130. USCIS no longer accepts and adjudicates routine Form I-130 petitions at its international field offices. A. When the U.S. Department of State is Authorized to Accept and Adjudicate Form I-130 USCIS has delegated [7] authority to DOS to accept and adjudicate a clearly approvable Form I-130 filed abroad by a U.S. citizen petitioner for an immediate relative [8] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. [9] A clearly approvable petition is generally one that includes sufficient primary evidence to establish the status of the petitioner and the qualifying relationship. [10] This policy applies even in countries with a USCIS presence. Without such delegation, DOS has no authority to permit a U.S. embassy or consulate to accept a local Form I-130 filing abroad.

If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes needs immediate processing of a Form I-130 filed by a U.S. citizen petitioner for an immediate relative, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below. If DOS accepts a petition, USCIS must receive notice of the filing and information about the basis for local acceptance. 1. Exceptional Circumstances Examples of exceptional circumstances include, but are not limited to: Military emergencies – A U.S. citizen military service member petitioner, who is abroad but who does not fall under the blanket authorization for U.S. citizen service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice.

This exception generally applies in cases where the U.S. citizen service member is provided with exceptionally less notice than normally expected. Medical emergencies – A petitioner or alien beneficiary is facing an urgent medical emergency that requires immediate travel. Threats to personal safety – A petitioner or alien beneficiary is facing an imminent threat to personal safety. For example, a petitioner and alien beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

Close to aging out – An alien beneficiary is within a few months of aging out of eligibility. Petitioner has recently naturalized – A petitioner and alien beneficiary has traveled for the immigrant visa interview, but the petitioner has naturalized and the beneficiary requires a new petition based on the petitioner’s citizenship. Adoption of a child – A U.S. citizen petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the adoptive parent petitioner(s) has a final adoption decree on behalf of the child and has had legal custody of and jointly resided with the child for at least 2 years. [11] Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

Discretion The list of examples provided above is not exhaustive. DOS may exercise its discretion to accept clearly approvable local Form I-130 filings for other exceptional circumstances, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation. DOS may consider a petitioner’s residency within the consular district when determining whether to accept a filing, but it is not required. [12] 2.

Blanket Filing Authorizations USCIS may issue a blanket authorization for DOS to exercise its discretion to accept locally-filed clearly approvable Form I-130 immediate relative petitions in certain situations. Petitioners in these situations do not need to reside in the country of the U.S. embassy or consulate, but they must meet the blanket authorization criteria described below in order to file a Form I-130 with DOS. Temporary Blanket Authorizations for Large Scale Disrupting Events In certain events, such as prolonged or severe civil strife or a natural disaster, USCIS may authorize a blanket authorization for DOS to accept and adjudicate clearly approvable Form I-130 immediate relative petitions from petitioners directly affected by such events. If DOS accepts a petition under a temporary blanket authorization, USCIS must receive notice of the filing and information about the basis for local acceptance.

Temporary blanket authorizations do not require DOS to accept a filing, but rather allow DOS to exercise its discretion to accept a Form I-130 filed at a U.S. embassy or consulate where a petitioner and alien beneficiary are physically present in the consular district where filed. Although DOS may accept a local filing by a petitioner who does not reside within the post’s jurisdiction, the temporary blanket authorization is intended to assist those directly affected by the disruptive event and may be limited to event-specific dates and circumstances. Such blanket authorization is not for the purpose of expediting the process for those who are not directly affected. Petitioners who are not eligible to locally file Form I-130 under a temporary blanket authorization may still be eligible to file locally if they are otherwise eligible and establish exceptional circumstances.

U.S. Military and Certain U.S. Government Personnel Stationed or Assigned Abroad USCIS has granted DOS blanket authorization to accept and adjudicate clearly approvable Form I-130 immediate relative petitions filed by: U.S. citizen military service members stationed at U.S. military bases abroad on official orders; and U.S. citizens who are U.S. government (USG) employees assigned to a U.S. mission abroad under Chief of Mission authority or at an office of the American Institute of Taiwan. If DOS accepts a petition under this blanket authorization, USCIS must receive notice of the filing and information about the basis for local acceptance. This blanket authorization does not apply to U.S. service members or USG employees stationed or assigned to non-executive branch agencies or exceptions or exclusions to Chief of Missions Authority [13] or non-military bases, such as international organizations or civilian institutions. It also does not apply to service members who are on temporary duty orders or assignments, USG employees who are personal service contractors, or their eligible family members.

The petitioner and beneficiary do not both have to be physically present in the consular jurisdiction where the petition is filed. Qualifying petitioners do not need to establish exceptional circumstances. This blanket authorization is not time-limited, but USCIS may revoke the authorization if warranted. B. When the U.S. Department of State is Not Authorized to Accept and Adjudicate Form I-130 DOS may not exercise discretion to accept local filings in certain scenarios.

USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above. In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition.

Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication. [14] C. Procedures for Local Filings DOS may accept and adjudicate a clearly approvable local Form I-130 filed by a U.S. citizen petitioner outside the United States for an immediate relative if the U.S. citizen petitioner establishes exceptional circumstances or meets blanket authorization criteria defined by USCIS. If DOS declines to accept a local filing, DOS informs the petitioner of its decision and of the process for filing the Form I-130 at a USCIS lockbox or online in accordance with the USCIS filing instructions. The petitioner does not have the right to appeal, motion, or otherwise request reconsideration of a USCIS or DOS decision to decline acceptance of a local filing. Although this local filing process is designed to facilitate expedited processing of cases abroad in exceptional circumstances, it is not the only way to file a petition or seek expedited adjudication.

If not permitted to file locally abroad, a petitioner may still file a Form I-130 petition with a USCIS lockbox or online and may request expedited processing for that petition in accordance with the published USCIS expedite process and criteria. [15] DOS may approve only those Form I-130 petitions that are clearly approvable. [16] If DOS accepts a petition and determines the petition is not clearly approvable, DOS forwards the petition to the USCIS office designated to adjudicate such petitions. [17] If DOS approves a Form I-130 petition but that U.S. embassy or consulate does not issue immigrant visas, the Consular Section coordinates with the appropriate embassy or consulate with jurisdiction to issue a visa in accordance with DOS guidelines. Although USCIS has delegated authority to DOS to accept Form I-130 petitions in all locations abroad in the limited instances described above, USCIS retains authority to accept and adjudicate a local Form I-130 filing abroad or conduct an in-person interview abroad as warranted, regardless of where or how the petition was filed. D. Multiple Petitions Multiple Form I-130 Petitions for the Same Beneficiary and Classification In some cases, the petitioner may file more than one petition on behalf of the same beneficiary for the same immigrant classification. [18] If a Form I-130 petition and subsequent Form I-130 petition filed by the same petitioner for the same beneficiary and for the same classification are approved, USCIS regards the subsequent petition approval as a reaffirmation or reinstatement of the validity of the first petition. Prior to approving, reaffirming, or reinstating a subsequent petition filed by the same petitioner for the same beneficiary in the same immigrant visa classification, USCIS must first address any fraud or ineligibility if a prior petition was returned to USCIS by DOS for good and sufficient cause for revocation. [19] The original priority date is retained unless the original petition was terminated by the DOS, [20] had its approval revoked, [21] or a visa has been issued based on the original petition. [22] In these situations, USCIS assigns a new priority date based on the date of the subsequent filing.

Petition Submitted Concurrently for Other Relatives If the petitioner indicates on the Form I-130 that he or she is filing petitions for additional alien relatives at the same time, the officer considers all the petitions simultaneously, if possible. [23] However, all petitions stand alone, and officers must adjudicate each petition on its own merits. Where multiple petitions are filed together, the adjudicating officer may consider evidence provided in support of one petition to adjudicate the related petitions. However, the file must contain a copy of the evidence the officer relied upon in making the determination for each petition. An officer should not hold a clearly approvable petition pending the adjudication of another alien relative's petition but should make every attempt to keep the family cases together.

Footnotes [^ 1] A person who, though not a citizen of the United States, owes permanent allegiance to the United States (for example, persons born in American Samoa or Swains Island). See definition in Glossary . [^ 2] In certain cases, alien relatives may self-petition by filing the Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ). For example, the widow or widower of a U.S. citizen may file a self-petition and include derivative child(ren). Additionally, an abused spouse, child, or parent may file a self-petition under the Violence Against Women’s Act.

See Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub.

L. 109-162 (PDF) (January 5, 2006).

Amerasians may either self-petition or have a petition filed on their behalf under the Amerasian Act, as amended by subsequent legislation. See Pub.

L. 97-359 (PDF) , 96 Stat. 1716 (October 22, 1982).

See Volume 3, Humanitarian Protection and Parole, Part D, Violence Against Women Act [ 3 USCIS-PM D ] and Volume 7, Adjustment of Status, Part P, Special Adjustment Programs, Chapter 9, Amerasian Immigrants [ 7 USCIS-PM P.9 ]. For more information on self-petitioner categories, see the instructions for the Form I-360 . Form I-360 is also used for a number of other (non-relative) special immigrant classifications, which are discussed in other Policy Manual parts. [^ 3] For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [ 1 USCIS-PM B.6(D) ]. [^ 4] See 8 CFR 245.2(a)(2)(B) . [^ 5] See INA 201(b)(2) . [^ 6] See instructions to the Petition for Alien Relative ( Form I-130 ). [^ 7] See INA 103(a)(6) and 8 CFR 2.1 . [^ 8] Immediate relative refers to a U.S. citizen’s spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over the age of 21). See INA 201(b)(2)(A)(i) .

Other Form I-130 filing categories, which may be filed by either U.S. citizens or LPRs and are also referred to as preference category petitions, must be filed with a domestic USCIS lockbox or online in accordance with the filing instructions. See 8 CFR 103.2(a)(1) . [^ 9] USCIS’ Refugee, Asylum and International Operations Directorate (RAIO) serves as the liaison with DOS regarding its delegated authority to accept and adjudicate clearly approvable Form I-130 petitions abroad. RAIO receives, reviews, and responds to DOS requests for blanket authorizations on behalf of USCIS. USCIS has also delegated authority to DOS to accept and adjudicate certain clearly approvable family-based petitions under certain circumstances, as outlined in guidance on petitions filed at consular offices abroad in 9 FAM 504.2 , including a Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ) when filed by a widow or widower and a Petition to Classify Orphan as an Immediate Relative ( Form I-600 ) when accompanied by an approved Application for Advance Processing of an Orphan Petition ( Form I-600A ). [^ 10] Additional criteria may be considered by consular officers to determine whether a petition is clearly approvable, including when the record indicates possible concerns related to the Adam Walsh Act.

See Petitions Filed at Consular Offices Abroad, .2-4 . [^ 11] This applies to adopted beneficiaries of Form I-130 . For more information on local filing processes for beneficiaries of a Form I-600 or Petition to Classify Convention Adoptee as an Immediate Relative ( Form I-800 ), see .2 and .2-4(B) . [^ 12] For information on adjudicating exceptional circumstances I-130 cases, see .2 . [^ 13] For more information on Chief of Missions exclusions, see 2 Foreign Affairs Handbook (FAH)-2 H-112 . [^ 14] See Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 5, Expedite Requests [ 1 USCIS-PM A.5 ]. See the Expedite Requests webpage. [^ 15] For more information, see Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 5, Expedite Requests [ 1 USCIS-PM A.5 ]. See the Expedite Requests webpage. [^ 16] For more information, see Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 5, Expedite Requests [ 1 USCIS-PM A.5 ].

See the Expedite Requests webpage. [^ 17] See 9 Foreign Affairs Manual (FAM) 504.2-4(B)(1)(b) , Adjudicating Exceptional Circumstance I-130 Cases. [^ 18] See 8 CFR 204.2(h)(2). [^ 19] See INA 205 . [^ 20] See INA 203(g) . [^ 21] See INA 205 . [^ 22] See 8 CFR 204.2(h)(2) . [^ 23] If an adoption-based Form I-130 is filed along with any Form I-130 for additional relative beneficiaries, the adoption-based Form I-130 is adjudicated apart from the other family-based Form I-130s.