Mar 2 2007
USCIS Guidance for I-130 Petitioners Abroad
USCIS has published a notice advising any persons who filed a Petition for Alien Relative, Form I-130, with an American embassy or consulate since July, 2006 that they do not need to re-file that petition. USCIS is currently working closely with the Department of State to process those petitions.
In January of this year, the Department of State announced that certain requirements related to the July 2006 Adam Walsh Child Protection and Safety Act prohibited them from accepting new petitions. It is suggested that U.S. citizens who live abroad continue to file new petitions with a USCIS international office.
USCIS will issue instructions for new filings sometime after the details have been finalized with the Department of State.
Please note that all petitioners traveling abroad who live in the U.S. should file their I-130 petition with the appropriate USCIS service center in the U.S., as stated in the instructions on that petition form.