Filing an Immigrant Petition overseas can save considerable amount of processing times with Immigrant visa processing currently taking approximately 18 + months from the time of filing an Immigrant Petition.

USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS.

BLANKET AUTHORIZATION

USCIS has granted non-time limited blanket authorization for DOS to accept I-130 immediate relative petitions filed by U.S. citizen military service members. However, the authorization “does not apply to service members assigned to non-military bases, such as U.S. embassies, international organizations, or civilian institutions, or to service members on temporary duty orders.

EXCEPTTIONAL CIRCUMSTANCES

At consular posts abroad now DOS “may, but is not required to,” exercise its discretion to accept and adjudicate “clearly approvable” immediate relative petitions filed under exceptional circumstances without previous approval by USCIS. The enumerated exceptional circumstances include:

  • Military emergencies for U.S. service members which may not qualify for blanket filing.
  • Medical emergencies of a petitioner or beneficiary.
  • Threats to the personal safety of a petitioner or beneficiary.
  • A beneficiary close to aging out (“within a few months”).
  • Recent naturalization of the petitioner when “[a] petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.”
  • Adoptions abroad and the petitioner “has an imminent need to depart the country.” Note the beneficiary still must qualify under INA 101(b)(1)(E).
  • The 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.”
  • I-360, Petition filed by a widow or widower (of U.S. citizen) who is resident in the Consular District; 
  •  Form I-600, Petition to Classify Orphan as an Immediate Relative, when accompanied by an approved Form I-600A, Application for Advance Processing of Orphan Petition to accord immediate relative status under INA 201(b) or family preference status under INA 203(a).

Consular posts are not authorized 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.” Consular posts cannot accept jurisdiction if the petitioner has already filed an I-130 petition with USCIS through the USCIS Lockbox or an online filing. In such cases, the petitioner should request USCIS to expedite the application by placing a service request with the USCIS Contact Center.