Nearly 95% of the I-130s (Family-based immigrant petitions) that are processed by the USCIS are processed in the United States (namely because the petitioner lives in the United States). However, in the other 5%, petitioners file the I-130 at the U.S. Consulate closest to where they live. This option was open to petitioners who could demonstrate that they were residing outside of the United States for an extended amount of time. Most often, this involved U.S. service members.
Recently, the USCIS held a teleconference to announce that it planned to eliminate this option. Instead, petitioners living abroad will need to file their I-130s with the USCIS in the United States. Once the USCIS grants the I-130, the USCIS will then return the I-130 to the Consulate where the petitioner (and beneficiaries) are living for consular processing.
When this change of process will occur is unclear – most likely within the next three to four months.
If you are thinking about applying for a family member’s immigrant petition, please contact a NYC Immigration Lawyer for assistance.