Posts Tagged ‘Form I 130’

Form I-130 Filing Location Changes

“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan. 1 on the Form I-130 Direct Filing Locations page. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

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Eligibe Widows Must File Self Petition by October 28, 2011

USCIS reminds certain eligible widows or widowers of deceased U.S. citizens to file their visa petitions by October 28, 2011 – the deadline imposed by the FY2010 DHS Appropriations Act.  This Act, signed into law by the President on October 28, 2009, removed the requirement that the marriage must have existed for two years before the death of the U.S. citizen spouse in order for the surviving spouse to self-petition for lawful permanent residence status.  The elimination of the so-called "widow penalty" also allows any minor children of the widow(er) to apply for status.  However, the law imposed a two-year deadline to file the petition.  Applicants whose U.S.

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Filing of I-130 petitions in foreign countries centralized in Chicago

Starting Aug. 15, 2011, petitioners who live in foreign countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. The addresses are listed below.  However, Petitioners living in a country with a USCIS office may choose to send their I-130 petition to the USCIS Chicago addresses, OR file  at the USCIS office in that country. The current processing time is approximately five months, as reported by the USCIS.

Please note: Filing addresses and procedures change constantly.  You should always check the current instructions in the form or USCIS.gov website.

For U.S.

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Revocation of VAWA-Based Self-Petitions

On December 15, 2010, the USCIS issued a policy memorandum on revocation of
VAWA-Based Self-Petitions (Forms I-360).  The policy memo provides policy
guidelines which the Vermont Service Center and the field offices must follow in
revoking a VAWA self petition.

The Violence Against Women Act (VAWA) was a law passed by U.S. Congress in 1994 to allocate resources to investigate and prosecute cases of violence against women.  In the immigration context, victims of violence may also file self-petitions to obtain legal status.  In 1997, to ensure uniform and
expeditious treatment of all self-petitions filed by battered spouses and children, the former INS implemented a centralized filing procedure by having all VAWA self-petitions adjudicated at the VSC.  The reason was that the VSC adjudications officers  assigned to review VAWA petitions had received
specialized domestic violence training and have developed expertise in adjudicating these petitions.

After a self-petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence.  Again to ensure that petitions were revoked in a consistent and efficient manner, the former INS issued a policy memo in 2002 to designate the VSC as the sole office that had the authority to
issue notices of intent to revoke Form I-130.  This policy has not been consistently followed by the local offices.  Consequently, a new memo was issued by the USCIS in December to address this issue again.  In order to revoke a self-petition filed by abused spouses, children and parents of U.S.

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How to Get Your Spouse to the US?


For people who are already a citizen in the United States, for them there are primarily 2 ways to get their spouses to the United States to live with them.

The first one would be to file an immigrant petition filing for an alien relative. This is done using the immigration petition form I-130. The next step up on the receipt of the approval on the petition filed, you would be required to visit the United States consulate in your home country and get the physical immigrant visa. The third step would be to file for your Employment Authorization Card (EAD).

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