I’ve received this notice from AIT regarding this change and the reason for it:
This notice is superseded by an updated notice available later in this discussion.
[quote=“AIT”]IMPORTANT CHANGES IN PROCEDURES
TO FILE U.S. IMMIGRANT VISA PETITIONS OVERSEAS
Recent legislation has led to changes in the procedures American
citizens resident abroad will follow if they wish to sponsor an
immediate relative (spouse, parent or minor child) for an immigrant
visa.
Effective immediately, the immediate relative petition (I-130) must
be filed with the Department of Homeland Security U. S. Citizenship
and Immigration Service (USCIS) office responsible for the
petitioner’s place of residence (that is, the place of residence of
the American citizen who is filing the petition).
Consular offices at U.S. embassies and consulates, as well as the
American Institute in Taiwan, are no longer authorized to accept I-
130 petitions, although they will continue to provide guidance to
American citizen petitioners and their family members.
Responsibility for acceptance and approval of immigrant visa
petitions now rests solely with USCIS. American citizens should
submit their I-130 petitions at the CIS office responsible for their
place of residence.
The USCIS office located at the United States Consulate General in
Hong Kong is the USCIS office responsible for adjudicating petitions
filed by American citizens resident in Taiwan. If you are an
American citizen resident in Taiwan and wish to file an I-130
petition, you should first contact the USCIS office in Hong Kong at
hkccis.inquiries@dhs.gov or by phone at 852-2841-2262.
It is important to note that the American Institute in Taiwan will
continue to issue immigrant visas once approved I-130 petitions are
received. U.S. citizens who have filed I-130 petitions at the
American Institute in Taiwan, but have not yet been issued an
immigrant visa, should contact AIT’s Immigrant Visa Office at
visaiv@mail.ait.org.tw.
For additional information regarding these changes please visit
AIT’s website at ait.org.tw and the USCIS website at
uscis.gov.
This procedural change may result in a processing delay for some
applicants. The Department of State and the American Institute in
Taiwan recognize and sincerely regret the inconvenience this may
cause.
Please refer to the information below for more details.
Additional Information on Changes in I-130 Petition Processing:
Due to provisions in the Adam Walsh Child Protection and Safety Act,
consular officers can no longer accept family-based immigrant visa
petitions. We recognize that this change may inconvenience some
families, but we have no alternative. We must comply with the law.
Consular officers will work with affected petitioners and
beneficiaries to ensure they have the information they need on the
steps they need to take to complete processing of their cases.
As a result of the Adam Walsh Act, all family-based immigrant visa
petitions (I-130s) must be screened to ensure the petitioner has not
been convicted of specified criminal offences against a minor.
Consular officers by law do not have access to this information.
Thus, all I-130 petitions for family-based immigrant status must now
be filed only with USCIS.
The Adam Walsh Act provides that persons convicted of specified
sexual criminal offenses against a minor cannot file petitions for
family-based immigrant visas. A criminal history record check is
now required to determine whether a petitioner is eligible to file a
family-based immigrant petition.
Consular officers at embassies and consulates overseas (including
the American Institute in Taiwan) are not law enforcement officers
and are not authorized to obtain information about arrests or
convictions of citizens or lawful permanent residents of the United
States who file family-based immigrant visa petitions. The
Department of Homeland Security’s U.S. Citizenship and Immigration
Services (USCIS) officers do have access to databases with this
information and authority to use it, and are therefore able to make
determinations of eligibility to file these petitions.
We deeply regret the inconvenience this change causes to American
citizens but the law is clear.
We will continue to adjudicate petitions to classify an orphan as an
alien relative (I-600), which are used in intercountry adoptions
because these petitions are subject to extensive preprocessing and
criminal record clearances. We are consulting with USCIS to confirm
that current procedures for checking criminal history records in
these cases comply with the Adam Walsh Act.
Questions and Answers:
Q: This is a development that will delay the processing of many
cases involving immediate relatives of American citizens. Is there
some way this decision can be phased in? Is there some temporary
work-around?
A: Unfortunately, no. After extensive study, our legal experts
have determined that Consular officers can no longer adjudicate I-
130s because they do not have access to criminal history record
information, which is essential for a determination of whether a
petitioner is eligible to file an I-130. As a result, consular
officers can consider no I-130 petition clearly approvable, such
that all I-130s must be adjudicated by USCIS.
Q: Can embassies and consulates work out a separate arrangement
with a local USCIS office whereby thee consular officer could
continue to accept petitions, and the USCIS office would take
fingerprints and send clearance requests for I-130s?
A: No. These cases are not clearly approvable and therefore must
be adjudicated by USCIS. However, USCIS offices overseas should
continue to accept the I-130 for complete processing.
Q: Can consular officers continue to process I-600s?
A: Yes, pending further guidance from USCIS.
Q: Can consular officers accept payments for the I-130 filing fee?
A: No, because they are no longer permitted to accept the petition.
Q: Can petitioners give embassies or consulates their petitions for
subsequent delivery to USCIS?
A: No. Modern courier services render this unnecessary and less
efficient.
Q: How can a petitioner find more details about the relevant USCIS
office?
A: If petitioners are resident in the United States (i.e., they
have an active U.S. address and cannot substantiate residency
abroad), they must file their petition with a USCIS domestic service
center, coordinates for which may be found at www.uscis.gov. This
precludes petitioners flying - or driving - to post from the United
States with the intent of filing a petition outside of the U.S. We
are consulting with USCIS regarding where petitioners who are truly
resident abroad should file their petitions. Posts can then put
instructions informing petitioners how to proceed on the IV section
of their web sites.
Q: Are there special exceptions for members of the military or the
diplomatic corps?
A: No; the provisions of the Adam Walsh Act apply to all U.S.
citizens filing a family-based visa petition.
Q: Why weren’t embassies and consulates consulted before a decision
of this magnitude was made?
A: The Department did not have the option of making a different
decision. Implementation of this change in policy is based in law.
We conducted a thorough review of the impact of the legislation on
petition adjudication, and consulted with USCIS. The law requires a
determination of whether a petitioner in a family-based immigration
case has been convicted of a specified offense against a minor.
Because consular officers do not have access to criminal history
records, they must consider each I-130 petition to be not clearly
approvable, such that USCIS adjudication is necessary. The
circumstances required that the action be taken at this time.
Q: How can I contact the USCIS?
A: USCIS contact information may be found on their webpage at
www.uscis.gov. USCIS can be reached through their National Customer
Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). The
USCIS Ombudsman may be contacted at cisombudsman@dhs.gov.
Q: Which USCIS office will be responsible for adjudicating I-130
petitions for American citizens resident in Taiwan?
A: The USCIS office located at the United States Consulate General
in Hong Kong is the USCIS office responsible for adjudicating
petitions filed by American citizens resident in Taiwan. If you are
an American citizen resident in Taiwan and wish to file an I-130
petition, you should first contact the USCIS office in Hong Kong at
hkccis.inquiries@dhs.gov or by phone at 852-2841-2262.[/quote]
This notice is superseded by an updated notice available later in this discussion.
