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Due to provisions in the recently passed Adam Walsh Child Protection and Safety Act, U.S. Embassies overseas can no longer accept family-based immigrant visa petitions (I-130s). Although this change will inconvenience some families, the US Embassy 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.
Q: Why can’t the U.S. Embassy accept family-based immigrant visa petitions?
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 specific criminal offences against a minor. Consular officers at embassies and consulates overseas are not law enforcement officers and do not have access to this information. Thus, all I-130 petitions for family-based immigrant status must now be filed only with United States Citizenship and Immigration Service (USCIS) in the United States.
Q: I am a U.S. citizen living in Guyana. How can I file for my immediate relative to immigrate to the U.S.?
American citizens and Legal Permanent Residents can obtain information on how to file an I-130 with USCIS in the United States on the USCIS website, www.uscis.gov, or by contacting the US Embassy in Georgetown.
Q: Can Embassies work out a special arrangement with a local USCIS office whereby the consular officer could continue to accept petitions, and the USCIS office would take fingerprints and send clearance requests for I-130s?
No. These cases are not clearly approvable and therefore must be adjudicated by USCIS.
Q: Can consular officers accept payments for the I-130 filing fee?
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?
No. Modern courier services render this unnecessary and less efficient.
Q: I filed a petition for my immediate relative at the Embassy a few months ago and we are still waiting for the visa. What will happen with my relative’s case?
All family-based immigrant visa petitions which were approved at the US Embassy in Georgetown after July 27, 2006 and are pending visa issuance must also be returned to the USCIS for continued processing in the United States. The US Embassy deeply regrets the inconvenience this change causes both petitioners and beneficiaries but the law is clear. We look forward to ensuring the smoothest transition and fastest processing of all visa petitions.
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