Overseas petitioners must file I-130 with USCIS

Effective today (Aug. 15, 2011), petitioners residing in countries without USCIS offices will be required to file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. However, in certain situations, such as where the petitioner or beneficiary is facing urgent medical emergency that requires immediate travel, petitioners may continue to file their I-130 with local embassies or consulates.

In countries where there is a USCIS office, petitions may still be filed with the local USCIS office. However, most countries do not have a USCIS office present. In the past, overseas petitioners might file their I-130 with the local embassies or consulates. This resulted in a significantly faster processing time because the local visa post might simultaneously deal with the two-step process required for family-based petitions lodged within the U.S.

The average processing time for I-130 petitions at USCIS currently stands at five months.

Under the new policy, overseas petitioners will be given more time to respond to Requests for Evidence (RFE). Applicants and petitioners residing outside the United States will have 12 weeks to respond to RFEs, plus an additional 14 days to account for overseas mail.