Filing Immigrant Petition outside the U.S.

For US Citizens and lawful permanent residents, it can be difficult to help foreign national family members immigrate to the US. For family members residing in a country without a local USCIS office, I-130 petitions are often sent to the USCIS Chicago Lockbox facility for processing. Already a lengthy process, petitions sent to the Chicago Lockbox facility can take much longer to process. This can be devastating for US citizens and lawful permanent residents who are in desperate situations with their family members abroad. According to a 2012 USCIS memorandum, certain I-130 petitions with “exceptional circumstances”  from countries without a local USCIS office may file petitions through Department of State (DOS) run Embassies or Consulates.

What Are “Exceptional Circumstances”?

If a petitioner from a foreign country with a local USCIS office wishes to file an I-130 petition through DOS, the USCIS Field Officer Director with jurisdiction over their country of residence must approve that the case presents “exceptional circumstances.” The following list of “exceptional circumstances” present only a few potential situations that would allow the DOS to adjudicate the I-130 petition. However, it is up to the discretion of the Field Officer Director to determine whether or not the DOS can process the petition.

• Military Emergency: If an active US service member suddenly has a change of assignment abroad or new deployment
• Medical Emergency: If a petitioner or beneficiary experiences an unexpected medical emergency that require immediate travel.
• Threats to Personal Safety: If a petitioner or beneficiary is under threat of violence.
• Aging Out: If the beneficiary is close to exceeding the age of eligibility
• Petitioner Recently Naturalized: If “a petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new, stand-alone petition.”
• Adoption of a Child: If a petitioner has adopted a child locally and is in dire need to depart the country. (Considered valid if petitioner has full custody of child for longer than two years)
• Short Notice of Position Location: If a US citizen petitioner, living and working abroad, transfers to a job in the US or receives a job offer in the US.

Although a petition with “exceptional circumstances” may be filed through a consulate or embassy in a country without a local USCIS office, the DOS must receive authorization from a USCIS Field Officer Director to adjudicate the petition. Denied authorization will require families to file the I-130 petition through the Chicago Lockbox facility. If you have any questions about submitting a I-130 petition, or if you believe your family’s case applies for “exceptional circumstances” please feel free to contact our office.