U.S. Immigrant Visa Petitions
Effective immediately, U.S. citizens residing in Taiwan may resume filing immediate relative immigrant visa (I-130) petitions at the American Institute in Taiwan (AIT). To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan in temporary status, such as tourists or students, would not be considered to meet the residency standard.
In January 2007, consular offices abroad were instructed to cease accepting immediate relative visa petitions, because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the Department of Homeland Security's U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required Adam Walsh Act checks for any petitions accepted abroad by consular officers.
U.S. citizens who have filed I-130 petitions at AIT, but have not yet been issued an immigrant visa, will be contacted by AIT's Immigrant Visa office soon. For additional information regarding these changes, please visit AIT's website at http://www.ait.org.tw/en/visa/iv/IV_info.asp.
All U.S. legal permanent residents ("green card" holders), as well as American Citizens resident in the United States or with a permanent address in the United States, need to file I-130 petitions at the USCIS Service Center that has jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
Please refer to the information below for more details.
Additional Information on Changes in I-130 Petition Processing
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, emergency cases, and others determined to be in the national interest.
Questions and Answers
Q: What constitutes an emergency or national interest case?
A: Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct-hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
Q: How can an American citizen demonstrate residency in a consular district overseas?
A: To demonstrate residency in a consular district, the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition.
Individuals who are in the country on a temporary status, such as students or tourists, would not be considered to meet the residency standard.
Q: Where should others file their I-130 petitions?
A: All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, will file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).
Q: May consular offices accept these petitions in light of the Adam Walsh Act?
A: As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions, because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act. Subsequently, the Department of State and USCIS worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.