Advance USCIS permission removed for qualifying consular I-130 filings

Policy effect

From February 1, 2020, the State Department no longer had to obtain case-specific advance permission from USCIS before accepting and adjudicating qualifying Form I-130 petitions filed abroad. Acceptance remained discretionary and subject to exceptional-circumstance or blanket-authorization criteria, including criteria for certain active-duty military members. This did not make consular filing available for every routine petition.

Conditions and exceptions

Validated condition or limit: From February 1, 2020, the State Department no longer had to obtain case-specific advance permission from USCIS before accepting and adjudicating qualifying Form I-130 petitions filed abroad.; Acceptance remained discretionary and subject to exceptional-circumstance or blanket-authorization criteria, including criteria for certain active-duty military members.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… or parent (if the U.S. citizen is 21 years of age or older) through March 31, 2020. PA-2020-03: Accepting Petition for Alien Relative (Form I-130) Abroad Page: 2 • Removes the requirement that DOS seek and receive case-specific permission from USCIS in advance, and instead explains when DOS may exercise its discretion to accept and adjudicate Forms I-130 filed abroad, and related procedures. • Provides examples of exceptional circumstances, such as medical emergencies, and clarifies blanket authorization criteria, such as for certain active duty military members, that petitioners must meet in … order to warrant DOS’s favorable exercise of discretion to accept and adjudicate Form I-130. Citation Volume 6: Immigrants, Part B, Family-Based Immigrants, Chapter 3, Filing [6 USCIS-PM B.3]. … e process. USCIS encourages all eligible petitioners to utilize online filing. This guidance, contained in Volume 6 of the Policy Manual, is effective February 1, 2020, and applies to petitions filed on or after that date. Once effective, this policy will supersede the guidance found in Chapter 21.12 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS will, generally, no longer accept and adjudicat …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2020

• 2020-02-01Routine I-130 processing ends at most USCIS international offices
• 2020-02-02Suspension of Entry for Aliens Physically Present in China
• 2020-02-21Proclamation 9983 expands travel restrictions to six additional countries
• 2020-02-24Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule
• 2020-03-01Implementation of the H-1B Electronic Registration Process
• 2020-03-02Suspension of Entry for Individuals Present in Iran
• 2020-03-13Suspension of Entry for Persons Present in the Schengen Area
• 2020-03-16Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland
• 2020-03-18Somalia TPS designation extended through September 17, 2021
• 2020-03-20CDC Title 42 Public Health Border Suspension Order
• 2020-03-26Citizenship residence exception created for qualifying children living abroad
• 2020-04-23Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market
• 2020-05-26Brazil COVID-19 entry restriction begins on amended date
• 2020-06-24Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers
• 2020-07-28DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)
• 2020-08-21Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants
• 2020-08-21Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)
• 2020-08-25Revisions to Asylum Application, Interview, and Employment Authorization for Applicants
• 2020-09-23DHS temporarily requires government-provided interpreters for many asylum interviews
• 2020-10-02DHS finalizes USCIS fee schedule and fee-waiver changes
• 2020-10-08Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers
• 2020-11-18USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization
• 2020-12-01Redesigned civics test introduced for new naturalization applications
• 2020-12-07DHS narrows H-1B specialty occupation and third-party placement rules