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FLORIDA
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METRO (DC-MD-VA-NY) |
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US IMMIGRATION UPDATES
LEGAL NOTES / FEB 2007 |
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Consulates No Longer Authorized to Adjudicate I-130s |
By Reuben S. Seguritan
US consular offices abroad no longer accept or process I-30
petitions for family-based immigration status, according to a recent
memo from the Department of State. They may, however, provide
guidance to the petitioner and the relatives being sponsored.
Previously, relatives could be petitioned by a US citizen residing
abroad.
Under this new rule, which takes effect immediately, the USCIS now
has the exclusive responsibility for accepting and processing these
relative petitions.
The I-130 petition must be filed with the USCIS office having
jurisdiction over the US residence of the petitioner. If an I-130
petition had already been accepted, the consular office is required
to forward the petition and supporting documents to the appropriate
USCIS office on a “not clearly approvable” basis.
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Some delay should be expected in the processing of I-130 cases as a
consequence of this regulation.
Unlike the USCIS, consular offices do not have access to criminal
history records of petitioners, which will determine eligibility to
file an immigrant relative petition.
A thorough background check of the petitioner is mandated under the
recently enacted Adam Walsh Child Protection and Safety Act of 2006.
The law gives the Secretary of Homeland Security sole and
unreviewable discretion to bar the filing of a petition if the
petitioner had been convicted of any of the specified offenses
against a minor.
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These offenses include: (a) kidnapping (unless committed by a parent
or guardian); (b) an offense involving false imprisonment (unless
committed by a parent or guardian); (c) solicitation to engage in
sexual conduct; (d) use in a sexual performance; (e) solicitation to
practice prostitution; (f) video voyeurism as described in the US
Code; (g) possession, production or distribution of child
pornography; (h) criminal sexual conduct involving a minor or the
use of the Internet to attempt or facilitate such conduct; and (i)
any conduct that by its nature is a sex offense against a minor.
Although many would balk at the ensuing delay brought about by the
above regulation, the Department of State recognizes that immigrant
petitions may be used as a devise for predatory conduct on minors,
especially if these minors come from relatively poor countries. This
regulation yields to the tried and tested advice concerning the
welfare of children—better safe than sorry.
Editor’s Note: REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com
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