A FAM update provides two new examples of the types of exceptional circumstances where consular officers should request authorization from USCIS to accept I-130 petitions.
The new examples involve adoption of a child, and short notice of position relocation.
See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf
9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015)
a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS.
b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes.
c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions:
(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility.
(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
(8) Other emergency situations, as determined by the Consular Section.
d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.
The new examples involve adoption of a child, and short notice of position relocation.
See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf
9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015)
a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS.
b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes.
c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions:
(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility.
(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
(8) Other emergency situations, as determined by the Consular Section.
d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.
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