May 25, 2012

U.S. Citizens Abroad to be Required to File I-130 Relative Petitions with USCIS in the U.S.

Immigration Group
Dinsmore & Shohl LLP
Saturday, January 8, 2011
Administrative & Regulatory / Immigration
All Federal / All International
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Historically, a U.S. citizen living abroad with a foreign national spouse could file an I-130 Relative Petition with a USCIS office abroad and then, upon approval of the I-30 petition immediately have the foreign national spouse complete his or her “consular processing” at the U.S. consulate abroad. The U.S. citizen would re-establish domicile before the U.S. consulate interview (if that had not already been done earlier in the process). This approach often avoided long delays associated with filing an I-130 Petition with USCIS in the United States and waiting for the I-130 petition approval to wend its way to the U.S. consulate abroad. USCIS recently has indicated that it may end this practice in 2011.

© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Immigration Group

Dinsmore & Shohl LLP’s Immigration Group represents a wide range of publicly traded companies, multi-national corporations, privately held businesses, universities, research institutions, arts and entertainment organizations, professors, and professionals with respect to both work visa and permanent resident (green card) cases. Led by two partners long recognized in the field of immigration law, the group has significant experience in many other areas related to the U.S. immigration system, including visa applications at United States Consulates, labor certification proceedings...

gregory.adams@dinsmore.com
513-977-8125
www.dinsmore.com

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