Nov. 2000 Update on IV Processing at Ciudad Juarez, Mexico
Posted Dec 02, 2000

In the September 29, 2000 edition of the MurthyBulletin, we described new, expedited, U.S. Department of State (DOS) procedures for processing of immigrant visa (IV) cases. That article also stated that the U.S. Consulate at Ciudad Juarez, Mexico expressed the willingness to process as many employment-based IV cases as possible for nationals of countries other than Mexico. We explained that while consulates must process IVs for persons from the host country, they also have the discretion to agree to process IVs for persons from other countries (known as third country nationals, or TCNs)

In a subsequent article, on October 13, 2000, we mentioned again that Juarez would accept as many employment-based IV cases as possible from TCNs who had already filed for the I-485 (adjustment of status) in the U.S. (We at the Law Office of Sheela Murthy understand that the DOS position contradicts INS position set forth in an August 2000 INS Memo stating that a person cannot process both the I-485 and the consular case simultaneously. This memo, and DOS's response, is discussed in greater detail below.) In addition, we announced that as of October 10, 2000 Juarez was also willing to process cases for persons who had NOT filed the I-485, but whose Form I-824 (cable notification request) was filed prior to September 20, 2000. Please note, however, that Juarez will not accept the case if another consulate has already accepted the IV case for processing.

There has now been a further development. We received word on November 22, 2000 that Ciudad Juarez is eliminating the requirement that the I-824 must have been filed by September 20, 2000. They will now be willing to receive cases regardless of when the I-824 was filed. Please note that the Consulate is not, repeat not, guaranteeing that they will agree to process every case. The applicant can send in the paperwork (including the items listed below) and then the Consulate will decide whether to accept the case and inform the applicant accordingly.

Readers who are at the I-140 stage now who wish to consider processing through Ciudad Juarez should list their home country consulate on the I-140 form, not Juarez, unless they are nationals or residents of Mexico, in which case Juarez would be the correct home country post.

In order to apply for consular processing through Ciudad Juarez under the program described above, the following items should be sent to the Consulate :

• Original approval notice for the I-140,

• A copy of the I-140 package, 

• Receipt notice for an I-824 cable request.
  

In addition, the Consulate also requests that applicants include the following DOS forms:

• OF-230 Part I

• OF-169 (looks like a checklist)

Again, Juarez is not guaranteeing that it will process all cases. However, the consulate will accept as many non-Mexican employment based IV cases as its resources will allow.

Please Note : if you are considering a switch from I-485 to consular processing, it is important to first make sure that your departure will not trigger any bars on re-entry. If you think you may at some point have fallen out of status, even accidentally or through no fault of your own, you should seek legal advice before making any travel arrangements.