October 2000 Update on IV Processing at Ciudad Juarez, Mexico
Posted Oct 16, 2000

In an article in our September 29, 2000 edition of the MurthyBulletin, we described new, expedited, U.S. Department of State (DOS) procedures for processing immigrant visa (IV) cases. The same article mentioned that the U.S. Consulate at Ciudad Juarez, Mexico expressed the willingness to process as many employment-based 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 may, at their discretion, also process IVs for persons from other countries.

Juarez officials earlier indicated that they would accept as many employment-based IV cases as possible from nationals of other countries, but ONLY for applicants who had already filed for the I-485 (adjustment of status) in the U.S. More recently, we received word on October 10, 2000 that Juarez is also willing to process cases for persons who have 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.

Our earlier article lists the following items which applicants would need to send to the consulate to request IV processing:

• Original approval notice for the I-140,

• A copy of the I-140 package (not required to be certified),

• 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)

These two forms are traditionally part of a standard package known as Packet III. In the ordinary processing method, the National Visa Center (NVC) generates Packet III and then the applicant sends the OF-230 Part I and the OF-169 to the consulate. The expedited procedure allows items to be sent directly to the consulate without waiting for approval of an I-824 cable request or for NVC to send a packet. Rather, the new procedures bypass the NVC altogether and save time for the IV applicant.

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. This method can be used for persons who have filed the I-485 and are seeking a faster method to complete their Green Card process, or for persons who have filed an I-824 prior to September 20, 2000. The Consulate is considering advancing this date from time to time.

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 from a competent immigration law attorney before making any travel arrangements. If you do not have an attorney and wish to consult our office, please send an eMail to law@murthy.com in order to schedule your consultation.