New Residency Requirement for FB Direct
Consular Processing in India
Posted Jun 23, 2006
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The residency requirement for direct consular processing of I-130 petitions for immediate relatives through the USCIS in New Delhi has changed, effective June 1, 2006. Direct consular processing is a procedure that allows I-130 relative petitions to be filed at USCIS offices abroad, in limited circumstances. Generally, such I-130s are processed more quickly than going through the USCIS in the U.S., which also involves having the case forwarded to the appropriate consulate for an interview for an immigrant visa. The enhanced residence requirement for the U.S. citizen petitioner now makes this procedure more limited and difficult.
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As of June 1, 2006, only U.S. citizens who are residents of India can file the I-130 petition at the USCIS office located at the U.S. Embassy in New Delhi, India. Previously, the U.S. citizen petitioner only needed to demonstrate that s/he had resided in India for 60 days prior to filing the I-130 petition. The sixty-day rule had been in effect for more than two years.
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Acceptable proof of residency in India includes a U.S. passport with an appropriate, long-term, valid Indian visa and a Registration Report and Residential Permit, issued by the Indian government. Additional evidence of residence may be required. Typical documentation of residence are proof of employment, tax payments in India, rent or property receipts, and utility receipts.
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More information on these procedures is available on the New Delhi Embassy Website. This procedure is only available for immediate relatives. Immediate relatives are parents, spouses, or minor children (including step children) of U.S. citizens. Other family-based petitions should be filed with the USCIS in the United States.
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There are potential problems that will arise at the consular processing stage of the case as a result of this requirement. In order to obtain approval of the immigrant visa, the petitioning U.S. citizen relative must file an Affidavit of Support. Affidavits of support require residence in the U.S. While it is sometimes sufficient to demonstrate that one is in the process of reestablishing domicile or residence in the U.S., this is definitely an important matter. An individual in this situation should consult with an immigration attorney to determine how best to address this problem.