India Tightens Procedures for I-130 Direct Filing Posted Jun 11, 2004 ©MurthyDotCom Some MurthyDotCom and MurthyBulletin readers may be aware that the Department of Homeland Security (DHS) / USCIS office in New Delhi, India, may accept I-130 filings from U.S. Citizens (USCs) residing in India. They had also been accepting I-130 filings, on a purely discretionary basis, from some USCs who were simply temporarily present in India. This allowed for case processing that was much faster than filing within the United States at either a local office or at a USCIS Service Center. ©MurthyDotCom Recently, the DHS office in New Delhi has indicated that it will no longer accept I-130 filings unless the USC can show that s/he was in India for at least 60 days prior to filing. The New Delhi DHS office will accept an entry stamp in the passport stamped by the Indian government immigration department as proof of when the USC entered India. ©MurthyDotCom ©MurthyDotCom Previously, many USCs would go to India for 30 days or less to file the I-130 petition at the USCIS or Legacy INS Office in New Delhi to obtain a faster I-130 approval. Under the new procedures at the DHS office in New Delhi, this is no longer possible. ©MurthyDotCom ©MurthyDotCom It is unclear why the office has changed its policy on this issue. It may be in response to workload or security concerns. Those seeking to use the New Delhi office now must plan more carefully to do so and remain in India for a minimum of 60 days, plus another month or so for the I-130 processing and visa interview scheduling. Obviously, the USC should not jeopardize his or her job in the United States to use the New Delhi office for the purpose of bringing over a spouse more expeditiously. Otherwise, a question may arise regarding whether the USC will have the ability to financially support the I-130 beneficiary. For USCs seeking to bring spouses to the U.S., the K-3 visa remains a reasonably prompt option. Persons seeking to bring their parents to the U.S. will have to wait for the I-130 processing from within the U.S. in most cases. © The Law Office of Sheela Murthy, P.C.
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