As processing times for USCIS processing of I-120 reaches unfathomable levels, there are certain time-sensitive situations where expediting this process directly at a U.S. Embassy could be an option worth considering. In this blog, attorney Beau Russell breaks down the process, eligibility criteria, and tips for success.
What is the I-130 Petition?
The I-130 petition is normally filed with U.S. Citizenship and Immigration Services (USCIS), is the first step for a U.S. citizen or lawful permanent resident to help a family member obtain lawful permanent residence in the United States. Due to the high volume of applications, I-130 petitions can often take over a year if not longer to process.
When is Expedited Processing at a U.S. Embassy Available?
In urgent cases, families of U.S. citizens may request expedited processing directly through a U.S. Embassy or Consulate. These requests are often reserved for emergencies or situations where waiting for standard processing would cause significant harm or hardship.
Some reasons a U.S. Embassy may consider expediting I-130 processing include:
- Medical Emergencies: The U.S. petitioner or beneficiary has a serious medical condition requiring timely care in the U.S.
- Safety Concerns: If the applicant is in a country experiencing political instability or is at risk of harm.
- Urgent Family Circumstances: Compelling family situations, such as the need to reunite with children or spouses quickly.
- Immediate Transfer of Employment: A U.S. Citizen is offered a position with little notice.
It’s essential to demonstrate that the situation cannot wait for regular processing through USCIS.
Requirements for Requesting Expedited Processing
To request expedited processing, applicants must:
- LIve abroad together with their U.S. citizen family member – in most cases.
- Be prepare the I-130 Petition: Ensure the petition is already submitted to USCIS and that you can provide proof of the petition’s filing (e.g., receipt number).
- Show Compelling Evidence: Submit supporting documentation to substantiate the urgency. Medical records, police reports, job offers or proof of urgent family situations may be required.
- Be in Contact with the Embassy: In many cases, you must contact the U.S. Embassy or Consulate in the applicant’s country of residence directly.
Each embassy may have slightly different requirements, so it’s wise to consult the specific embassy’s website for guidance.
How to Request Expedited Processing
- Contact the Embassy: Once you have gathered evidence, reach out to the U.S. Embassy or Consulate that serves the applicant’s location. Embassy websites often list a dedicated email or form for these requests.
- Provide a Detailed Request: Be specific. Explain the urgency, what hardship is involved, and why standard processing would lead to irreparable harm. Include all relevant documentation to make your case.
- Wait for Embassy Instructions: The embassy may respond with specific instructions, request additional documentation, or deny the request if the situation doesn’t meet their criteria.
What to Expect Next
The embassy will typically review the request and communicate any next steps. If the embassy approves, the case may be fast-tracked, allowing the beneficiary to schedule an interview and move closer to receiving a visa.
Important Considerations
- Approval is Not Guaranteed: Expedited processing is only granted in truly urgent cases.
- Embassy-Specific Requirements: Each embassy may have its own set of guidelines. Check the embassy’s website to ensure you’re meeting their criteria.
- Legal Support Can Help: For such critical cases, it may be helpful to work with an experienced immigration attorney to ensure the request is submitted properly.
How We Can Help
At Thomas Thorup Law, we understand that some family situations require urgent attention. We’re here to guide you through the process, ensure your documentation is complete, and help present a strong case to the U.S. Embassy. Contact us today to discuss how we can help expedite your family’s reunification process in urgent situations.
About Attorney Beau Russell: Beau Russell is a dedicated immigration attorney who advocates for families navigating complex immigration processes. He combines his experience and compassion to help clients achieve timely, effective results.