Consular Alien Relative Filing Process

When families need to be reunited quickly, the usual USCIS processing might not be fast enough. In special cases, the USCIS lets the Department of State (DOS) accept Form I-130 directly at U.S. embassies and consulates. This can speed up the process for families who are separated.

The DOS can accept local I-130 filings in urgent, non-routine situations. Some examples include:

• A service member abroad getting short notice of deployment or transfer.
• Petitioners or beneficiaries facing serious medical emergencies that require immediate travel.
• People fleeing civil strife, natural disasters, or other threats to their safety.
• Beneficiaries who are about to age out of eligibility.
• Petitioners who become U.S. citizens after traveling for a visa interview and need a new petition.
• Adoptive parents abroad finalizing an adoption with two years of custody.
• U.S. citizens abroad facing quick job relocations back to the United States.

These are just some examples. The DOS has the discretion to consider other emergencies if you can show why domestic filings or expedite requests won't work in time.

The USCIS also allows consular I-130 filings without proving a specific emergency in some cases. This includes people affected by severe civil strife or natural disasters and U.S. military personnel stationed overseas. Petitioners in these groups don't need to live in the consular district but must meet the criteria set by the USCIS. The DOS must refuse local filings if the petitioner travels abroad just to speed up processing while living in the United States or already has a domestic I-130 pending for the same beneficiary.

Each consular post has its own submission process. If you need help with consular processing, please contact Brodzki Jacobs and Associates at 954-344-7737

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