This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

Those wishing to visit the official homepage of the United States Embassy in Manila, Philippines please click HERE.

Those seeking services which can only be performed at a US Embassy or US Consulate abroad such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued US Passport are well advised to contact an American Citizen Services Section of the nearest post with Consular jurisdiction over one’s place of abode. Those seeking assistance from an American Citizen Services Section of a US Post abroad are well advised to try to make an appointment in advance as doing so can greatly streamline the processing of one’s request.

Those seeking non-immigrant visas such as a B-2 visa (US tourist visa), B-1 visa (US business visa), J-1 visa (US exchange visitor visa), or an F-1 visa (US student visa) are likely to see their application processed by a Non-Immigrant Visa Unit at a US Post abroad. It should be noted that those seeking most non-immigrant visa categories are likely to have their application scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking Immigrant visas such as the CR-1 visa or the IR-1 visa may be required to process an immigration petition in the USA prior to applying for a visa abroad. Those seeking a K-1 visa, a non-immigrant US fiance visa, will likely see their visa application processed in much the same manner as the immigrant visa categories.

Those seeking employment visas such as the L-1 visa for intra-company transferees or the EB-5 visa for immigrant investors will most likely be required to process an immigration petition in the USA prior to submitting a visa application at a US Post abroad.