Announcement

Effective August 15, 2011, petitioners residing overseas will no longer be able to routinely file Forms I-130, Petitions for Alien Relative, with U.S. Embassies and Consulates except in locations where U.S. Citizenship and Immigration Services (USCIS) has a public counter presence within the Embassy or Consulate.  Petitioners residing overseas in countries where USCIS does not have a public counter presence will be required, starting August 15, 2011, to file their Forms I-130 by mail with the USCIS Chicago lockbox.  U.S. Embassies and Consulates that do not have a USCIS presence will only be able to accept and process Forms I-130 in exceptional circumstances, as outlined below. Forms I-130 that were properly filed at an Embassy or Consulate overseas where USCIS does not have a presence before August 15, 2011, will not be affected by this change. Filing Instructions beginning August 15, 2011:

Beginning August 15, 2011, petitioners residing overseas who wish to file a Form I-130, Petition for Alien Relative, may do so as follows:

• If the petitioner resides in a country in which USCIS has a public counter presence, the Form I-130 may be filed directly with the USCIS field office (see instructions below) or through the USCIS Chicago Lockbox at one of the below addresses.
• If the petitioner resides in a country where USCIS does not have a public counter presence, the Form I-130 must be filed with the USCIS Chicago Lockbox at one of the addresses below, unless the petitioner requests and is granted an exception based on one of the criteria described below:

USCIS Chicago Lockbox addresses for regular mail deliveries:

• USCIS
  P.O. Box 804625
  Chicago, IL 60680-4107
• USCIS Chicago Lockbox address for express mail and
  courier deliveries:
• USCISAttn: I-130
  131 South Dearborn-3rd Floor
  Chicago, IL 60603-5517

For additional information about how to file a Form I- 130 with the USCIS Chicago lockbox, please see the USCIS website at www.uscis.gov or contact USCIS by phone at 1-800-375-5283.

Filing at USCIS Overseas field offices:

From August 15, 2011, petitioners residing in a country where USCIS has a field office, with a public counter, may choose to file the Form I-130 either through the Chicago lockbox or at the USCIS field office. Petitioners should contact the USCIS field office with any questions regarding the filing of petitions.  For more information on where USCIS has overseas field offices and contact information.

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

• Beginning August 15, 2011, petitioners, who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing.  Each request for an exception will be evaluated individually.
• A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail.  The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate.  The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS.  USCIS will be publishing guidance on the circumstances that may qualify as exceptional on their website.
• Please contact the Consular Section at (POST EMAIL or PHONE NUMBER) for further information.

Information on the IV Process in Kinshasa

Detailed information for potential immigrants on the IV process and appointment scheduling in Kinshasa is available by the following means. (1) Basic information sheets are available at the Consular Section entrance on Avenue Dumi Monday to Thursday from 8:00 a.m. and 5:00 p.m. or Friday from 8:00 a.m. to noon. (2) Information is posted on the Embassy’s website at http://kinshasa.usembassy.gov. (3) The Consular Section will respond to questions by telephone at 081.880.5847 on Mondays only between the hours of 3:00 p.m. and 5:00 p.m. (4) Information about the status of specific cases is available at AEKinshasaConsul@state.gov.  The consular section attempts to answer all inquiries within 24 hours.

Eligibility

Most immigrant visas to the United States fall into one of three categories – family based, Diversity Lottery Visa, or approved refugees. To be eligible for a family-based IV, a family member in the United States must file a petition and have that petition approved. Diversity Lottery Visa (DV) winners are eligible for DV immigrant visas. Approved refugees must be the beneficiary of a close relative who is an approved refugee or asylee in the United States. Only persons with an approved family-based petition, winners of the DV lottery, or approved refugees are eligible for immigrant visas to the United States. Persons who are not part of one of these three categories are not eligible to apply for immigrant visas.

Overview of Family-Based Immigration Cases

For family-based petitions, a U.S. family member (spouse, parent, child, brother or sister) – the petitioner -- must file a petition to have their relative –the beneficiary -- join them in the United States. If the family member resides in the U.S. then the petition should be filed at the nearest Department of Homeland Security (DHS) office. If the family member is overseas, the petition should be filed at the nearest U.S. embassy or consulate. Once a filed petition is approved by the DHS an approval notice (form I-797) will be issued and the petitioner and beneficiary will be given further instructions regarding required documentation and the visa interview. This time frame varies from country to country and could be as short as six months or as long as several years depending on the volume of immigrant from that particular country. The beneficiary will work with the Consular Section to provide all the necessary documents such as birth or marriage certificates, financial support, police and medical reports. After all documentation is complete a visa interview will take place with a consular officer.

Overview of Diversity Lottery Visa Cases

Diversity Visa Lottery winners will have been first notified by the Department of State that their applications were among those selected for possible issuance that year by post. DV winners are never contacted by e-mail.  The file is then transferred to the National Visa Center, which issues a form I-797. The file is then transferred to the Consular Section in Kinshasa, which contacts the beneficiary with instructions on the necessary documents needed to proceed to the interview.

Overview of Refugee/Asylee Cases

Like family-based immigration petitions, eligible refugees must be the beneficiary of a close relative in the United States who has already been granted refugee or asylee status. A petition is filed in the United States and an I-797 approval notice is issued by the Department of Homeland Security. The petitioner and beneficiary are then given instructions on required documentation and the visa interview.

Kinshasa Beneficiaries with IV Cases Pending

Residents of Congo who already are beneficiaries of approved family-based or refugee/asylee petitions should contact the Consular Section to determine the status of their case file. Pending IV cases generally fall into one of three categories: (1) the file is located at the Consular Section in Kinshasa, (2) the file is located at the National Visa Processing Center in the United States, or (3) the file is located at another American embassy that has agreed to process the case. Once the Consular Section in Kinshasa is able to determine the location of the file, the Consular Section staff will advise as to the next steps. For those files located in Kinshasa, the beneficiary will be given instructions to complete the necessary documentation required, including the medical exam, before the visa interview can take place. For those files located in the United States, the Consular Section will notify the beneficiary when the file is transmitted to Kinshasa for processing. For those files located at other embassies, the beneficiary can either travel as planned to have their cases processed elsewhere, or inquire at the other Embassy to have the file transferred to Kinshasa for processing.

Kinshasa Beneficiaries of New IV Cases

New family-based or refugee/asylee IV cases begin with the filing of a petition (Form I-130) by the family member (the petitioner) who is a U.S. citizen or legal permanent resident. Petitioners living in the United States must file the petition at the Department of Homeland Security (DHS), Bureau of Citizenship and Immigration Services (BCIS) office that is nearest their residence. A list of offices can be found at the BCIS website under the category “Services Field Office Addresses and Information.” Petitioners residing in Kinshasa can file their petition at the Consular Section. Once the petition is approved by DHS, a notice of approval form I-797 will be issued. The I-797 will be sent to the National Visa Center (NVC), which will contact the beneficiary with further instructions. The NVC will process and forward the approved petition to the Consular Section in Kinshasa for interview and adjudication.

Additional Information and Questions

Additional information on individual IV cases can be provided and questions can be answered by the Embassy Consular Section staff. Inquiries many be made by telephone or in person as follows:

• By Telephone: Call 081.880.5847 on Mondays between the hours of 3:00 p.m. and 5:00 p.m.
• In Person: Applicants who have confirmed that their petition is in Kinshasa may visit the consular Section on Thursday from 2:00 p.m. to 4:00 p.m.

• By e-mail: Information regarding specific cases is available at   AEKinshasaConsul@state.gov.  The consul section attempts to answer all inquiries by the next business day.