As of August 15, 2011, U.S. Consulate General HCMC and U.S. Embassy Hanoi will no longer accept I-130 Petitions or Form I-360
U.S. Citizenship and Immigration Services (USCIS) published new regulations via the Federal Register that change where overseas petitioners who live in a country without a local USCIS office may file Form I-130, Petition for Alien Relative, and Form I-360. Effective August 15, 2011, overseas petitioners living in Vietnam will no longer be allowed to file Form I-130, Petition for Alien Relative or Form I-360, with Consular Officers at U.S. Embassy Hanoi or U.S. Consulate General HCMC. Instead, overseas petitioners living in Vietnam will be required to file Form I-130, Petition for Alien Relative, by mail to a USCIS domestic lockbox. Consular officers will retain the ability to accept I-130 petitions only in rare, emergency cases, and with USCIS concurrence. Additional details to follow.
By August 15, 2011, an individual may file a Form I-130 at the Consular Section, U.S. Embassy Hanoi if:
- He/she is a U.S. citizen, AND
- He/she has a Work Permit/Visa or a Temporary Residence Card issued by the Vietnam Immigration Office, AND
- He/she has been living uninterrupted and continuously for more than six (6) months in Vietnam at the time the petition is filed, as evidenced in his/ her passport, AND
- He/she intends to re-establish domicile in the United States.
Individuals who are in the country on a temporary status, such as student or tourist, do not meet the residency standard to file a Form 1-130.
For your information, please find the Adam Walsh Act (PDF - 11.6KB), Overseas Residency Requirements, a checklist (PDF - 50.5KB) of required documents for I-130 filing including the USCIS links to download the form I-130, Petition for Alien relative, and G-325A, Biographic Information.
We receive I-130 petitions every Friday morning between 09:00 a.m. and 10:00 a.m. Please read the checklist to make sure you submit sufficient documents. A lack of any of the required documents may result in returning your petition for further documents. Please note that applicant needs to submit a complete application package for each beneficiary. This includes forms, photos and all documents.
When an alien willingly surrenders the Form I-551, Permanent Resident Card, he/she can complete Form I-407, Abandonment of Lawful Permanent Resident Status. We shall accept the card and return it, with the Form I-407, to the USCIS Texas Service Center. The Form I-407 is only for the relinquishment of LPR status, not for expired cards of LPRs who intend to keep their status.
This service is provided every Friday morning between 8:30 a.m. and 11:00 a.m.
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