IMMIGRANT VISA UNIT
IMPORTANT CHANGES REGARDING DIRECT CONSULAR FILING AT THE U.S. EMBASSY
Recent legislation (Adam Walsh Child Protection and Safety Act, Publ. L. No 109-248) has led to changes in the procedures U.S. citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa.
Effective immediately, the immediate relative petition (I-130) must be filed with the U.S. Citizenship and Immigration Services (USCIS)) office responsible for the petitioner’s place of residence (that is, the place of residence of the U.S. citizen who is filing the petition).
A U.S. citizen may submit an immediate relative-based (I-130) petition on behalf of his/her spouse or minor child at the U.S. Embassy in Stockholm, provided the U.S. citizen petitioner can show that he/she has been legally residing in Sweden continuously for at least six months before filing the petition.
In addition emergency cases, such as life and death of health and safety, and cases determined to be in the national interest can be processed in Stockholm. Examples of family emergencies include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas..
To demonstrate residency in Sweden, U.S. citizen petitioners must be able to show that they have permission to reside in Sweden and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as students or tourists, would not be considered to meet the residency standard.
All lawful permanent residents (U.S. “green card holders”), and U.S. citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: www.uscis.gov).
This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause.
