Filing Form I-130 with a U.S. Consular Post

If you are a U.S. citizen or lawful permanent resident (commonly referred to as a “green card holder”), and wish to sponsor a relative for a family-based green card, you normally file the petition for alien relative (form I-130) with the U.S. Citizenship and Immigration Services (USCIS). However, in certain circumstances, you may be able to file the I-130 directly with a U.S. consular post. In these situations, the USCIS has empowered the U.S. Department of State (DOS) to approve I-130 petitions without sending them to USCIS for a final decision.

When Can You File with the DOS?

DOS can only accept an I-130 petition filed for an immediate relative of a U.S. citizen (spouses, unmarried children under 21, or parents). Even then, however, this is permitted only if they can show exceptional circumstances, or if they fall under a blanket exception to the general requirement of filing the I-130 with the USCIS.

Blanket exceptions are approved rarely by the USCIS because the government limits them to situations that are both rare and urgent. Examples of when a blanket exception could be made include military emergencies (like sudden deployment or reassignment abroad), medical emergencies where urgent travel is necessary, situations involving threats to personal safety (e.g., civil unrest or natural disasters), U.S. government employees or military personnel with short notice of transfer back to the United States, and adoption cases where the child is abroad, custody has lasted for at least two years, and travel must happen quickly.

Two other circumstances that can qualify for a blanket exception are when the beneficiary is close to aging out of eligibility (i.e., turning 21 years old), or when a petitioner has recently naturalized and must file a new petition for the relative. In addition, U.S. military members stationed overseas on military bases generally have “blanket authorization” to file their I-130 petitions with the DOS at a local U.S. consular post.

When Can’t You File with the DOS?

You cannot file the I-130 petition if you actually live in the U.S. and want to travel abroad just to take advantage of faster processing of the I-130 petition. Also, if you already filed a petition for the same beneficiary with the USCIS, the DOS cannot accept the I-130 petition.

Filing an I-130 Petition with the DOS

To file the I-130 petition with the DOS, you must prove the case meets the “exceptional circumstances” or “blanket exception” rules, and the U.S. consular post must apply its discretion to accept the petition. If the post ultimately denies the request, you will be instructed to file the I-130 petition with the USCIS.

Even if the consular post accepts the I-130 petition, the DOS official reviewing it must find that it is clearly approvable. Otherwise, the I-130 will be sent to the USCIS for them to review and complete the processing. There is no option to appeal DOS refusal to accept your local filing abroad.

Conclusion

This option of filing the I-130 with the DOS exists to help petitioners with urgent needs abroad. By allowing the DOS to process clearly approvable I-130 petitions, the USCIS is wants to provide a convenient service that can help people in exceptional cases.

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved