The USCIS has advised that I-130s which are pending at U.S. Embassies and Consulates should not be re-filed. The USCIS notice was issued in the wake of the enforcement of the Adam Walsh Protection act which prevents U.S. Embassies and Consulates from processing I-130s. The relevant portion of the USCIS notice appears below:
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February 27, 2007
USCIS Update
USCIS Advises Petitioners Overseas - Do Not Re-File I-130 Processing Continues on Petitions for Alien Relative
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) advises anyone who filed a Petition for Alien Relative, (Form I-130) with an American embassy or consulate since July 2006 that they do not need to re-file the petition. USCIS is working with the Department of State to process those petitions.
The Department of State announced in January 2007 that certain requirements of the Adam Walsh Child Protection and Safety Act (enacted in July 2006) precluded them from accepting new petitions.
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