Direct Consular Filing
Direct Consular Filing (DCF) is a procedure that allows U.S citizen to petition for his/her immediate relatives directly to the U.S. Embassy/Consulate in their country. The U.S. Embassy/Consulate handles the visa petition and decides the immigrant’s eligibility for a green card without requiring that any paperwork be handled by USCIS offices in the U.S. The entire procedure can take as few as 3 months instead of a year or more.
Even though DCF is faster than processing through a U.S. Service Centre, it is not instant. The immigrating spouse/relative still needs to go through the entire visa application and collect various documents such as birth/marriage/police certificates.
India
The USCIS Office in New Delhi accepts Form I-130 by U.S. citizens filing for the immigration of their family members classifiable as “immediate relative.”
U.S consulates in Mumbai, Chennai and Kolkata are not authorized to accept any immigrant visa petitions
Immediate Relatives
The following relatives of U.S. citizens are eligible to qualify for immigration in the immediate relative category.
- Spouse or Minor Child of a U.S. Citizen. An Immigrant Visa may only be processed for a child if he/she has no claim to U.S. citizenship.
- Parent of a U.S. Citizen. U.S. Citizen must be 21 or over
- Step-parent or child of a U.S. Citizen. Stepparent-stepchild relationship must occur before the child’s 18th birthday
Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.
The U.S. Citizenship and Immigration Services at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India. U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.
If the U.S citizen is eligible to file in New Delhi, they should file the petition with the U.S. Citizenship & Immigration Service Centre having jurisdiction over their place of residence or last residence in the United States. Lawful Permanent Residents must file the petition in the United States.
Evidence of Residence
Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India.
The author of this article, Prakriti Nanda is a senior associate at Pinnacle Legal LLP. To know more about united states immigration services and immigration consultants in India, please visit this link Immigration agents in Chandigarh.
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