We would like to inform our readers of several recent trends and developments observed at the U.S. Embassy in Tokyo.
Under specific circumstances, the U.S. Embassy may expedite the adjudication of Form I-130, Petition for Alien Relative, when requested. These situations are outlined in USCIS Policy Memorandum PM-602-0043.1, titled “Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130.”
Section (c) of this memorandum describes exceptional circumstances under which USCIS may authorize the Department of State to accept and process an I-130 petition:
- Military emergencies: When a U.S. service member stationed abroad receives notice of a new deployment or transfer with minimal advance notice. This exception applies when the notice given is significantly less than what is typically provided to most service members in similar positions.
- Medical emergencies: When a petitioner or beneficiary faces an urgent medical situation requiring immediate travel. This includes cases where pregnancy presents health risks or extreme hardship to the mother or child if travel is delayed.
- Threats to personal safety: When the petitioner or beneficiary is facing an imminent threat to their personal safety.
- Approaching age-out: When a beneficiary is within a few months of aging out of eligibility.
- Recent naturalization of the petitioner: When the petitioner has recently obtained U.S. citizenship, and the family needs a new, separate petition after traveling for the original immigrant visa interview.
- Adoption of a child: When the petitioner has legally adopted a child domestically and faces an imminent departure. This exception applies only if the child has been in the petitioner’s legal and physical custody for at least two years and a final adoption decree has been issued.
- Short notice of position relocation: When a U.S. citizen living and working abroad receives a job transfer or an offer of employment in the United States with very little notice.
The majority of applicants submit requests under the “short notice of position relocation” criterion. These applicants, along with their beneficiaries, must reside within the consular district. Historically, requests under this criterion have been granted quite liberally. However, recently, we have observed an increase in denials, often without explicit explanations. It appears that the U.S. Embassy is now scrutinizing more closely the immediacy of the job offer and whether the employment in the U.S. is permanent or short-term to determine if the expedite criteria are met.We advise applicants to be mindful of these developments and to consult with us if they have any questions regarding this area.
- L-1 Blanket Petitions: We have also noticed that the embassy is paying closer attention to the company names listed on L-1 Blanket petitions. Recently, a client experienced a corporate name change; the company and its relationships remained unchanged, except for the new name. Under current regulations, there is no strict requirement to amend the blanket petition solely due to a name change. Nevertheless, we recommend updating the blanket to reflect the new name as a best practice for compliance and clarity.
Recently, the embassy refused a visa for an individual whose company’s name had changed but was not reflected in the I-797 Blanket approval. The company was required to amend the blanket to show the updated name.
It is important to remember that even if a visa is ultimately approved, a denial—temporary or otherwise—can impact ESTA eligibility. Specifically, any previous visa denial must be disclosed on subsequent ESTA applications. Failure to do so may lead to ESTA denial, necessitating a regular visa application for travel to the United States.
For further guidance or assistance, please do not hesitate to contact us.