When a U.S. citizen wants to sponsor a close family member for a green card, the Form I-130 (Petition for Alien Relative) is usually filed with U.S. Citizenship and Immigration Services (USCIS) in the United States. However, in very limited and exceptional circumstances, it may be possible to file the I-130 directly at the U.S. Embassy or Consulate abroad, including in India.
This option can sometimes save time, but it is not available for everyone. It is important to understand when and how it can be used.
Who Can Use This Option?
Only U.S. citizens (not permanent residents) may request to file an I-130 at a U.S. Embassy or Consulate abroad. It applies only to immediate relatives, which include:
- A spouse
- A parent
- A child under 21
What Counts as Exceptional Circumstances?
Each U.S. Embassy or Consulate has discretion to decide whether the situation qualifies. Some examples include:
- Employment Relocation on Short Notice: A U.S. citizen working in India suddenly receives a job transfer or offer in the U.S. and needs to relocate quickly with their family.
- Aging Out of a Child: If a child beneficiary is about to turn 21, filing at the embassy may help preserve their eligibility.
- Medical Emergencies: Either the U.S. citizen petitioner or the beneficiary has an urgent medical need requiring travel to the U.S. for treatment.
- Threats to Personal Safety: Cases involving natural disasters, civil unrest, or other risks where safety is a concern.
- Recent U.S. Naturalization: When a lawful permanent resident becomes a U.S. citizen, certain family members (such as minor children) may now require new petitions.
How Does It Work in India?
At the U.S. Embassy or Consulate in Mumbai, the U.S. citizen must first request permission to file locally. The embassy will review whether the case qualifies under exceptional circumstances. If approved:
- The U.S. citizen submits the I-130 with all supporting documents.
- Originals, filing fees, and required forms must be presented at the appointment.
If the embassy denies the request, there is no appeal. In that case, the U.S. citizen must file the I-130 through USCIS in the United States.
Important Limitations
- This option is not available to those who simply prefer faster processing abroad.
- It is not available if the U.S. citizen already has an I-130 filed in the United States, unless there is a true emergency that requires withdrawing and refiling.
- Approval is entirely at the discretion of the embassy — there is no guarantee.
Final Thoughts
Filing an I-130 directly at a U.S. Embassy can be a helpful tool, but it is reserved for urgent and exceptional cases. For most families, the standard process through USCIS will apply.
At NPZ Law Group, we work with families across the U.S. and abroad to evaluate the best filing strategies, prepare strong applications, and respond quickly to urgent situations.
If you are considering filing an I-130 from abroad or have questions about whether your situation may qualify for embassy filing, contact us today. Call us at 201-670-0006 or visit www.visaserve.com for more information.