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Filling a Petition

Filling a Petition

Filing a petition is the first step in the immigrant visa process

  • Petitioners residing in the U.S (Form I-130)

The petitioner (U.S Citizen or Legal Permanent Resident) should contact the USCIS Service Center having jurisdiction over the petitioner’s place of residence in the United States. For more information, please contact USCIS. Click here for more information. The processing time varies depending on the service center where the petition is filed.

Once USCIS approves the petition, they will send the petitioner a Notice of Approval (form I-171 or I-797) and forward the approved petition to the National Visa Center (NVC) for administrative processing.

USCIS provides case status information online at USCIS website.

  • U.S. Citizen Petitioners residing in Vietnam

Filing Form I-130 in Vietnam

There is no USCIS Overseas Service Center in Vietnam. Therefore, form I-130 must be filed with the USCIS Chicago Lockbox at one of the addresses below:

  • USCIS Chicago Lockbox addresses for regular mail deliveries:

    USCIS
    P.O. Box 804625
    Chicago, IL 60680-4107
  • USCIS Chicago Lockbox address for express mail and courier deliveries:

    USCIS Attn: I-130
    131 South Dearborn-3rd Floor
    Chicago, IL 60603-5517

    For additional information about how to file a Form I-130 with the USCIS Chicago lockbox, please see the USCIS website or contact USCIS by phone at 1-800-375-5283.

Filing Form I-130 in Vietnam – Exceptions for using the Chicago Lockbox as above

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. USCIS will be publishing guidance on the circumstances that may qualify as exceptional on USCIS website.

If you feel that you meet the qualifications for exceptions to the Chicago Lockbox, please contact the consulate using clicking on contact us. Note: Final Decisions are made by USCIS and not by the Consular Section in Ho Chi Minh City.

THEN if you have been approved by USCIS to file at Embassy or Consulate : click here for information about what to bring to the Consulate.

Applying as a Widow or Widower of a U.S. Citizen (Form I-360)

You may file an I-360 petition for yourself if:

  1. You were married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death.
  2. Your citizen spouse died less than 2 years before the date of which you file this petition.
  3. You were not legally separated from your citizen spouse at the time of death; and
  4. You have not remarried.

Note: If your citizen spouse filed a Form I-130 for you before your citizen spouse died, you do not need to file this petition.

We accept I-360 Petitions in the American Citizens Services Section on Fridays from 9:00 to 10:00.

If you meet these qualifications, click here for information.

For further information on visa categories, click here.