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Ely
Ely, Counselor at Law
Category: Immigration Law
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Experience:  Private practice in several areas, including immigration
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One of my friends is living in India.. He is a USC and will

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One of my friends is living in India.. He is a USC and will file an I-130 petition for his daughter.

My question is whether my friend living in India can file an I-130 petition for his daughter or he must be present in the U.S.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Your friend does NOT have to be living in the USA to file an I-130 for an immediate relative, provided that he is a US Citizen. Of so, he can file from abroad.

The I-130 petition would still be filed in the same manner however, with USCIS to an address in the USA. Some (many) US Consulates/Embassies allow a "direct filing" to the consulate/embassy for extreme/expedient cases, but it is on a case by case basis and depends on the US Consulate/Embassy. See here. This would be up to the nearest consulate/embassy whether or not they would agree to do this.

I hope this helps and clarifies. Good luck.

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