Request from PublicAffairs, CISOmbudsman

[Jing Quan]

I listened in the recent teleconference held by PublicAffairs, CISOmbudsman. At the end of it, the person asked us to email suggestions for future conferences. I did and today I received the email below from them. I'm thinking maybe I should solicit your inputs before replying. Please let me know your thoughts and I'll compile a list and send in the most popular one.

 

Jing

====================

From PublicAffairs, CISOmbudsman

 

Thank you for your suggestion of a future teleconference. Do you have a

particular concern regarding family based visas that you would like to

discuss?

 

Thank you again,

CIS Ombudsman's Office

[tywy_99]

I can't think of anything right off hand.

I do admire your commitment, however. I'm surprised no one has put forth any suggestions. I'm sure there are many out there.

 

Thanks,

[Jing Quan]

I thought it was strange, too. But I did get some good suggestions from VJ. I've passed along.

 

I can't think of anything right off hand.

I do admire your commitment, however. I'm surprised no one has put forth any suggestions. I'm sure there are many out there.

 

Thanks,

[warpedbored]

How about K-2/K-4 beneficiaries that age out once they get here because processing is so slow. It's cruel to send them home once they are already here just because the USCUS is so slow doing their job.

[tywy_99]

I listened in the recent teleconference held by PublicAffairs, CISOmbudsman. At the end of it, the person asked us to email suggestions for future conferences. I did and today I received the email below from them. I'm thinking maybe I should solicit your inputs before replying. Please let me know your thoughts and I'll compile a list and send in the most popular one.

 

I, for one, must plead complete ignorance. Could you fill me in on what the CISOmbudsman is and what they do. I know, I know, of all people I should be paying more attention. I am doing the best I can.

Thanks.

Here you go, Steve

 

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

[tywy_99]

You're welcome, Steve

 

Come to think of it, I'm glad Jing Quan brought this subject up. I never thought about writing to the CIS Ombudsman concerning my stepdaughter's case, I wished I did. It's been over three years since her I-485 was filed and no green card to date.

I have sent letters to our local field office. I sent one in Feb. 07, May, 07, and I just sent another one last week. And then I finally got a response to my to letters in July about a week apart; one for the Feb letter and then, a response for the May letter. Talk about inefficiency! And a "canned" response at that!

It's funny that I should receive a I-797 just yesterday requesting biometrics again. I'm sure my recent letter had nothing to do with their response.

Her appointment is next week. We'll take it from there but I still might fire off a letter to the Ombudsman. Try to get this thing moving! It's ridiculous!

 

Thanks again, Jing Quan

[david_dawei]

It would be good to see the VJ recommendations... we want to be careful it's not just 'complaining' issues.

 

1) I would agree that the age-out issue is a big one; if a child files for adjustment once in the country, their age should freeze; otherwise, they shouldn't issue the visa if it's impossible to adjust.

 

2) The K4 follow to join issue needs to be claried; If the K3 adjusts before the K4 gets to the US, then there is supposedly no derivative status anymore; the K4 cannot adjust(?).

 

3) The K1's first 90 days and waiting on the arrival of EAD needs clarification.. there's too much room for, "it's up to the employer".

 

4) The EAD gap needs to be plugged.. there should be very little wait for the next card so that workers are not put in jeopardy of losing their job; again, employers hold they key and can say they can't keep it without the actual card.

 

5) Name check delays should get everyone's vote... the delays on this from NVC, Consulate, and USCIS for adjustment is crazy.

 

6) K3 cannot get a SSN until they have EAD, yet a K1 can get one... K3 should be able to get one.

 

7) The I-824 process to keep the I-130 moving sounds like it's filled with problems. Why can't the I-130 and I-129F be filed simultaneously; they can link them in the computer; anyway, they are merging them and hold them right now with same approval dates.

[NY-Viking]

I'd like to know why biometrics appointments and fees are required at multiple stages of an application. I can understand wanting an updated photo, but there are other ways to handle that (I need to update my passport every 10 years, and just send in a picture). It seems to me to be an incredible waste of time, resources and money (both ours and the goverments) to require people to do biometrics when applying for the conditional green card, and then again when applying to remove conditions. Fingerprints don't change.

[Guest ShaQuaNew]

1. Currently, a large percentage of those that obey US immigration law are actively punished for obedience via, extensive delays, bureaucratic harassment, invalid denials, etc., etc. What systems do you intend to put into place that will reward those that obey US law.

 

2. If you fix number one, there will be no other problems to fix.

 

[Jing Quan]

The message below was what I sent to PublicAffairs, CISOmbudsman based on what I received from VJ:

 

Thank you very much for your email and concern. I'd suggest the

teleconference on current K1/K3 processing times and their effects on US Citizens.

 

It is obvious to us that especially since April 2007; things at USCIS

appear to have gotten gradually worse instead of better. For example,

at the Service Centers, the average time for our community members to get their K1 VISA NOA 2 has gone from less than 30 days in May 2007 to over 130 days and still climbing now.

 

Some of our concerns include:

 

1. Significant delays in the processing of petitions. We notice that

an extremely small number of petitions have been processed/approved

since September 1, especially at the Vermont Service Center even in

cases where they received I-129F's well before the influx of

applications submitted to beat the fee increase.

 

2. Information provided by call center employees is often misleading,

scripted, incorrect or incomplete and almost always apathetic.

 

3. We feel it is entirely inappropriate to prioritize WORK VISA

applications over Family-Based, Non-Immigrant Petitions and to add

insult to injury, allow many types of VISA seekers to pay extra for

15-calendar day premium processing service, but not us.

 

4. We understand the need for security checks, as we are aware of our

national security issues, but we have good reason to believe this is

not the source of the most recent delays. Only the truth and some

swift action on the part of USCIS can alleviate some of the stress

associated with this process. Our lives, along with our loved ones

abroad, are on hold and we have no idea when this first part of the

immigration process will conclude.

 

5. The wait for a petition to clear the USCIS Service Center, reach

the National Visa Center, then the appropriate Embassy and, finally

the attendance of the beneficiary at the scheduled embassy interview

can add an additional 4 ¨C 12 months to an already excruciatingly slow

process. The USCIS needs to set a reasonable goal of 90 days and/or

have expedited processing immediately available for K1/K3 VISA

applicants.

 

6. The strain of this process (both financial and emotional) is taking

a serious toll on the health and well-being of many US law abiding

citizen's who are trying to follow the laws to bring their loved ones

to the US by legal means. Our frustration level with USCIS' inability

or unwillingness to ease/improve this process is reaching a critical

point.

 

7. We, as a collective, have some expectations which include:

a. Accurate, detailed, and empathetic communication with customers

suffering separation from their loved ones.

 

b. Immediately improved processing times with a new goal of 90 days

for petitions as we believe the USCIS goal timeframe of 6 months to

process a K1/3 VISA at the service centers is insensitive and

inadequate for our needs. As with any company, if the new 90-day

standard cannot be met with good management and talented

professionals, then the organization should increase staff or

streamline processes¡ªmaybe even outsource the function utilizing the

creative talent of a good US company to provide our citizens with

better service.

 

Thank you for your time and effort to assist us.

[Jing Quan]

Reply from CISOmbudsman:

 

Thank you for your email regarding the USCIS Receipting Delays. We have received numerous inquires and comments on this issue. Information from individuals like you are the best source for identifying systemic problems in the immigration benefits process. We appreciate your input and hearing specific examples in order to address this issue.

 

We have posted the questions and answers discussed during our October 12 teleconference entitled "USCIS Receipting Delay - How Does This Affect You?" on our website at www.dhs.gov/cisombudsman. We soon will post questions and answers to emails we received after the teleconference.

 

We recommend that you continue to visit USCIS' weekly "Receipting

Delays" update page for more information on this issue: www.uscis.gov.

 

If you have a specific case problem that you would like our office to

research, please visit our website for information on how to submit a

case problem. www.dhs.gov/cisombudsman/. Please include DHS Form 7001 with your case problem as it will provide us with the necessary

information to better assist you.

 

Thank you again for your time and input.

 

Office of CIS Ombudsman