Ombudsman Teleconference on July/Aug 2007 Filing Issues
Posted Jun 20, 2008
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The Citizenship and Immigration Services (CIS) Ombudsman's office held a May 30, 2008 teleconference on the topic, USCIS Summer 2007 Application Surge: How Is It Affecting You Now? This was the latest in the series of teleconferences held by the CIS Ombudsman's office. We last reported on the teleconference dealing with the topic of USCIS customer service in our February 29, 2008 article, CIS Ombudsman's Office Addresses Customer Service. During the May 30, 2008 teleconference, the CIS Ombudsman's Chief of Programs, Policy, and Research accepted questions from teleconference participants and provided comments on the on-going residual impact of the last summer's surge in filings.
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Receipting and Processing Delays Still Problematic
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The CIS Ombudsman's Chief of Programs, Policy and Research, who served as the teleconference moderator, indicated that the USCIS has been making progress in clearing some delays created by the 2007 summer surge of filings. In particular, the USCIS has made improvements by shortening the processing time for Form N-400 (Application for Naturalization), from a range of 16 to 18 months to a range of 13 to 15 months, on average.
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Particular Problems with I-140s / EADs / APs
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While there has been some progress with naturalization cases, other filings continue to suffer delays or even increased processing times. In particular, the I-140 (Petition for an Alien Worker) processing times have greatly increased. Also, many teleconference participants reported delayed adjudications of I-765 (Applications for Employment Authorization) and I-131 (Applications for Travel Permit), which are based on last summer's I-485 (Applications for Adjustment of Status) filings. The CIS Ombudsman has already recommended that I-765s and I-131s be approved for the validity dates lasting more than one year. (It should be noted that, after the May 30, 2008 teleconference, Department of Homeland Security Secretary Michael Chertoff announced at the June 9, 2008 State of Immigration Address that the agency "will be extending the validity period of the employment authorization documents" to two years starting at the end of June 2008. The USCIS also issued a June 11, 2008 notice (PDF 53.8KB) indicating that it will reinstate I-140 premium processing on a very limited basis, starting June 16, 2008.)
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Other Concerns - USCIS Not Processing Cases in Order of Filing
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Several participants were concerned about the seemingly unfair practice of adjudication of later-filed applications and petitions before those that were previously accepted for processing. One caller, in particular, questioned whether the USCIS still adheres to the practice of First-In / First-Out (FIFO). The teleconference moderator referred this question to the USCIS and indicated that the answer would be posted on the CIS Ombudsman's WebSite .
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Status Inquiries Remain Difficult to Make
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A few teleconference participants reported that it may be extremely difficult to inquire about a case status by calling the USCIS customer service number. They stated that the line seems to be busy most of the time and that no operator is available. The USCIS is reportedly working on updating their customer service lines to make them more accessible and user friendly and, hopefully, to provide some useful information instead of simply reiterating what is already available on the website.
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Some July / August 2007 Filings Not Yet Receipted
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Several who called in reported that their filings from summer 2007 have not been receipted, even though their filing fee checks have been cashed. The moderator reminded the participants that, in these extreme cases, they should fill out Form 7001, available on the CIS Ombudsman's WebSite, to report case problems.
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Conclusion
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There were a few other problems reported by teleconference participants, in addition to the matters reported here. The CIS Ombudsman's Chief of Programs, Policy, and Research assured the audience that her office would pose all relevant questions and make recommendations to the USCIS. A follow up with the answers provided by the USCIS then would be posted on the CIS Ombudsman's WebSite. Those who continue to experience problems as a result of the last summer's surge in filings should report them to the CIS Ombudsman using Form 7001.