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07 April 2010

USCIS: Our Mission and What We Do Not Do

We know the immigration system can be very complicated and there are several governmental bodies involved in administering, enforcing, and creating the immigration laws in the United States.

We thought it would be helpful for us to summarize both our mission and those things that we do not work on to give our readers a more clear understanding of the system.

Our Mission

First, the following comprises our primary mission:
  • Adjudicate applications and petitions for immigration and citizenship benefits,
  • Detect immigration fraud,
  • Provide information and opportunities for us to address customer needs,
  • Promote an awareness and understanding of citizenship,
  • Ensure the integrity of our immigration system, 
  • Adjudicate refugee and asylum applications filed by those fleeing persecution, and
  • Adjudicate immigration applications for U.S. citizens who are adopting a child from another country.
What We Do Not Do

There are also a number of important roles, tasks and functions that fall outside our jurisdiction. Here are some important things that USCIS does NOT do:
  • Enact new immigration laws. (Laws must be passed by both the U.S. House of Representatives and the Senate and then signed by the President.)
  • Determine which priority dates are current. (This is the responsibility of the Department of State.)
  • Publish the visa bulletin. (This is the responsibility of the Department of State.)
  • Issue visas. (This is the responsibility of the Department of State.)
  • Process Labor Certifications or certify Labor Condition Applications. (This is the responsibility of the Department of Labor.)
  • Arrest, detain, and enforce the removal of aliens who are removable (deportable) because e.g., they are in the United States illegally or have violated their immigration status. (This is the responsibility of Immigration and Customs Enforcement.)
  • Administer the Student and Exchange Visitor Program. (This is the responsibility of Immigration and Customs Enforcement.)
  • Order the removal (deportation) of aliens from the United States. (This is generally the responsibility of the Executive Office of Immigration Review.)
  • Determine aliens' admissibility at ports of entry (e.g., at airports or land border crossings from Canada or Mexico). (This is the responsibility of Customs and Border Protection.)
Not surprisingly, we are most interested in those aspects of the immigration system that have to do with our mission - and that we can influence. We hope to speak more to those points in our future posts and thank you for your comments.

88 Comments:

At April 7, 2010 at 1:18:00 PM EDT , Anonymous Anonymous said...

Thanks.

Congress passes the basic framework of the law. The minute nitty-gritty details are added by the USCIS. What is that procedure called?

The Employment based (EB) green card system in unfair in current form.

Please treat the EB3 applicants waiting for 5 years as EB2 and approve their applications. Some EB3 are waiting for 10 years. Do you think they are not qualified as EB2?

The EB3 to EB2 conversion is not part of the Congress work. It is part of the USCIS rule making process.

We know what your constraints are. We are asking for relief within that constraints.

After the 10 year wait we have no hope that congress will help us. Eb3 to EB2 conversion is our only hope.

Please.

 
At April 7, 2010 at 1:51:00 PM EDT , Anonymous Anonymous said...

This blog is a good idea and it is definitely a right step in the right direction.
Now we have a venue where we can listen to each other.

We do understand that you can't change the law, but we are sure you can change the way you interpret the law.
Could you please let us know if you can do any of the following things with out a chnage in the law

1) Combine EAD and AP into one document and issue for 3 years.
2) Allow people with approved I-140 to file for I-485.
3) Do not count the dependants against visa numbers.
4) Publish all the backlog data including that of district centers.
5) Publish visa numbers that have been used till date in the current year.

What we and a great majority of immigration lawyers think is, all of the above changes are with in your reach, and you can change the interpretation accordingly,
and there is nothing stated in the law which prevents you doing so.
Could you please comment on this one question and we stop bothering you.

 
At April 7, 2010 at 1:54:00 PM EDT , Anonymous Anonymous said...

What you states is true. However, USCIS shouldn't have created the backlog by wasting too many visa number in the past years. The backlog problem should be fixed, not ignored. It's a pain to EB community.

 
At April 7, 2010 at 1:58:00 PM EDT , Anonymous Anonymous said...

I am working here legally for almost 13 years.
I am eligible for Social Security benefits.

I have Masters Degree from American University.

I am Canadian citizen but born in India so I am considered EB3 India.

Our (including family) green cards pending for almost 7 years.

I know we will not get green cards for next 25 years due discriminatory country based quota system.

I now fully understand that life is a misery for me, my wife, and my children and either we happy accept this misery or just move back to Canada where at-least we have full rights as we are all Canadian citizens.

Our American Dream is dead.

What a waste of our life in this great country.

We have just GIVEN UP.

Thank you USCIS for explaining all the above.
We know it's not your fault but we also know that it's not our fault either.

It is just the broken system that exploits educated people from all over the world by showing them American Dream.

USA needs us to work here but when it comes to green cards, then it discriminates based on country of birth.

Please let the appropriate people (who make these draconian laws) know that we are humans, not made of steel.

THANK YOU FOR MAKING THE EFFORT WITH THIS BLOG.

BEST WISHES.

 
At April 7, 2010 at 2:30:00 PM EDT , Anonymous Anonymous said...

Thanks for the Info. Does the Dept of State have a blog where we can put our requests/comments

How can you help us pursue our needs...

 
At April 7, 2010 at 2:40:00 PM EDT , Anonymous Eva said...

But, can you be more specific please?
What about working permits to H4 holders?
What about EADs and APs for approved I-140s?
How can you justify the fact that you did not use more than 200.000 visas issued by the DoS? Can you explain that too? Thanks!

 
At April 7, 2010 at 3:09:00 PM EDT , Anonymous Anonymous said...

To me this article sounds like typical "This is not my job" type of excuse. "Whos job is it, Then?"

 
At April 7, 2010 at 3:35:00 PM EDT , Anonymous B said...

You have to accept the fact that you wasted 218,000 EB green card visas.

CIS published a report about how efficient USCIS in its operations. Please admit the fact and try to come out of it. Please don't give school kid excuses.

Please see the snippet of CIS report - "The loss of green card visas is due to: (1) gaps in USCIS’ accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States)."


Your job is life of many immigrants. We are also well educated and working as executives in corporates like you. Please do not waste visas and make our life miserable.

There are many process, which are made for ease of administration purpose. But, don't you think you are following the same very old process? For improving some small process will help lot of us. One such will be - allowing applicant to file 485 (AOS) if they have approved I-140.

Do you guys have ears to listen us?

 
At April 7, 2010 at 3:35:00 PM EDT , Anonymous Anonymous said...

This blog is a good idea and it is definitely a right step in the right direction.
Now we have a venue where we can listen to each other.

We do understand that you can't change the law, but we are sure you can change the way you interpret the law.
Could you please let us know if you can do any of the following things with out a change in the law

1) Combine EAD and AP into one document and issue for 3 years.
2) Allow people with approved I-140 to file for I-485.
3) Do not count the dependants against visa numbers.
4) Publish all the backlog data including that of district centers.
5) Publish visa numbers that have been used till date in the current year.

What we and a great majority of immigration lawyers think is, all of the above changes are with in your reach, and you can change the interpretation accordingly,
and there is nothing stated in the law which prevents you doing so.
Could you please comment on this one question and we stop bothering you.

 
At April 7, 2010 at 3:39:00 PM EDT , Anonymous Anonymous said...

"Ensure the integrity of our immigration system"

Please do the above by not losing a SINGLE visa, by recapturing the lost visas of the past decade and by using them to clear the backlog of AOS in a competent and efficient manner. It is high time, don't you think?

 
At April 7, 2010 at 3:42:00 PM EDT , Anonymous JoeF said...

"Whos job is it, Then?"
They said that. Congress. Congress makes the laws.
Contact the Congressperson for your district and ask him or her to support the Comprehensive Immigration Reform (CIR) bill. That's the bill that would change the immigration law, and solve a bunch of the problems people have.

"What about working permits to H4 holders?
What about EADs and APs for approved I-140s?"
That are issues of the law. Only Congress makes laws in this country. Ask your Congressperson to support the CIR.

"The EB3 to EB2 conversion is not part of the Congress work."
It is. The categories are specified in the law.

While I can understand people bashing CIS (they deserve it in a lot of instances), this stuff is to a large extent out of their hand.

So, I'd say, demand answers for the stuff they are responsible for, like what Eva mentioned above:
"How can you justify the fact that you did not use more than 200.000 visas issued by the DoS?"

 
At April 7, 2010 at 3:58:00 PM EDT , Anonymous Anonymous said...

Firstly USCSIS,
Thanks for the prompt reply... We are in a total agreement with what you posted. Thanks for the post and details about the concerned agencies and dept that are responsible in making the move or change.
What about the blog reply posted about permitting H4's to work.

People,
Please stop asking or telling the same thing even after seeing the post. Let's take this to DoS as USCIS said they are the one who need to publish the bulletin.

I think it's a better idea to explain to them the personal situation in detail...

Again, thanks USCIS, hopefully all comments were considered positively and highly assume that when need comes and USCIS has a role playing command then will recommend about us.

Thanks Over and out from this BLOG.

 
At April 7, 2010 at 4:32:00 PM EDT , Anonymous Anonymous said...

Thank you for the detailed description on the DO's and DO NOT DO's of USCIS.But here there is no information about what will USCIS DO/DONT DO if USCIS wastes/Wasted the Visa numbers.Who is responsible for it? USCIS OR DOS OR DOL OR CONGRESS. Why does USCIS need approval from Congress to use wasted numbers which were already approved by Congress to use them. why this double approval. No body is asking for extra numbers.

 
At April 7, 2010 at 6:05:00 PM EDT , Anonymous Anonymous said...

"Adjudicate applications and petitions for immigration and citizenship benefits"

*******
yes, according to the law, this is the role of USCIS. So, why not talk a little more about this one. How many visas were available each of the last five years? How many were not issued because of the USCIS NOT adjudicating sufficient numbers of petitions?

It's fine to point to the fact that the quota is set by congress and that the state department issues the visa bulletin. But the problem appears to be in adjudicating. Why can't USCIS even give accurate numbers for the number of cases that have been adjudicated?

 
At April 7, 2010 at 6:52:00 PM EDT , Anonymous Anonymous said...

How can you justify the fact that you did not use more than 200.000 visas issued by the DOS? Can you explain that? Thanks!

 
At April 7, 2010 at 7:08:00 PM EDT , Anonymous Anonymous said...

Who approves increas of the fees by USCIS? It is very simple, that who get fees must do every thing possible to help their customers. I guess it is USCIS's duty to take the feedbacks to DoS or even to White House that our customers are feeling like this. What can we do together to help them? This is that simple. This is called the American spirit. Pushing ball to other's court is damn easy thing to do in this world.

 
At April 7, 2010 at 7:53:00 PM EDT , Anonymous Anonymous said...

Sir, I have a humble question. Does USCIS needs law passed through Senate/HoR and signed by President that until this law USCIS cannot discuss their customers' concerns/comments with DoS or White House? If this is true, then I will accept your above response in positive spirit. If this is not the case, then USCIS should act in positive and human spirit.

God Bless America!

 
At April 7, 2010 at 8:00:00 PM EDT , Anonymous Anonymous said...

I agree with what you said that you are not responsible for posting priority dates BUT visa office RELIES on USCIS on how many they issued for a particular month. With that in mind and the way I see it, USCUS is still RESPONSIBLE in giving CORRECT DATA to the visa office hence allowing them (visa office) to post proper cut-off date.

With what's going on right now, USCIS has its count only for Service Centers (Nebraska, Texas) but did not gave any information on how big the number is for the District Offices which should also be included in the count. Such information was just found out lately because Visa Office is wondering how come 2/3 of all the visa number requested came from District Offices. Now they found out what was really going on.

With the way things are right now, I wonder how US will remain as a global leader. I wonder how will they attract foreign professionals if this is the kind of system they have. I wonder when will the day come and realize that because of their incompetence, US is loosing A BIG NUMBER of talented and skilled workers which now are moving elsewhere because of this bureaucratic nonsense.

 
At April 7, 2010 at 8:10:00 PM EDT , Anonymous Anonymous said...

"Determine which priority dates are current. (This is the responsibility of the Department of State.)"

Yes, we all agree and know this. And DOS can only determine the correct priority dates if USCIS provides them with the correct data. As we have experienced now again USCIS is unable to determine how many cases are waiting to be processed. How should DOS do their job then?

USCIS could, at least for the sake of us thousands of LEGAL immigrants who FOLLOW THE LAWS AND RULES of this country and who are stuck in this endless limbo for many years, give out correct data, so applicants and their families can get an idea when they might get processed.

We're dealing with an organization that is highly inefficient and non-transparent on the one hand, and on the other hand brutally strict and unforgiving with any poor LEGAL immigrant that makes a mistake with his or her application.
This is a horrible mess.

 
At April 7, 2010 at 8:12:00 PM EDT , Anonymous Anonymous said...

If your job is to "adjudicate applications and petitions for immigration and citizenship benefits" then how come there were hundreds of thousand wasted visas over the years? Who's fault is this? Let me guess .... not yours!

 
At April 7, 2010 at 8:45:00 PM EDT , Anonymous Anonymous said...

I believe, USCIS needs to be a bit smart, humane, sensitive and proactive to escalate the EB VISA backlog issues to congress and to state dept with the intention of fixing this, instead of being a mute and dumb spectator to the whole mess. It is that plain and simple, Congress and state dept does not understand/will not understand the complexity unless it is explained by USCIS. By being silent on this USCIS is doing harm to USA, would be immigrants and to the future of USCIS employees as well. Without any positive development on this, most of the waiting EB people will eventually achieve their goal, but that is after a decade or two later and they would have lost all their energy and interest to do something good for USA, Instead they will be a burden on the country by being less productive.

 
At April 7, 2010 at 9:22:00 PM EDT , Anonymous Anonymous said...

Dear USCIS,
Thank you for opening this blog as a dialog venue. I am one of the many EB applicants, and I feel related to many issues voiced by other commentators here. Although I don't particularly enjoy seeing the flood of comments lamenting about personal situations, I think the message in many of them distills down to the current effectiveness of USCIS operations, and effectiveness of the USCIS communication with other government bodies.

It's obvious that the waiting lines for immigration visas are growing, and that for many folks there doesn't seem to be a prospect of change in the foreseeable future, with all the implications this entails. Of course, it’s understood that USCIS is only partially capable of addressing this situation, and other players such as Department of State have their role here.

But it's also evident that in the recent years USCIS has been unable to effectively process cases and allocate all visas allowed by law for the EB preference immigrants, I’m talking about the 140,000 annual limit. As a result, large amounts of potential visas go wasted, and frustration is growing among the applicants who are perfectly eligible for the visa.

We do understand that the Visa Bulletin issued by the Department of State dictates the pace with which USCIS adjudicates cases; at the same time, we believe that a more effective application processing at USCIS and a more effective communication with the DOS would help the latter understand the demand for visas better and provide more adequate support to USCIS.

If the number of visas issued annually roughly corresponded to the cap set by the Immigration and Nationality Act, and all mechanisms such as Spillover were fully engaged in the process, I’m sure the still inevitable delays would be met with more understanding and patience on the applicant side.

We truly hope improvements will be made in this regard.

Thank you!

 
At April 7, 2010 at 9:48:00 PM EDT , Anonymous Anonymous said...

I do not understand the policy to migrate (via DV Lottery) people from all over the world to take away jobs from Americans. People who have earned degree from accredited universities of US, paid taxes for years, paid lots money to lawyers to stay legally do not have future in this country. We are not taking jobs away from Americans but we are giving them income as lawyers fee and hiring them to present our case to USCIS. I hope USCIS understands current situation and work to clear system backlog. Compared to other developed countries US immigration system is becoming inefficient and inactive. I have bachelors and Masters degree from US university, getting tired tired and more tired...

 
At April 7, 2010 at 10:12:00 PM EDT , Anonymous Anonymous said...

How can you "Ensure the integrity of our immigration system" when you have severely under-reported pending 485 numbers? You have shifted almost 2/3 of 485s (by some estimates) to the district offices and have passed off what's left at NSC and TSC as the total pending.

Meaning you did not tell DOS or Congress the actual number of visas that are pending. So DOS is now getting more "stealth" or unexpected demand from the District Offices than NSC and TSC and they are totally flabbergasted. No wonder the Visa Bulletin is not moving!

Why won't you own up to your responsibility? It will not take you more than a few days to do a census to find out the total number of pending 485s across all district offices.

I mean, your level of incompetency is just plain absurd! What will it take for your agency to change? Class Action Lawsuits? Challenging your testimonies to Congress? Embarrassing you in the media?

 
At April 7, 2010 at 10:14:00 PM EDT , Anonymous Anonymous said...

We understand "what we do and we do not" and also understand that USCIS cannot enact new immigration laws. But what baffles me is how did USCIS move from vertical to horizontal spillover without congress approval?

 
At April 7, 2010 at 11:28:00 PM EDT , Anonymous Anonymous said...

What about allowing people to file for I-485 whose I-140s are passed already and waiting for a longer time. At least after getting EADs, couple can start working in USA without any restriction?

 
At April 7, 2010 at 11:55:00 PM EDT , Anonymous Anonymous said...

With millions of Americans unemployed, there should be a temporary hold on all employment based greencards.

 
At April 8, 2010 at 9:18:00 AM EDT , Anonymous Anonymous said...

Jobs of Americans are not taken by EB category people they are all specialised people. The jobs of Americans are taken by multinational corporataion in China & India. very low minority from India and China under EB category without any political voice.

I think the job commenter above is a Tea-Party guy. dont live in ignorance brother/sister.

 
At April 8, 2010 at 9:32:00 AM EDT , Anonymous Anonymous said...

Can you do anything on these issues without changing the law?
1) Combine EAD and AP into one document and issue for 3 years.
2) Allow people with approved I-140 to file for I-485.
3) Do not count the dependants against visa numbers.
4) Publish all the backlog data including that of district centers.
5) Publish visa numbers that have been used till date in the current year.

 
At April 8, 2010 at 9:45:00 AM EDT , Anonymous Anonymous said...

sir,
I think your responses are counter productive. I was so glad that you started a blog to resolve customer complaints. INstead you are passing ball and drawing your own limits of your agency. You know thats not leadership.

Like someone said earlier, you charge fees for the benefits and hence you should own the responsibility and improve the situation. Most requests are administrative fixes by USCIS and do not need senator/congress involvement. Now that CIR bill possibility is so weak this year, please help these EB's.

Look at your blog, 100% of your customer base is unhappy and that tellls you something. At the end of the day, I can look into the mirror and see how good I have been.

 
At April 8, 2010 at 10:06:00 AM EDT , Anonymous Anonymous said...

The EB visa category are used by companies to hire cheaper resources overseas. These visas are used to bypass the American workforce. Having a BS or masters degree does not make anybody specialized enough to warrant a green card. There is nothing wrong about being a tea party person, in this country we have all have rights to freedom of speech and belief.
Immigration laws cannot be changed by posting in blogs.

 
At April 8, 2010 at 10:18:00 AM EDT , Anonymous Anonymous said...

Thank you for sharing what you can do and what you cannot do.

If your one of the primary missions is “Adjudicate applications and petitions for immigration and citizenship benefits,” then, why you are not adjudicate the 485 applications to what DOS gives you the priority dates to?

I am sorry to say, but if your mission is adjudicating 485 applications as much as you can, then, why do we see a lot of (GC) visa numbers wasted every year?

All of us, who are waiting for GC, will not be posting this kind of comments if we see “all yearly visa numbers are used up” and because of that the backlog is existed and we have to wait.

We are very disappointed to see the backlog even the numbers are not used up every year.

Please explain all of us the reasons of wasted visa numbers.

If we see some decent reasons, then, we may understand your duties better.

Thank you for reading my comment.

 
At April 8, 2010 at 10:33:00 AM EDT , Anonymous Anonymous said...

Dear Xenophobe, don't worry.

Because of what USCIS is doing (i.e. lying about pending applications to DOS) they have made it functionally impossible to immigrate under most of the employment based category.

So essentially USCIS have indirectly placed a bar on employment based immigration.

 
At April 8, 2010 at 10:50:00 AM EDT , Anonymous Anonymous said...

Yeah stop every employment based immigrant from coming here and send everyone who is already here back!

Oh wait....

Then they will all migrate to Canada, Australia and England. That means most of the jobs will go with them because those countries typically have more competitive labor costs and it's much less bureaucratic when it comes to immigration and international trade. That means if these people go then that will actually speed up outsourcing.

Damn! What is a nativist to do?

 
At April 8, 2010 at 10:55:00 AM EDT , Anonymous Raj said...

USCIS Blog Team,

Thanks a lot for clarification. Honestly speaking it really clarified couple of wrong impressions I had in mind too. Like, I sincerely believed that USCIS is responsible for sending H1 people back from airport if working on client side. But your clarification proved me wrong.

It still leaves couple of open questions in my mind:

1. Can USCIS do internal adminitrative fix to automatically convert EB3 to EB2 after 5 years of application?

2. If USCIS doesn't make rules, how come H1B employer-employee relation policy changed? Was it directed to USCIS by other agency / senate?

3. As USCIS has openly recognized the backlog and it is going to stay for long time, especially for EB3 India people, why can't we get unlimited advanced parole / EAD instead of spending money every year.

4. Why USCIS is not providing correct numbers of pending applications to DOS so that they can determine correct priority dates? I think DOS also recognized this as an issue.

Yes, after this clarification I am convinced that USCIS' hands are tied more than I thought. But I still believe the agency could work on some steps that they could do without any outside approval like unlimited advanced parole / EAD or converting EB3 to EB2 after 5 years of Priority Date of filing.

I understand its not something like USCIS is tyrant and we are victim but we both understand this is a huge problem and need to work tegether to resolve the issue.

 
At April 8, 2010 at 11:00:00 AM EDT , Anonymous Anonymous said...

Priority Date Decision Body - You mentioned that it is DOS who decides to make priority date 'current'.

There are different departments within DOS.

Can you please tell which department is handling 'priority date decision'? Would be great if we know under-secretary of department as well.

 
At April 8, 2010 at 12:35:00 PM EDT , Anonymous Anonymous said...

USCIS is doing a good thing with this blog, the improved website, and publishing more data.
What has been mentioned in the entry is the fact.

What USCIS can do is to make their usage of visas and the backlog more transparent.
With more data all users will be able to see how efficient USCIS really is.

Please post clearer data about
1. How many I-485s you have on file and break it up by offices the files are being processed at.
2. Breakup of I-485s within each office by quota, year and month
3. Breakup of I-485s within each office by state of the application

This will go a long way.

 
At April 8, 2010 at 1:38:00 PM EDT , Anonymous Anonymous said...

Dear USCIS,

Within your powers please do something to help the people who are in the "EB3 backlog". Some of the releif can be done withour any new law from the congress.


We are really suffering. We are stuck at the same job position and we could not make any major decision like buying a house since we are in a limbo state.

 
At April 8, 2010 at 7:08:00 PM EDT , Anonymous Anonymous said...

Dear USCIS,

I was pleasantly surprised to discover this blog. I applaud the agency's effort in establishing an open dialog w/the public. I suggest the agency should implement steps to compel officers to be held liable for making incorrect denials, as well as approvals. Too often, cases are denied due to misunderstandings of facts and/or law. Your adjudicators rarely face any consequence for such mistakes. I believe the credibility/public image of this agency will improve significantly when officers are held liable for all erroneous decisions, including denials. The current system only encourages a culture of "no," which has not only hurt U.S. businesses, but lives of thousands of innocent families in the post 9-11 world.

 
At April 8, 2010 at 7:40:00 PM EDT , Anonymous Anonymous said...

First and foremost, EB people DO NOT TAKE AMERICAN jobs. Why is that? Before an alien get his approve H-Visa, it has to pass Labor Certification. If Labor Certification checks and rechecks that there is no US Citizen or Permanent Resident individual who really is qualified for the job, they approve the H-Visa. For us immigrants coming in LEGALLY, we start our GC application with, LC (Labor Cert), I-140 Petition and finally I-485 (AOS).

All theses procedures are not cheap to do and takes a lot of time so I think any company who doesn't want to be scrutinized by IRS or any Government Agency will not go this path and have a hard time just to get an alien to work legally. Also, the risk of denial is there and there is no guarantee that they will give you a H-Visa.

 
At April 8, 2010 at 7:44:00 PM EDT , Anonymous JoeF said...

"We understand "what we do and we do not" and also understand that USCIS cannot enact new immigration laws."

And the post directly below that shows that obviously a lot of people don't understand that...

 
At April 8, 2010 at 7:50:00 PM EDT , Anonymous JoeF said...

"With millions of Americans unemployed, there should be a temporary hold on all employment based greencards."

Oh, some anti-immigrants have found this blog as well...
me ask you this, Mr. or Mrs. Anti-Immigrant:
Do these millions of Americans have the qualification to write complex software? Do these millions of Americans have the qualifications to be professors? Or are you telling us that a layed-off worker from General Motors is qualified to write software???

Unemployed Americans by and large don't have the qualifications the employment-based Greencards are for. In fact, part of the application process is that the employer has to show that no qualified American is interested in the job.

 
At April 9, 2010 at 11:15:00 AM EDT , Anonymous Anonymous said...

Thanks for informing the users about your mission. One of the primary role is to adjucate. Preadjucating will help not wasting the visa numbers. If the numbers are preadjucated, please provide some transparency with it. Kindly post information such as the last pre-adjucated priority date for each category, specifically employment based green card.Immediately notify the applicants who have been pre-adjucated so that they can plan their future activities.

 
At April 9, 2010 at 2:13:00 PM EDT , Anonymous mkissel said...

This post is one of the most helpful describing the differences with what USCIS does. It can be very confusing trying to figure out the immigration system and so many different departments and agencies that take part in immigration.

Sadly though I think that our system is too complicated and difficult to figure out. Immigration reform is needed, it will never be perfect and there will always be those sad stories out there but there is something wrong when it can take some people years to get status.

 
At April 9, 2010 at 3:03:00 PM EDT , Anonymous Anonymous said...

Wheather you are Citizen/GC/EAD/H1B/Others does job market care? It is purely skill-sets and preference of the individual and the company that matters. Does this make sense?

 
At April 11, 2010 at 5:18:00 PM EDT , Anonymous Anonymous said...

The performance of the USCIS has been a disgrace over the last 10 years, and probably even beyond that.
More than 200,000 visas have been wasted during that period. 200,000 people who had a legal right to get their green cards based on the laws created by the US government.
But they went unused because of extremly bad performance by the CIS.

And with this message you are clearly showing you are still not willing to clean up the mess that has been created by this department. You should be ashamed!

The USCIS should have assigned these Greencards to immigrants, and since the USCIS has not done it's job according to the law, it should ask the House and Senate to recapture these VISA to be able to correct the missmanagement in that department.

 
At April 12, 2010 at 8:48:00 AM EDT , Anonymous Anonymous said...

This is from NY Times's article.(2007)

Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency’s ombudsman.

Please let us know how we can approach the Government or any angency to recover these. Pls adivce.

 
At April 12, 2010 at 9:51:00 AM EDT , Anonymous Anonymous said...

To the Tea party guy above.

EB visa is specialized category again, we are all expereinced in India, here you are saying all the mason, road contractors and people working to build big cement palaces, want to earn the money and do the job of Engineers, that is stupid. ask your politicans to stop outsourcing all your economic problems will be solved. don't blame 0.5 % minority Brainy guys for your politicians problems. Again and Again I will say and I have the right as a tax peyer that, American jobs are taken by multinational corporations, and Tea party is real stupid.

Make all the EB visa categories current as soon as possible, do not make other people life miserable

 
At April 12, 2010 at 10:06:00 AM EDT , Anonymous Robert Rogers said...

Thanks for the update about the duties and responsibilities of the various organizations related to immigration.

 
At April 12, 2010 at 11:50:00 AM EDT , Anonymous Anonymous said...

This is from the Oh law firm site

http://www,immigration-law.com

It is Ripe for the New USCIS Leadership to Schedule an Engagement Session to Hear and Consider "Administrative Fixes" of Broken Immigration System

Comprehensive immigration reform proposals have repeatedly been knocked down in the Congress during the past few years. As we reported earlier, the Bush Administration, under the circumstances, worked out twenty-some administrative fix agenda and implemented a few. The country faced a different environment with the start of the new nation's political leadership, President Obama, who pledged to achieve CIR in his first-year of leadership. As things has turned out, not necessarily caused by the President himself, events have developed changing political landscape since the last election which have pushed off the CIR because of the emerging hot eocnomical and political environment. Under the circumstances, it is this reporter's humble opinion that the Obama Administration has waited long enough not to seek administrative fixes of broken immigration system with their initial hope of legislative fix (CIR) by the Congress. The reality is that the hope is faint. Under the circumstances, it is now time for the Obama Administration and the new USCIS leadership face challenges at the administrative level to fix the broken immigration system, albeit limited in scope. The country is seeking their leadership, wisdom, and courage to see and face the reality, and lead this issue which can no longer be pushed off.
As a starting point, we urge the USCIS to hear opinions and voices from the public by scheduling listening session of "engagement" as soon as possible. The inputs from the stakeholders including AILA will be particularly helpful in developing administrative fix proposals in collaboration with the stakeholders. Madam Napolitano and Mr. Mayorkas, the time is ripe. Otherwise, the heat may explode politically as well as otherwise. Surely enought, the CIR should be an ultimate answer, but when the circumstances turn the answer away from the reality, your leadership must show the wisdom of dealing reality and ailing issues through alternative actions which are within your authority and discretion.

 
At April 12, 2010 at 11:59:00 AM EDT , Anonymous Anonymous said...

Almost everyone that has been posting comments on this blog have been whining about recapturing visa numbers. What good is that going to do?
If the reasons for not using up the visas in the first place are not addressed, what does it matter if we have more visa numbers in the pool? It will just end up with more visa numbers wasted (if the visa recapture also has the same time-limit).

And then think again. What government agency is going to disclose its problems/inefficiencies and invite trouble for itself? As long as Congress (or whatever legal body has the authority over USCIS) does not take USCIS to task and demand transparency and what not, then USCIS can just go along the way it has been for all these years.
If there is no accountability, what incentive does USCIS have to improve its processes?

If you "follow the money", those of us stuck in "immigration limbo" are like subscribers to a cable company that has monopoly over your area. Our only choice is to put-up and shut-up or cancel our subscription.

 
At April 12, 2010 at 1:40:00 PM EDT , Anonymous Anonymous said...

Since this blog Becon is started, there are few blog posts from USCIS directly addressing the EB backlog issue.

But there is NO SINGLE word about the USCIS adminstrative fixes that are possible.

I request you to answer:
1) Is the USCIS person writing in this blog does not know about the adminstrative fixes? or
2) USCIS does not want to talk about the adminstrative fixes?

Transperency, anyone?

 
At April 12, 2010 at 4:30:00 PM EDT , Anonymous Anonymous said...

Could you make provision so that people can see if they name check is done, and if they are pre-adjudicated on the website?

 
At April 13, 2010 at 12:24:00 AM EDT , Anonymous Anonymous said...

Will USCIS bring any Administrative changes so that people like me in the EB3 backlog hell will get our Green card in the near future?

We the EB3 people did the right thing and end up in this backlog hole. We are ready to pay any fine for doing the right thing.

We pary to god to change your mind.

 
At April 13, 2010 at 9:09:00 AM EDT , Anonymous Anonymous said...

Current inertia in US immigration policy is making US inaccessible for those who are capable and willing to do long term creative business here and grow economy in and around US. If US immigration was as easy as getting a plane ticket and flying around, then the tendency of intelligent people will be to export whatever good things they have elsewhere and try to bring it into US in order make more profit. In short, help US stay ahead of rest of the world in pretty much all areas that matters to modern civilization.

Instead, US immigration today is perceived as a costly affair. Young graduates have to spend a decade or two just to get their Legal Permanent Residence, then worry about getting a house, save something and then finally think creatively about growing new businesses and adding value to the economy. In short, its perceived as not being worth it. Now this problem is most acute for China / India (two leading competitors in areas where US was a leader not so long back). For rest of the world, it appears like immigration is slightly better with dates being current most of the time in Employment Based Green Card at least. But in those countries, there are not that many people with technical skills who wish to immigrate to US and add value. Their numbers is insignificant for large scale transformation. We may have one Steve Jobs but there are several Vinod Khosla's.

In short, the inability of skilled immigrants from India and China to come over to US and add value means they stay back and try to use their energies in their home countries. Result is that growth engine - its center of gravity - is slowly shifting away from US to rest of the world. Another 5-15 years the changes will have such a marked difference that coming long term to US could cease to be a compelling reason.


Putting all these together, its clear that US immigration has reached some sort of critical path or will reach in next few years. Once the perception in China / India changes, the flow will reduce but so will the business momentum, new research and growth opportunities. Once the key attractive things that made USA a top destination starts to happen in India / China, then other countries will be hard pressed to stay equally attractive. Look at EU. How many people feel like immigrating from developed parts of EU to US ? The numbers are hardly comparable to India / China.

Future modern power lies in size of the market and capacity of consumers to absorb - the kind of capacity shown by US in 1980s that made the revolution happen in IT sector. If US yields that position to other low cost economies with certain advantages, even a very free immigration policy will not help. Only low skilled people will flock into US in that case. The skilled ones will choose to stay back due to the same reason

 
At April 13, 2010 at 2:04:00 PM EDT , Anonymous JoeF said...

"As long as Congress (or whatever legal body has the authority over USCIS) does not take USCIS to task and demand transparency and what not, then USCIS can just go along the way it has been for all these years."

As somebody who has gone through the whole process from H-1B to citizenship, it is obvious to me that CIS is broken and has been broken since the 90ies.
The lack of proper oversight from Congress has been a major reason for that.

As far as the EB3 backlog is concerned, that really was foreseeable. The H-1B quota was raised to 195,000 in the late 1990s, and Congress should have known that this will result in more GC applications down the road. So, while CIS is to blame for wasting visa numbers, Congress also is to blame for not wanting to deal with a problem that at that time was a few years down the road, and let CIS take the heat.
That's yet another reason why the CIR is important. Piecemeal legislation results in unintended consequences like the EB3 backlog.

 
At April 13, 2010 at 2:30:00 PM EDT , Anonymous Anonymous said...

Think about a scenario:

There is a company with 500mil turnover. The company is private company and sell some products. The company has very little issue on its inventory management. It really doesn't keep track of how many goods are there in warehouse ready to dispatch.

IRS comes to know and regulators will immediately start sending notice to the company. How bad is the company that they even don't know how much inventory they have. Too bad. The company fails next year too! Now IRS impose penalty and on third year, the CEO of company is jailed.

Just a story. Please don't mix with USCIS not keeping its inventory and mismanagement. Its sheer co-incidence.

 
At April 13, 2010 at 6:00:00 PM EDT , Anonymous Anonymous said...

I think the leftover Visas should give to the Families of Americans. My mother petitioned my brother ten years ago when she was a Permanent Resident and she become an American citizen but she died before the case was approved and the petition was revoked and I tried to continue was I was denied. I petition my brother and this will take many years.. I DO NOT WANT THOSE VISAS TO GO TO EMPLOYMENT BASE GREEN CARD...BECAUSE I AM REQUESTING MY BROTHER AND I THINK HE IS WELL EDUCATED PERSON AND MY MOTHER AND FATHER LIVED IN UNITED STATES AND THE WANTED ALL OF US TO LIVE IN THIS WONDERFUL COUNTRY

 
At April 14, 2010 at 1:06:00 AM EDT , Anonymous Anonymous said...

Dear USCIS - My 2 cents:
Dont say what you cannot do.. think what you can do.
At the end of what you do and what you cannot do are thousands of silent sufferers.
Hope you will take this in positive spirit.
Please use your power to do something.

 
At April 14, 2010 at 10:59:00 AM EDT , Anonymous Anonymous said...

"I DO NOT WANT THOSE VISAS TO GO TO EMPLOYMENT BASE GREEN CARD...BECAUSE I AM REQUESTING MY BROTHER AND I THINK HE IS WELL EDUCATED PERSON"

First, your brother has its own category, has nothing to do with employment based visa.

Second, while you THINK your brother is educated, we, the employment based petitioners ARE in fact well educated, we have H1Bs, J1s and I-140s that are proof of our capabilities.

And FYI, I'm EB3 with an AMERICAN sister, and I'm not waiting for her to ask me. I was able to prove myself worthy.

 
At April 14, 2010 at 12:34:00 PM EDT , Anonymous Anonymous said...

Family Based visas should be reduced to the parents and spouses and childfen not for Brothers and sisters that is the reason Employment Bases people waiting in USA for a long time. Family based family re-union is required but not for siblings. That is real foolishness. Employment Based Visas especially EB3-India should be given number one priority because we are all waiting more than 10 to 14 years paying the tax.

 
At April 14, 2010 at 3:34:00 PM EDT , Anonymous Anonymous said...

Dear Team @ USCIS,
Pls don't consider the dependents for the visa numbers. There is a huge backlog and this is a simple change you can do to help the people.

 
At April 14, 2010 at 4:12:00 PM EDT , Anonymous Srinivas Raj said...

Please provide an easy way to convert from EB3 to EB2. We do not want to start a new application and wait for another 3-4 years in processing delays. We are here waiting legally for about 10 years. Based on the current backlog some people have to wait another 20 years to get their Green Card. I hope you do not need any change in law to provide this provision.

 
At April 14, 2010 at 4:18:00 PM EDT , Anonymous Anonymous said...

When USCIS is going to make an adminstrative rule change to help the people who are stuck in the EB backlog?

 
At April 15, 2010 at 7:36:00 AM EDT , Anonymous Anonymous said...

Please consider people who are already here and contributing to America's core engine growth. We EB category people are waiting without any foot hold in this society for more than 10 years.

Please give some thinking process:

1) Do you want to add more valuable asset to this country or liability to this country? I believe EB category folks are really valuable asset to this American economy and society. Don't you agree?

2) You have Lottery visa program to attract and sustain multiple ethnic background in American society. But, why do you have discrimination in EB category visas by having country limit. Here you will say congress is the one implemented the law. But, I am sure, any immigration law's proposed they refer to all sub-committee's. You have power and have a say on the REAL impact, pros and cons of controlling EB category based on country limit.

3) You are saying it takes longer time to process AOS application. Why are you not accepting applicant to file AOS who have approved I-140? By doing this, you will get plenty of time to process the application until the visa number is freed up or available. Isn't it logical and can be implemented without congress law?

4) I read through all the old immigration laws. I couldn't see anywhere mentioned to count all primary applicant dependents to visa numbers. If you understand it differently, please try to explain us why this can't me removed. This will solve many of our problems in visa availability.

5) This is recession time, and if you think, people once they got their green card, would become eligible for unemployment benefits like citizens. Why don't you recommend it to congress, not to give any unemployment benefits to green card people and is available only to Citizens. This will give some relief to all the states from budget constraint.

Can you bring all the brains of your team in one room and make efficient and easy work for everyone.

 
At April 15, 2010 at 1:22:00 PM EDT , Anonymous Anonymous said...

Will you please have a blog topic about what you can do and what you cannot do with the Adminstrative rule making process?

I like to know if you can help the EB3 backlogged (10 years) people with Adminstrative rule making process.

Thanks

 
At April 16, 2010 at 2:53:00 PM EDT , Anonymous Anonymous said...

Well, most everyone here is concerned with "me and my category" and offering solutions which are like patches to cover up the main problem. Why not see the broader picture, and try to aim for a complete overhaul and solution for most if not all?

Towards that end, a starting point would be accountability by USCIS, such that not a single visa gets "lost". Secondly ALL funds generated from teh fees paid by the beneficiaries and petitioners should be used for services for them only [and not for say "border control"].

Thirdly, a yellow card which is a combined EAD and travel permit valid for 3 years each time, should ease some of the suffering of people stuck in the backlog.

None of these 3 steps needs any Congressional intervention. It can be done by Administrative fixes and rules and policy changes by USCIS. Now the million dollar Q. here is will USCIS be willing to do this, given that the backlogged folks are a cash cow.

 
At April 16, 2010 at 5:04:00 PM EDT , Anonymous Anonymous said...

I am waiting in the EB3 backlog hole for the past 8 years and I am ready to pay $10,000 fee to USCIS to come out of the black hole.

All my applications are approved. All my background checks are complete. My labor certification was done nearly 7 years back. What else I need to do?

While we are stuck in a same job, some other categories like EB1 applicants are getting their green card in a matter of months. This is unfair. This is injustice. How can you close your eyes and pretend that everything is ok?

During this wait, we do not have the same freedom of work and travel as that of others who got their Green card.

1) Is this American way?
2) Will the American people agree to this kind of treatment?
3) Where is the Equal Employment oppurtunity concept?
4) Where is the level playing field?


USCIS has a powerful tool called Adminstrative rule making process. Using this tool, this unfairness can be removed.

If you agree this is unfair, what would you do if this happens to your family and friends?

Please do that.

 
At April 19, 2010 at 4:00:00 PM EDT , Blogger mkpadhi said...

I am not sure, whether this is the right place to ask this question to USCIS director.

measles, rubella, mumps shots are part of the mandatory Vaccination Requirements before filing I-485

Also, it is strongly believed by parents of Autism kids that - this shot causes Autism. And they skip this shot for their next subsequent kids.

The doctor community keep saying that - there is no link between measles, rubella, mumps and Autism.
But, the parents, whose kids went through the unfortunate transition from talking kid to non-talking autism kid - can never trust these doctors.

Under these circumstances, shouldn't the USCIS consider to waive the measles, rubella, mumps shots for the parents and siblings of Autism kids ?

I would request the USCIS director to consider this scenario because if the Autism is a genetic disorder, it is a possibility that the parents and siblings might develop Autism after the MMR shots and the family will be devastated just for the sake of a US Green card.

 
At April 23, 2010 at 5:25:00 PM EDT , Anonymous Anonymous said...

check this survey by USCIS:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44ab1ff1097f7210VgnVCM100000082ca60aRCRD&vgnextchannel=7dab1c7dcb507210VgnVCM100000082ca60aRCRD

 
At April 23, 2010 at 6:20:00 PM EDT , Anonymous JoeF said...

@mkpadhi:

The study that claimed to have found a connection between vaccinations and autism has been retracted:
http://www.cnn.com/2010/HEALTH/02/02/lancet.retraction.autism/index.html
The people who say there is a connection are unscientific scaremongers.
And parents who don't vaccinate their children are acting irresponsibly. They not only endanger their children, but other children as well who come in contact with their children.

 
At April 29, 2010 at 5:54:00 PM EDT , Blogger KU said...

I can understand that the USCIS is trying to do their job better. Sometimes, things just can go smothy. I filed an petition on April 1, and they haven't cash the check for the filing fee yet on April 29! and I hear nothing from the USCIS! I called them, they told me that I should keep waiting and nothing she can do for me. What am I supposed to do if my petition was lost? No record at all! I can't even be sure that my petition was lost!!!

 
At May 3, 2010 at 10:23:00 AM EDT , Anonymous Anonymous said...

Thanks for the blog. My comment is related to spouse of permanent resident in the US.
I'm a GC holder and not able to get my wife a visa to come and live with me here in the US. There is no provision in the current law to get my wife a dependent visa. I have to wait until she gets her green card, which might take another 10 to 15 years. Is it possible to make a provision to get a dependent visa for GC holder? There is a provision for H1 b visa and US citizen, but not for GC.
Thanks

 
At May 3, 2010 at 7:31:00 PM EDT , Anonymous Anonymous said...

I applied for Citizenship on 07/02/09 and now its May 2010, roughly almost 10 months. According to the website Atlanta office is working on these application within 5 months. I contacted 1800 number and they sent me a letter that "Officer is waiting for information concerning this case".
Who I need to contact and is there someone who can give me a clear answer? I been to local office using "Infopass" twice but no help either.

 
At May 3, 2010 at 9:39:00 PM EDT , Anonymous JoeF said...

"There is no provision in the current law to get my wife a dependent visa. I have to wait until she gets her green card"

There actually was a special visa, the V visa, for spouses of Permanent Residents, so that they could be in the US while waiting for their Greencards.
That visa expired in the early 2000s, and Congress did not extend it.
I don't think CIS can do anything about it, it is Congress who is to blame for this.
So, get on the phone with your local Congressperson, and ask them to support relief for spouses of Permanent Residents, to have that included in the CIR.

 
At May 5, 2010 at 8:27:00 AM EDT , Anonymous Anonymous said...

Thanks Joe! So in the CIR relief for spouses of PR is not included?

 
At May 12, 2010 at 10:15:00 PM EDT , Anonymous Anonymous said...

Not true! By denying H1B to consulting companies you agressively misinterpret the law, and thus violate the law. Thanks to you, my company lost numerous opportunities already, my clients have not received so-needed experts whom you denied to bring to this country and the country lost numerous jobs because of you!!! Napolitano, Mayorkas, Aytes, as well as others at the top of this organization should be fired and forever forbidden to undertake any public job. Shame on you!

 
At May 17, 2010 at 8:49:00 AM EDT , Anonymous Dr. Paul Maas Risenhoover said...

When will USCIS issue a statement on the Ninth Circuit US Court of Appeals docketing of the action in Case No. 10-70464 USA ex rel Robin Hood v USDC Honolulu, CBP, ICE, USCIS, asking for the US to respect the constitutional and treaty rights of Filipinos to their 14th amendment American nationality and an individual determination of any purported expatriation under Rabang v Boyd, as well as to the suit's claims that the Chamorros and Carolinians are Indians pursuant to the law of war and Treaty of Peace with Japan (along with native Formosans), as well as Filipinos under the Spanish-American Treaty, and when will DHS begin according respect for alien's sixth amendment rights to counsel under Padilla v Kentucky in the deportation context, since if there is a right to effective assistance of counsel regarding the effects of a guilty plea as to deportability, it would surely be odd that the Court meant to exclude any right to counsel for the deportation process however styled as civil or sui generis, and given that the right to an impartial trial in the sixth amendment according to Blackstone means that aliens in the US have a common law right to a jury trial de medietate linguae, composed half of aliens half of denizens. As DHS has federal duties to protect the aliens in the US and apprise them of their rights under our Constitution, DHS should begin teaching the US defense counsel and aliens about their rights to an alien jury, perhaps USCIS and EOIR could begin by advising AILA and all counsel for aliens or authorized representatives before USCIS of these important constitutional rights of aliens to an impartial trial. Also does USCIS agree that Americans are citizens under the Fourteenth amendment, or do you all believe that only statutes can confer US citizenship? Does the Constitutional term "uniform rule of naturalization" refer to conferring US nationality or US citizenship? Why does DHS agree with DOI that prostitutes in the CNMI should be granted green cards under the CNRA, shouldn't the US Attorney and USCIS and ICE and CBP in the CNMI be processing them for thirteenth amendment relief under Kozminski v US principles or for international trafficking victims visas relief? Does DHS agree that Filipino Americans who were American nationals before Philippine independence have an inalienable right of expatriation to choose to retain their US nationality? Does DHS agree that Chamorros and Carolinians are Indians? Does DHS agree that absent statutory naturalization, American Indians are not born subject to the jurisdiction of the US for purposes of 14th amendment citizenship by nativity in the US? Does DHA agree that because of the equal protection clause of the 14th amendment, children of US moms, such as Obama, are natural born citizens, regardless where born, on equal constitutional footing to children of US citizen fathers? Does DHS agree that Obama is therefore a natural born citizen, no matter where he was born, just as John McCain?

 
At May 24, 2010 at 8:13:00 PM EDT , Anonymous JoeF said...

@May 5, 2010 8:27:00 AM EDT , Anonymous

"Thanks Joe! So in the CIR relief for spouses of PR is not included?"

I think it is, but it is always important to prevent things from getting cut out. The more Congresspeople know about the plight of spouses of LPRs, the better.

 
At June 18, 2010 at 11:26:00 PM EDT , Anonymous Anonymous said...

I am very pleased of the USCIS creation of this blog.
As a USC who have liven in the US for almost 50 years and who has worked in the immigration field with non profits, I can tell you that plenty is wrong with our present system.
The USCIS need some GOOD trained employees. I know there are many, however, there are many more unqualified processors. When someone needs to send the same set of documents several times to have a petition processed, something is wrong at your end.
I do not want to think this problem comes only from prejudiced employees (whose salaries are paid with OUR taxes), but from improperly trained agents. It is a shame that the country I love, has lower their standards so much.. Some attention needs to come from the top agency who oversees the USCIS or the Head of this post. Most applicants are decent, law abiding citizens who want to live in this great country, and contribute, but some overzealous adjudicators, think nothing of stumping the rights of applicants because they either do not understand the guidelines of adjudication, or they simply choose to stump on this applicant's rights. Bring accountability and professionalism back to the USCIS. We certainly need it. Thank you.

 
At June 22, 2010 at 1:34:00 PM EDT , Anonymous Anonymous said...

If you know someone is trying to get a green card and they are doing it with a false marriage, how do you report this to proper authorities.

 
At July 20, 2010 at 9:34:00 PM EDT , Anonymous Anonymous said...

My issues with USCIS

1. Made the last 400 days of my life a waiting hell not knowing if I will be able to live with my wife and daughter

2. Cost me in excess of $2000 of fees

3. The waitng has caused my wife and I to have panic attacks and stress related illnesses

4. At the interview there were no greetings, ice breakers, I was shouted at, my wife was told she could not speak freely, we were treated guilty until presumed innocent, we were not asked the appropriate questions to ascertain a genuine marriage, instead the IO was trying to find faults with everything despite a wealth of evidence.

5.Misinformed that we would receive a decision in 2 weeks when in reality it was over 6 months.

6.I called the service center which is a total waste of time, I can get more sense from a speak and spell than a customer service rep. Totally unhelpful, each time I would be told I would be updated I would receive copy and paste text book response.

7.Travelled over 200 miles to the service center for an infopass only to be told case is pending, I knew it had been pending for 5 months-tell me something new. Then told we would have a 2nd interview which never happened.

8. Received a notice of intent to deny which we believe is due to the total incompetency of the IO. Was given 30 days to appeal, I sent the appeal package in 10 days. 3 months down the line the Senators office enquired and USCIS told them its been in a drawer for the entire time, untouched.

During which I was awaiting an answer expecting to get a fast response and would come before having to renew my EAD card, I still do not have an answer and had send off the I765 with 60 days of expiring, not the full 90 days, which means I may have to resign from my job and losing the house we are about to move into.

The whole green card process has left a sour taste in my mouth. My fellow American friends cannot believe the ordeal we have been through. My wife and I are not rich celebrities or Arabs who are into property development, were just good people that pay our taxes.

Complaining to the USCIS ombudsman would be green card suicide, my advice to anyone beginning the green card process is to save up lots of money for a good immigration attorney.

Despite the power USCIS welds over the lives of millions of people they can never take away the LOVE my wife and I have for each other.

 
At August 26, 2010 at 4:29:00 PM EDT , Anonymous Anonymous said...

guys- come on-
Let us get our act together. We're making changes. Doesn't anyone realize the time, commitment, dedication and huge effort it takes to move a huge bureaucracy to change? This can’t happen over night- we’re talking years. Yes I know that doesn’t help you folks who want immediate results, but honestly, imagine how far your organization would get if your boss changes every four years and the new boss totally rearranges everything and starts from scratch with a new vision.

 
At September 20, 2010 at 8:08:00 PM EDT , Anonymous Anonymous said...

At July 20, 2010 9:34:00 PM EDT

I can relate with this post. Most of the issues applied to my case. Very well put!

 
At December 15, 2010 at 12:19:00 AM EST , Anonymous Anonymous said...

What happened when USCIS put a green card application on hold because according to them, an applicant who is an asylee is categorized in Section 212 (a)(3)(B) of the INA? This horrible section referres to people who are involved in terrorist activities and who are wrongfully accused with no proof of evidence by USCIS.
Is it fair to deliver a Green Card to such immigrants once they are finally clear without granting them the full credit of the lenght of time that USCIS wasted in the process of their applications? It is chocking because It really looks like USCIS if currently betraying the first commitmment of the United States of America. It also looks like USCIS who is supposed to be the first and best advocate for refugees and asylees is the best and the first one to undermine this category of powerless immigrants and to jeopardize their American Dream. Something needs to be done.

 
At July 31, 2011 at 12:50:00 AM EDT , Anonymous Seth Geeko said...

Trying to gain residency in the US is certainly not easy especially after September 11, but if it were a lot easier the people of America would be a lot less safe! There is differently a need to scrutinize each applicant for this very reason, someones got to make sure the wolves stay outside the door!

 
At May 7, 2012 at 12:39:00 PM EDT , Anonymous Anonymous said...

How do I report a fraud???false marriage..

 
At September 14, 2014 at 9:26:00 PM EDT , Anonymous Anonymous said...

What are the process or steps to report an immigration fraud? I know someone who is going to marry a relative just to stay in US?

 

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