I am sure that most of you know by now the inordinate processing delays and Request for Evidences in almost every case, no matter what evidence we give the CIS initially. Citizenship and Immigration Service has distanced themselves from us Immigration Attorneys, and is no longer talking to American Immigration Lawyer’s Association. It has also changed its infopass system, so members of the public cannot go and ask questions.
The other thing that Citizenship and Immigration Service is doing is arbitrary denials. There is no uniformity or accountability and each officer is left to deny cases as they please.
These delays and arbitrary denials are causing needless hardship for Immigrants.
The Administrative Appeals Office, which is supposed to be a non partisan agency, who is supposed to be reviewing the case like new (ie without Citizenship and Immigration Service’s interpretation) has now rubber stamped the agency’s decision 100% of the time for the past 2.5 years.
So our ONLY remedy is to go to federal courts. Mandamus the Citizenship and Immigration Service to act, or appeal to federal courts for Citizenship and Immigration Service’s arbitrary decisions. But those of us who live in red states would probably not get a fair trial, unless we file in DC, who has jurisdiction, because that is where Citizenship and Immigration Service is located. That is of course an added time and travel expense. Especially Business Immigration, because private companies don’t work at the speed of Government.
The Citizenship and Immigration Service had always given the excuse that the delay was due to the number of petitions filed. Yet, when they published their report, it showed that there was a 13% reduction of applications filed. Simultaneously, the processing times increased by 8%.
With this knowledge in hand, the American Immigration Lawyer’s Association testified to the Congressional Immigration Committee on July 16, 2019. This is a bi partisan committee. Sharvari Dalal-Dheini, AILA Director of Government Relations, noted, “It is not hyperbole to say that the consequences of these delays are dire. In recent months, dozens of Republican and Democratic leaders in the House and Senate have demanded that USCIS address what are unacceptable low performance measures. We greatly appreciate the work the Committee is now doing to hold the agency accountable for its failure to administer immigration benefits, as Congress mandated. AILA’s more than 15,000 members have been urging USCIS to address these delays for years, only to see them worsen. Today’s hearing is vitally important, but Congress should also pass legislation to ensure greater transparency and accountability within USCIS going forward. These failures harm our economy, American businesses, families and communities. America deserves a strong, effective legal immigration system to keep businesses competitive and our families and communities prospering.”
Yesterday Forbes reported that Rep. Zoe Lofgren (D-CA) asked the Citizenship and Immigration Service about the delays and denials. USCIS Associate Director for Service Center Operations Donald Neufeld said, “I can tell you that a number of changes have been made affecting H-1B processing over the last couple of years”—-thereby admitting that changes made were a result of this administration.
I do not know if anything will change under this administration. I know I have been slower to respond to clients. But it is virtually impossible to get back to everyone at the rate we used to in 2015, because we now live in a world where Immigrants are told to go back to where they came from, even at the very top of our administration and useless Request for Evidences are the rule rather than the exception of the day. We know you are anxious. We are too. But rest assured we will fight for you as best as we can.