Integrity Legal

This author has recently been informed that the United States Citizenship and Immigration Service (USCIS) is poised to conduct a thorough policy review which will delve into USCIS’s customer service procedures and look for ways to improve the US immigration system. As a first step, USCIS announced that a public survey would be conducted. Below are excerpts from a USCIS press release (distributed by the American Immigration Lawyers Association [AILA]), which outlines the purpose of the policy review and provides guidance regarding further methods of information gathering in an effort to improve USCIS customer service policies:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review.

Informed by the survey responses, the agency’s needs, and input from the workforce, the USCIS Policy Review will begin by examining policies in the following issue areas: National Customer Service Center; Nonimmigrant H-1B; Naturalization and Citizenship; Employment-based Adjustment of Status; Family-based Adjustment of Status; Employment-Based Preference Categories 1, 2 and 3; Refugee and Asylum Adjustment of Status; Form I-601; General Humanitarian; and Employment
Authorization and Travel Documents.

“As an agency, we must achieve consistency in the policies that guide us and in how we implement them for the public benefit,” said USCIS Director Alejandro Mayorkas. “To achieve that critical goal, we are partnering with the public in this major undertaking to review our adjudication and customer-service policies. We will work collaboratively toward the shared objectives of consistency, integrity, transparency and efficiency.”

In April 2010, USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. USCIS received approximately 5,600 survey responses from diverse stakeholders. Those results are now available, along with a summary developed by USCIS’s new Office of Performance and Quality.

Some have questioned the need for such a survey as there are those who feel that USCIS’s current policies do not need improvement. Clearly, this is not the official view of USCIS as can be evidenced by the following statement:

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

The press release went further than merely providing information regarding this important policy review. In an effort to provide the public with relevant information, the United States Citizenship and Immigration Service (USCIS) also provided a “Q & A” component to the recent press release. The following are questions and answers arising in connection with USCIS’s policy review initiative:

Questions and Answers

Q. What is the USCIS Policy Review?

A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?

A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.

Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?

A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?

A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.

Q. What happens to existing policies during the course of the Policy Review?

A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.

Q: What prompted the Policy Review?

A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.

Q. Has USCIS previously undertaken a comprehensive review of its policies?

A: No. The effort to undertake a top-to-bottom review of our adjudication and customer service policies is an unprecedented initiative for USCIS.

Q. How will USCIS seek the public’s input during the Policy Review?

A. In keeping with our commitments to customer service and transparency, USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the Policy Review. The survey was the first opportunity for stakeholders to participate. As we review policies in specific issue areas, we will offer a number of further opportunities for the public to offer input. For example, in some issue areas, we will conduct public meetings to solicit stakeholders’ views on specific policy matters. In many cases, we will also published drafts of new or revised policy memoranda on our website for public comment, now a regular step in USCIS’s policy development process.

Q. What did the survey ask?

A. The survey asked any interested member of the public, as well as the USCIS workforce, to help identify the issue areas that the agency should examine first. The survey also included comment sections.

Q. How many people responded to the survey?

A. Nearly 5,600 external stakeholders responded to the survey, representing current immigrant and nonimmigrant visa holders, employers, immigration attorneys and advocates, among others. Nearly 2,400 members of the workforce from USCIS offices worldwide also participated in the survey.

Q. How has USCIS used the survey results?

A. The survey results helped USCIS identify which issue areas to address first in its agency-wide review. USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to develop the initial list of issue areas for review.

Q. In addition to the survey, what progress has USCIS made in the Policy Review?

A. USCIS has assembled thousands of existing policy documents and categorized them into issue areas. USICS is now convening internal working groups to begin examining and evaluating the policy documents in the first 10 issue areas.

Q. What is the expected length and scope of the Policy Review?

A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.

At the time of this writing, there have been relatively few changes in the law regarding US Family Visas. Although administrative and regulatory changes have had a significant impact upon processing of the US Marriage Visa and the US fiance visa. That said, the recent fee increase for Consular Processing of the K1 visa (fiance visa) and the administrative closure of K3 Visa applications by the National Visa Center were promulgated by the Department of State (DOS) as there has been little recent change in the fee structure and administration of USCIS’s adjudication of family based visa petitions.

This author is of the opinion that this unprecedented policy review should be welcomed as it may herald further improvements to the American Immigration system and provide immigrants and Americans with better overall service. One must applaud USCIS for taking the initiative and promoting positive change.

For related information from the perspective of Southeast Asia please see: K1 Visa Thailand.

Tags: Administrative Closure, American Fiance Visa, American Immigration, American K1 Visa, American K3 Visa, American Marriage Visa, American State Department, American Visa, Department of State, DOS, K1 Visa, K1 Visa Thailand, K3 Visa, National Visa Center, United States Citizenship and Immigration Service, US Fiance Visa, US Immigration, us k1 visa, US K3 Visa, US Marriage Visa, USCIS, USCIS policy review
Posted in Department of Homeland Security, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

On this blog we often discuss issues associated with US passports and US Immigration. Recently, this author discovered that the Department of State (DOS) is seeking comments regarding a proposed rule change which would alter the way in which DOS collects information prior to American passport issuance. The following excerpts are taken from the American Immigration Lawyers Association (AILA) website. To quote one page from the AILA website:

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995….

Abstract of proposed collection:

The information collected on the DS-3053 is used to facilitate the issuance of passports to U.S. citizens and nationals under the age of 16. The primary purpose of soliciting the information is to ensure that both parents and/or all guardians consent to the issuance of a passport to a minor under age 16, except where one parent has sole custody or there are exigent or special family circumstances.

Methodology:

Passport Services collects information from U.S. citizens and non- citizen nationals when they complete and submit the Statement of Consent or Special Circumstances: Issuance of a Passport to a Minor under Age 16. Passport applicants can either download the DS-3053 from the Internet or obtain one from an Acceptance Facility/Passport Agency. The form must be completed, signed, and submitted along with the applicant’s DS-11, Application for a U.S. Passport…

Clearly the Department of State wishes to use the DS-3053 in order to collect what they deem to be the necessary information before issuing a passport to a minor child. The public policy reasons for this change of rules is somewhat obvious as the Department is likely concerned about improper issuance of a US passport to minor.

To quote another page on the AILA website:

60-Day Notice of Proposed Information Collection: Form DS-5504, Application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement, OMB Control Number 1405-0160…

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995…

We are soliciting public comments to permit the Department to:

Evaluate whether the proposed information collection is necessary for the proper performance of our functions…

The information collected on the DS-5504 is used to facilitate the re-issuance of passports to U.S. citizens and nationals when (a) the passport holder’s name has changed within the first year of the issuance of the passport; (b) the passport holder needs correction of descriptive information on the data page of the passport; or (c) the passport holder wishes to obtain a fully valid passport after obtaining a full-fee passport with a limited validity of two years or less. The primary purpose of soliciting the information is to establish citizenship, identity, and entitlement of the applicant to the U.S. passport or related service, and to properly administer and enforce the laws pertaining to the issuance thereof…

In this instance, it would seem that the Department of State is primarily concerned with collecting necessary data so as to issue US passports only to those individuals who are legally entitled to such travel documents. US Citizenship has many benefits that are not accorded to Non-US Citizens. Therefore, those issuing US passports must take appropriate measures to ensure that US passports are not issued to individuals who are not legally entitled to such status. With laws such as the Child Citizenship Act, these measures are likely to become more necessary as individuals are deriving their US Citizenship in different way compared to Americans in previous generations.

For those interested in obtaining a US Passport in Thailand or information about visa services please see: American Citizen Services or US Embassy Thailand.

Tags: American Citizen Services, American State Department, Child Citizenship Act, Department of State, DOS, DS-3053, DS-5504, State Department, us embassy thailand, US Immigration, us passport, US passports, US State Department
Posted in Extradition, Upcoming Legislation, US Citizenship, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Bangladesh, US Embassy Burma, US Embassy Cambodia, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Warrants | No Comments »

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There are essentially three government agencies that have a hand in the US Visa process: the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the United States Department of State (the Department with jurisdiction over the US Embassies, Consulates, and Diplomatic Posts abroad). Of these three agencies, USCIS has the case in its possession for the longest period of time because the petition must be initially adjudicated by their officers.

Within the USCIS administrative structure there are two service centers that handle the adjudication of the K1 visa application and K3 visa application for fiancees of United States Citizens (in both cases, the actual application form is called the I-129f). The Services Centers are located in California and Vermont, respectively. They each have their own unique jurisdiction depending upon the residence of the petitioner.

Within the past few days, the USCIS service center in California issued a revised estimate regarding how long it is taking for adjudication of K-1 visa applications and K-3 visa applications. They are now estimating that it will take 5 months for the average visa petition to be adjudicated. This is compared to the previous estimate of 6 months.

As I have explained on this blog and to people in the past. This estimate tends to be quite conservative as we tend to see these petitions adjudicated by USCIS in a much more timely manner than this. That being siad, the prospective immigrant or sponsor should be aware that the petition must also pass through the National Visa Center (which generally processes I-129f petitions faster than Immigrant Visa petitions) and the US Embassy Bangkok.

K3 visas a re also different because one needs to take into account the underlying I-130 petition that acts as the foundation for the supplemental I-129f petition that garners an expedited visa.

At the back of everyone’s mind should be the idea that all time frames for visa obtainment are estimates only as many factors can be at play when a visa application is processing. The best advice is to plan for the worst, but hope for the best. It has been our experience that the US Embassy in Thailand works in a very efficient manner in an effort to get petitions adjudicated quickly. The USCIS service centers are generally the “bottleneck” where visa applications can get delayed.

(No aspect of this piece should be construed as legal advice because this post is written for educational and informational purposes only. No attorney-client relationship should be construed to exist between the author and reader of this post.)

Tags: American Visa Thailand, Department of State, K1 visa processing time, K1 Visa Thailand, K3 Visa processing time, K3 Visa Thailand, National Visa Center, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »