Tag: American Immigration Lawyers Association

Categories
Updates

U.S. Embassy Updates: Resolving Backlogs

U.S. Embassy Updates: Resolving Backlogs
Share this:

If the National Visa Center (NVC) determines you have paid the necessary fees, submitted the required immigrant visa application, Affidavit of Support, and supporting documents to NVC, you will receive an email that your case is documentarily complete and NVC will work with the appropriate U.S. Embassy or Consulate to schedule an appointment for you. NVC cannot predict when your case will be scheduled for an interview.

The U.S. Embassy or Consulate General tells NVC what dates they are holding interviews, and NVC fills these appointments in a first-in, first-out manner. Please keep in mind, applicants in a numerically limited (preference) visa category can receive an appointment, their priority date must also be current.

Since March 2020, the COVID-19 pandemic has dramatically affected the Department of State’s (DOS) ability to process immigrant visa applications.  U.S. embassies and consulates are working to resume routine visa services on a location-by-location basis as expeditiously as possible in a safe manner. Visa applicants waiting to be interviewed on their applications have been waiting longer despite the fact that they have been documentarily qualified. The reason for the delay of 1 -2 years before an interview is scheduled is the number of visa applicants that have been pending.

For the month of February 2022, the NVC released the following figures to indicate the number of cases that are pending worldwide:

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of January 31

464,120
Number of documentarily complete IV applicants scheduled for February 2022 interview appointments

27,454
Number of eligible IV applicants still pending the scheduling of an interview after February 2022 appointment scheduling was completed

436,666

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

A documentarily complete visa applicant will receive an update from the NVC every 60 days to make sure that the visa applicant is on the queue for a visa interview.

In a recent meeting of the American Immigration Lawyers Association with the DOS, one of the measures being taken to resolve the backlog is for the government to hire more consular officers. According to the State Department, Consular Affairs is working with the State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Hopefully, increased in consular officers will eventually reduce the backlog and interview dates for documentarily qualified visa applicants will be scheduled sooner.

Categories
Updates

Trump’s “No Insurance, No Green Card” Rule Now Revoked by Biden

Share this:

Under the Trump Proclamation 9945 announced in October 2019, immigrant visa applicants had to prove they were covered by approved insurance, such as employer-sponsored plans, unsubsidized plans or family members’ plans, or “possess[ed] the financial resources” to pay for any reasonably foreseeable medical costs before they may granted their immigrant visas or green cards. Trump’s belief was that the cost of immigrant health care would be pushed onto American taxpayers and drive hospitals into insolvency.

The American Immigration Lawyers Association filed a lawsuit against the U.S. Department of Homeland Security, the U.S. Department of State and other federal agencies on behalf of a proposed class of affected individuals and the nonprofit Latino Network, claiming that Trump’s rule was unconstitutional and that the administration sidestepped a notice-and-comment period required under administrative law.

On May 14, 2021, President Biden issued a proclamation lifting former President Donald Trump’s Proclamation 9945 and said his administration can expand access to quality affordable health care without barring the entry of non-citizens who seek to immigrate lawfully but lack the means to pay for health plans. Biden revoked the rule saying that Trump’s policy was at odds with an executive order of his own from February aimed at “restoring faith” in the immigration system.

Categories
Updates

Why Is It Taking Too Long for USCIS to Adjudicate a Visa Petition/Application?

Share this:

The delay in the processing of visa benefits applications with the U.S. Citizenship and Immigration Services (USCIS) has reached a critical level that’s affecting U.S citizen families and employers filing visas on behalf of their relatives and employees, respectively. Last month, U.S. Congressional Representatives led by Rep. Jesus G. “Chuy” Garcia (D-IL) sent a letter to the USCIS Director Lee Francis Cissna demanding accountability on the current delays in the adjudication of visa petitions and other applications. What is causing the delay and what actions can we take to help address this issue?

Many years back, specifically in 2004, an applicant for naturalization will have to wait for 14 months before s/he is called for an interview. To address the increasing delay in the processing of applications, the USCIS created the “Backlog Elimination Program” with the purpose of working smarter and eliminating redundancies in the adjudications of visa petitions and applications. At that time the number of backlog of cases was approximately 1.7 million. After 2 years of implementing the Backlog Elimination Program, the processing time for naturalization applications was reduced from 14 months to 5 months. In fact, in an election year, such as in the year 2016, the naturalization applications were adjudicated in three months.

In 2017, there were changes in USCIS policies that resulted in processing delays. According to the U.S. Department of Homeland Security, there is now a net backlog exceeding 2.3 million in delayed cases. The study of the American Immigration Lawyers Association (AILA) indicates that number amounts to more than 100% increase over the span of one year. If an applicant for naturalization would notice now, there is an average of 10-19.5 months before the application is adjudicated. Other than naturalization applications, the other visa applications that are suffering from processing delays are the petitions for immediate relatives (I-130); applications for employment authorization (I-765) and applications for adjustment of status(I-485).

A spouse of a U.S. citizen applying for lawful permanent resident must now wait at least 17.5 months before the spouse is called for the interview on the I-130 and 485 application. An employment authorization document application is taking now at least 4 to 6 months if it is based on adjustment application. Other basis for applications for employment authorization now take anywhere from 6.5 to 8.5 months before being adjudicated and released.

While historically, staffing levels and volume of cases received at the USCIS are contributory to the delay, shift in policies being implemented by USCIS now have the same effect. DHS stated in its report to Congress in 2018 that “policy shifts” are factors influencing its diminished per hour case completion rate. One of the changes in policies are the elimination of the long standing deference policy which gives deference to prior determinations involving the same employer and same position. Now the USCIS is assessing and re-examining prior approved cases. Other policy changes are the (1)requirement for a domestic interview for employment-based petition; (2) adopting extreme vetting security protocols (even if existing screening measures are adequate) and (3) adding enforcement duties to USCIS officers under the new NTA policy where an adjudicating officer is required to issue Notices to Appear to individuals with denied petitions. Undeniably, diversion of resources from adjudication to enforcement could slow down case processing.

These delays had adversely affected applicants, their families and their employers – resulting in job losses, inability to travel internationally for important family and business events or simply the inability to obtain social security numbers and driver’s licenses.

USCIS is an agency created by Congress, hence, it is just appropriate that it remains accountable for the delays in adjudication. Affected U.S. citizen businesses and families and immigrant advocates must contact their congressional representatives and urge them to direct USCIS to focus on its service oriented purpose as an agency, create a backlog elimination program and remove enforcement functions to resolve this critical issue of adjudication delays.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com or facebook.com/tancincolaw, or through this website tancinco.weareph.com/old)

Categories
Global Pinoy

Know Your Rights in Case of ICE Arrest

Share this:

At the recently concluded American Immigration Lawyers Association conference held at New Orleans, representatives from the Immigration and Customs Enforcement indicated the lack of detention centers and beds. It was mentioned several times, that Trump’s policy on interior enforcement is being executed and they expect increase in apprehension.

If a non-U.S. citizen who is without legal status is arrested by ICE agent, what steps may be taken? What rights if any do they have at the time of arrest?

Below are the “Know Your Rights” information being disseminated by Immigration Legal Resource Center and certain non-profit organizations, which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.

You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.

The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.

It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.

There will be some documents that will be presented to you for signing after you are apprehended and taken into custody. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.

When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation. Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. During these challenging times, a legal advice from a professional immigration attorney becomes indispensable to figure out what legal options may still be available.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, facebook.com/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808.)