News Update - October 13, 2007

By Alan Lee, Esq.

USCIS Backlogged in Entering Cases and Processing Fees After Rush of Cases Due to Fee Increases

A rationale for the recent large fee increases for many applications was that the funds would pay for handling and adjudication of the petitions and applications. The USCIS has advised customers that it is behind in entering cases into the case tracking system as well as in issuing receipts for cases, leaving many to wonder what has become of their filings and to seek out cancelled checks for clues to their case numbers. The USCIS states that it may take up to 12 weeks to receive a receipt notice (form I-797) for adjustment of status applications, and 15 weeks to receive a receipt for naturalization filings and other applications. Delays of three to four weeks persist before the cases appear on the USCIS online website. The USCIS cited as a cause of delay “the tremendous increase in the number of applications filed.” Those needing to travel will likely have trouble in the absence of proper travel documents. USCIS anticipates completing the receipting of I-131 travel documents by the end of October 2007. Those with special circumstances are urged to make infopass appointments at their local offices for advance parole. Time will tell whether the fee increases will translate to greater service or at least maintain the level of service provided. The current handling of the situation is to say the least unimpressive.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2007 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
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