CIS Ombudsman’s Panel : AILA Annual Conference 2009
Posted Jun 19, 2009
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On June 4, 2009, during the 2009 AILA Annual Conference, the CIS Ombudsman’s office shared updates on efforts to improve U.S. Citizenship and Immigration Services (USCIS) procedures and accountability, and move toward uniformity in policy matters. The Ombudsman’s office was represented by Wendy Kamenshine, Acting Deputy Ombudsman at the CIS Ombudsman in Washington DC. Apparently, the USCIS has been participating in the Ombudsman’s monthly conference calls and utilizing the information and suggestions shared during those calls.
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Ms. Kamenshine suggested that individuals should use Form 7001 to notify the CIS Ombudsman of gross discrepancies in the application of USCIS policy, and in the implementation of policy in a manner that is inconsistent with USCIS policy guidance. This is important, as there are many matters in immigration law for which the USCIS has not issued regulations, but has published various policy memos.
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The CIS Ombudsman provided the following examples of items appropriate for the Ombudsman’s office.
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I-90 Receipt Notice Not Yet Obtained
The USCIS sometimes refuses to issue the I-551 "temporary evidence of permanent residence" stamp when a person has lost the green card and filed an I-90 to replace the card, but does not yet have the receipt notice. In an example the I-551 was stamped for one person who had a family emergency for travel up to 60 days. In most other cases it is difficult to obtain the temporary evidence of lawful permanent residence status based on a claim that the green card has been lost, if there is not evidence of filing the Form I-90 for a replacement card.
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USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman’s office needs to intervene in emergency cases, where time is of the essence.
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Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
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It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
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How CSPA Interprets Calculation of a Child’s Age
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Questions were raised by AILA members on the lack of clear guidance or regulations on the Child Status Protection Act (CSPA), which affects many families. Ms. Kamenshine will contact the USCIS to determine the policy guidance or regulation to address unclear CSPA concerns. This is particularly important, since many court cases have interpreted the CSPA as helping a child, and there is conflict between certain court cases and USCIS policy interpretations.
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Marriage Case Denials Due to Suspicions of Fraud
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The issue was raised that many marriage cases between U.S. citizens and foreign nationals are denied based on allegations of fraud without valid justification. When the USCIS denies such marriage-based cases on the basis of fraud, the CIS Ombudsman’s office then is willing to establish a protocol with regard to appropriate cases.
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We at the Murthy Law Firm have been successful in overcoming denials both by the USCIS and various consulates, when couples have contacted us after having filing a case, often on their own. Our attorneys analyze the case for the couple to identify problem areas and address those potential problems, submitting documents on the bona fides of the marriage. Though difficult, it is sometimes possible to obtain a reversal of the earlier denial by submitting information and documents clearly demonstrating the bona fide nature of the relationship.
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Conclusion
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For problems with the USCIS, one should file the Form 7001 with the CIS Ombudsman to have them investigate and attempt to resolve the matter with the USCIS. Although the Ombudsman's office cannot settle every situation, it brings significant problems and clear mistakes to the attention of the USCIS. There is some benefit in using the CIS Ombudsman. This option should be sought in certain instances of delayed or improper USCIS decisions.