2nd Letter to House Jud Cmte - I-130 delays by USCIS

[Hotter Otter 1,211]

Question, are we also going to be emailing this to: OLUInquiries@dhs.gov ?

We might as well, as the Ombudsman (I hate that word lol) deals with cases that are over the processing time and one of the concerns we are raising is the USCIS manipulation of that processing time, it's definitely related to their work.

[BOS_LHR 829]

I’ve been thinking about how to address comments on the latest iteration, so let me know what you guys think of the following suggestions.

• Kaylara, to your point about incorporating the bait-and-switch they pulled after our first letter, I think we could work that into paragraph 4. It would help drive home the “lack of transparency” claim. Tackling the broader pattern of behavior is probably a bit out of scope for this letter in my opinion, but it’s something I’d be happy to hack away at as a separate effort once the immediate situation is being addressed.

Example phrasing: If the 7.4 month processing time in Figure 2 is accurate, the field office processing time in Figure 3 should reflect an April date rather than February. Due to this inconsistency in data from USCIS, it is unclear what qualifies as being outside of processing time, and petitioners from March and April of 2013 are unable to open inquiries on their cases. It should also be noted that the current processing figures were altered immediately after my previous letter on the 19^th of November. The processing times as of September 30 previously were stated as xx.x* months and October 2, 2012, respectively. This demonstrates a flagrant manipulation of data. The lack of transparency in processing times is one of the ways USCIS is mistreating US citizens and their families and perpetually justifying backlogs.

*I think it was 11.-something months but I don’t recall the exact figure, this needs verifying.

• Salo&Romashka, there shouldn’t be a problem pulling the graph from USCIS. If we reference the letter you found, I think the best spot would be in paragraph 2.

Example phrasing: In their response, USCIS acknowledged the “…extended processing times for Form I-130, Petition for Alien Relative, filed by U.S. citizens for their eligible immediate relatives.” Unfortunately, their claim that “…USCIS has been focused on addressing delays in the processing of these Forms I-130 for several months” has no weight. As shown by the graphic below, USCIS shifted their focus to processing Deferred Action for Childhood Arrivals (DACA) requests in the US in August of 2012. A letter from the Committee on the Judiciary* dated August 7, 2012 identified the risks inherent in USCIS’ approach to handling DACA requests, with specific emphasis on the harm it may cause for US citizens petitioning for immediate relatives. This shows that USCIS was aware of the damage its actions would cause and chose not to take preemptive action that would mitigate the current backlog.

*Insert footnote reference for letter.

I think after the added text I would recommend a paragraph break before continuing on to discuss the specific processing figures.

• Hotter Otter, to your point about including a bit more detail about our overall wait, I think we could slip that into the final paragraph as a nice concluding thought.

Example phrasing: I request that the House Judiciary Committee pushes the USCIS to bring the processing timeline to 5 months or less by February 1, 2014, given that extended wait times at USCIS are only the beginning of a longer process which will keep families apart for substantially over a year. To meet the administration's goal of humanely reuniting families, these delays must be viewed in context of the broader visa application process, and the USCIS must be held accountable for its role in providing efficient, humane service for citizens and their immediate relatives.

[Sulaimon & Brandy 20]

We are in!!!!!!!! Lets continue our fight for faster wait times...

[Kaylara 814]

I'll see if I can get those dates for you, but with the changes you noted, I think it's awesome!

Btw, in the past 6 months, the processing time average was at various times: 16.6, 13, and 11.something if I remember correctly off the top of my head.

[BOS_LHR 829]

It has definitely jumped all over the place, which is why it's so hard to remember now It might have been an even 11 months prior to their little "adjustment." I'm trying to find a screen shot of the page to be absolutely sure, because I know it was posted somewhere on VJ, but the text posts I've found all say 11 months with no decimal.

Edited December 3, 2013 by BOS_LHR

[Blueberry Pancake 311]

It has definitely jumped all over the place, which is why it's so hard to remember now It might have been an even 11 months prior to their little "adjustment." I'm trying to find a screen shot of the page to be absolutely sure, because I know it was posted somewhere on VJ, but the text posts I've found all say 11 months with no decimal.

Yes, even 11. Found it : http://www.visajourney.com/forums/topic/458956-october-2013-i-130-filers/?p=6631398

[BOS_LHR 829]

Yes, even 11. Found it : http://www.visajourney.com/forums/topic/458956-october-2013-i-130-filers/?p=6631398

Shoot. That data is dated for Aug 31. Didn't it still say 11-something for Sep 30 when they first updated it?

Edit: Here we go! http://www.visajourney.com/forums/topic/429769-may-2013-i-130-filers/page-60#entry6657125 National average for September 30 was originally posted as 13 months before our email/fax blast.

Edited December 3, 2013 by BOS_LHR

[Blueberry Pancake 311]

Ah, sorry.. so tired haven't even noticed it said August...

So it was 16.6 in July, 11 in August, 13 in September and... 7.4 after our email blast? Hmmm.

[BOS_LHR 829]

Ok, I've made the latest round of edits in the document and cleaned it up for easier reading. Take a look and let's keep thinking about this!

[thedude6752000 360]

Please also CC Lou Dobbs:

http://en.wikipedia.org/wiki/Lou_Dobbs_Tonight

[Salo&Romashka 83]

The letter is taking shape well. If we could squeeze it in, I think we need to point out that by submitting our families to long waits they are denied the option of opening other visas. There is no chance my loved one can open a tourist visa to come for the holidays because we waiting on the pending petition.

There was a question about past numbers. Instead of looking through threads I want to remind everyone AILA keeps tracks of past processing tables. http://www.aila.org/content/default.aspx?bc=1016|8767|6741&utm_source=InfoNet&utm_medium=referral&utm_campaign=Homepage_ContentBlock

Their data goes back to 2002 for NBC if we wanted to compare historical wait times in another graphic. There is also saved processing tables for the other service centers.

The timing of last letter worked out well because we can point to the sudden change in reporting from the 18th to the 20th of last month.

Are we sure the letter led to action by anyone from the House Judiciary Committee? The wording suggests there was some action but I haven't seen it. There was an opportunity to discuss DACA in relation to legal immigration today in their meeting and I didn't see it. There was over 3 hours of statements, testimony, questions, and answers.

http://judiciary.house.gov/hearings/113th/hear_12032013.html

The closest thing I heard was Professor Turley's warnings about a 'fourth branch'

...our carefully constructed system of checks and balances is being negated by the rise of the sprawling departments and agencies that govern with increasing autonomy and decreasing transparency. p 6

With the expansion of the government has come a shift in the source of governing rules for society. Today, the vast majority of “laws” governing the United States are not passed by Congress but are issued as regulations, crafted largely by thousands of unnamed, unreachable bureaucrats. p 7

http://judiciary.house.gov/hearings/113th/12032013/120313%20Turley%20Testimony.pdf

[naam_2013 72]

BOS_LHR and everyone: Thanks for your hard work. The letter is looking very good.

[Hotter Otter 1,211]

It's looking good for sure well done everyone. I'm sat at Heathrow waiting for my flight to visit my wife and looking forward to us emailing it together. My suitcase has so many presents I feel like Santa but the only present we really want is our approval!

[Blueberry Pancake 311]

It's looking good for sure well done everyone. I'm sat at Heathrow waiting for my flight to visit my wife and looking forward to us emailing it together. My suitcase has so many presents I feel like Santa but the only present we really want is our approval!

Have a fantastic visit, Santa Hotter Otter! And smooth POE ..

[thedude6752000 360]

I still get Obama OFA emails on subjects such as immigration. One recent email listed "10 representatives who need to lead on immigration." Since these are Representatives that Obama wants to pass amnesty that will hurt us, let's let them know how they can really lead on immigration!

"

Gary Miller (CA-31)

Rep. Miller represents a district that voted for President Obama's agenda in 2012 -- we need him to listen to his constituents on immigration reform and convince House leaders to hold a vote.

Paul Cook (CA-08)
California's 8th district has a large Latino population -- a group disproportionally affected by the broken system. Rep. Cook knows his constituents are counting on him to support the fight for comprehensive immigration reform.

Blake Farenthold (TX-27)
Same goes for Rep. Farenthold -- he represents a strong and growing Latino population counting on him to help fix a deeply broken immigration system. That puts him in a fantastic position to lead on this issue. So far, he hasn't stepped up.

Lamar Smith (TX-21)
Rep. Smith is another classic case of needing a lawmaker to stand up for the people he represents in Washington. His district is home to a strong Latino population, a constituency who have been vocal in calling on Rep. Smith to take action.

Jon Runyan (NJ-03)
In 2012, Rep. Runyan's constituents voted for President Obama's agenda -- which includes a comprehensive approach to immigration reform. We're still waiting for him to lead on this issue.

Michael Grimm (NY-11)
Rep. Grimm is in the same situation -- he knows his district voted for an agenda in 2012 that includes comprehensive immigration reform. Now, it's a question of whether he'll do something about it.

Aaron Schock (IL-18)
Last summer, Rep. Schock came out in favor of an earned pathway to citizenship, a key component of comprehensive immigration reform. Now, we want him to take the next step and push House leaders to hold a vote on immigration reform.

"