Transparency and CIS Bureaucracy

[kumbahara 3]

Just last week was a post on the first annual meeting of CIS Ombudsman where a number of stakeholders - dignitaries from White House, USCIS, Ombudsman, DOS - even the much acclaimed Mr.Charlie Oppenheim attended and one of takeaway was "transparency".

While there is no end to the discussion on what fairness constitutes while processing immigrant F2A (Spouse of LPR)applications, one thing all stakeholders agree is transparency, or the current lack of it.

Why do I claim there is lack of transparency?

The DOS - Visa Office headed by Mr.Oppenheim releases the visa bulletin, based on the numerical limits prescribed by the INA laws and its amendments. It states for F2A, 75% is exempt from numerical limitation and thereafter 7% per country quotas should be followed. The attachment shows the statistics from the annual report of immigrant visas issued by consulates and USCIS for F2A. One thing to notice is an lopsided number reported for Mexico and Latin American countries to the tune of approx 60 -75% of the allotted 88000 visas year over year. All the same if you look the the subsequent pages, the low demand countries have < 1000 visas in the whole FY and more interestingly higher number of F3 and F4 visas. F3/F4 have lower amount of allocations in an FY and DOS justifies the spillover from F2A to F3 and F4 as consulates encountering "non qualified" applicants and hence cannot issue F2A (but shows increased demand in the visa bulletin though!) and hence the spillover to lower categories by INA laws.

Note: I don't have any objection to the number of visas issued in Latin American countries, except like other F2A people waiting in line want to make sure it is done so transparently. Pray tell, if other countries aren't able issue even 1000 visas with all interview appointments and scheduling for immediate relatives (which are not counted in numerical limits), Mexico can handle 40 times more visa interviews and adjudications?

Is there any transparent data released to back such claims? NO! While the DOS Visa Office claims, on a monthly basis they get the counts from different consulates and NVC to determine the demand, they NEVER release the MONTH by MONTH VISA ISSUANCE STATISTICS. If the mantra of CIS bureaucracy is transparency, why cant they release the supposed issuance/ demand statistics?

Also the last document in the attachment is the CIS Ombudsman report to congress in 2010 about the visa wastage in family based categories. With the aforesaid argument, no wonder there are constant visa wastages year over year and with all the beneficiaries and petitioners silent, no wonder the act keeps repeating year after year.

What can you do about it?

1. Contact CIS Ombudsman Office and send a letter demanding transparency and release of visa issuance statistics and the attachment with the reason why it is not transparent CIS Ombudsman acts as conduit for these CIS bureaucracies like USCIS, NVC, DOS officials. The lack of transparency should be a key issue because it simply doesnt allow a fair and transparent view of the system, which by the way Employment Based visas are released regularly.Below is the contact for CIS Ombudsman

Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Washington, DC 20528-1225

Tel: (202) 357-8100

Fax: (202) 357-0042

Email: cisombudsman@dhs.gov

Web: www.dhs.gov/cisombudsman

2. Contact the Congress and seek legislative changes that will aid more transparency, seek temporary relief for spouses to get visitor visas to special W visa as suggested by Congresswoman Zoe Lofgren in her proposed bill H.R. 3119 (http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.3119:). urge congressional members to pass the relief. Not that I am expecting that all requests would be answered, more importantly the blatant F2A non transparency issue will be atleast known so as to formulate a better system, for you, for me and for everyone who is a part of this journey.

Here are some congressional contacts and the draft if you want to send it

http://www.visajourney.com/forums/topic/328932-wake-up-f2a-fellow-members-and-send-this-draft/page__st__135__p__4944982#entry4944982

Finally, its upto each to derive the conclusion of what facts are available and how not acting not only affects you but are actually feeding or rewarding a system that collects fees on promise that affects your family lives, decisions and future. If you care about it, I ask each one to take time to understand and act on it.

F2AData.PDF

[RICARDO4EVA2 194]

Most will read the meeting notes and get confused. Instead of asking/instructing individuals to send single letters.. Why not DRAFT a petition... Have it signed and send it off

[kumbahara 3]

Most will read the meeting notes and get confused. Instead of asking/instructing individuals to send single letters.. Why not DRAFT a petition... Have it signed and send it off

Petitions are looked as canned spam mail IMHO. How much time will it take for petitioners to mail one piece of snail mail, for sure to atleast indicate enough reason than all going in as a petitioner, possibly marked spam and disregarded. If stakeholders are willing to wait years, wont sending a few piece of mail not help?

Also I havent taken time to research setting up petitions and one cannot email but select congressmen/women with that the petitioners belonging state/district.

[miraya 8]

Most will read the meeting notes and get confused. Instead of asking/instructing individuals to send single letters.. Why not DRAFT a petition... Have it signed and send it off

That seems to be an effective idea..Some one living in DC should also meet them and express our concerns..

[RICARDO4EVA2 194]

Petitions are looked as canned spam mail IMHO. How much time will it take for petitioners to mail one piece of snail mail, for sure to atleast indicate enough reason than all going in as a petitioner, possibly marked spam and disregarded. If stakeholders are willing to wait years, wont sending a few piece of mail not help?

Also I havent taken time to research setting up petitions and one cannot email but select congressmen/women with that the petitioners belonging state/district.

Being apart of immigration law.. I am saying to you now that the junk or individual mails are likely to be tossed... I'm sure the office wouldn't want to see 500 or 5000 leters. Not effective because there will be those who will include case details trying ro get status of their cases ....and who knows what else..getting active members who has direct link to congress.. The White House would have proven more effective. Connecting with a liasion from the local office of senate, congress etc who HAS A natural interest will be the best backbone to a better outcome. This is just the way I think would be best. Each of the above named areas/offices has someone on staff who practices immigration law and would be no cost to the patrons.

[jhp 10]

Petitions are looked as canned spam mail IMHO. How much time will it take for petitioners to mail one piece of snail mail, for sure to atleast indicate enough reason than all going in as a petitioner, possibly marked spam and disregarded. If stakeholders are willing to wait years, wont sending a few piece of mail not help?

Also I havent taken time to research setting up petitions and one cannot email but select congressmen/women with that the petitioners belonging state/district.

i also think we should contact our local congressman and they can bring our issue enlighted at senate or whitehouse......we shoudl carry the same draft as decided and approved in this forum.....so plz prepare and approve a draft and we should get our issues enlighted at the senate....

That seems to be an effective idea..Some one living in DC should also meet them and express our concerns..

good idea....

[Mxjoh29 1]

i also think we should contact our local congressman and they can bring our issue enlighted at senate or whitehouse......we shoudl carry the same draft as decided and approved in this forum.....so plz prepare and approve a draft and we should get our issues enlighted at the senate....

good idea....

I will take care of DC list provided by kumbahara. Also, contact your local congressmen in your respective states. that would be helpful. I want to stress more on 'W' visa at this time.

[kumbahara 3]

I will take care of DC list provided by kumbahara. Also, contact your local congressmen in your respective states. that would be helpful. I want to stress more on 'W' visa at this time.

Thanks Mxjoh29. Immigration, atleast legal immigration is a non starter amongst congressmen and senator these days. Unless, the congressmen are from the House Judiciary Committee and subcommittee on Immigration like Congressman Lamar Smith of TX, Zoe Lofgren of CA or Senate Judiciary committee members like Sen Charles Schumer(NY), John Cornyn (TX), majority vote along party lines and dont care much about changing any legislation. At least HR.3119 is referred to house judiciary committee on immigration, controlled by house committee on immigration (http://judiciary.house.gov/about/subcommittee.html). The strength is not with an individual, but at least a number of individuals demanding their attention towards the cause.

[Mxjoh29 1]

Thanks Mxjoh29. Immigration, atleast legal immigration is a non starter amongst congressmen and senator these days. Unless, the congressmen are from the House Judiciary Committee and subcommittee on Immigration like Congressman Lamar Smith of TX, Zoe Lofgren of CA or Senate Judiciary committee members like Sen Charles Schumer(NY), John Cornyn (TX), majority vote along party lines and dont care much about changing any legislation. At least HR.3119 is referred to house judiciary committee on immigration, controlled by house committee on immigration (http://judiciary.house.gov/about/subcommittee.html). The strength is not with an individual, but at least a number of individuals demanding their attention towards the cause.

so, kumbahara do you think sending emails to the following committee members including Lamar Smith, would work?? We dont have individual emails, right? I am thinking of more stress only 'W' visa? that will be helpful for now right. My understanding from your email is, now HR.3119 is referred to the house of judiciary committee. If we send emails requests to the committee instead congressmen, that would be helpful?? what would be the effective way to reach them to present our voice. Please let us know will follow.

Mr. Gallegly, Chairman

Mr. King, Vice-Chairman

Mr. Lungren

Ms. Lofgren

Mr. Gohmert

Ms. Jackson Lee

Mr. Poe

Ms. Waters

Mr. Gowdy

Mr. Pierluisi

Mr. Ross

[kumbahara 3]

so, kumbahara do you think sending emails to the following committee members including Lamar Smith, would work?? We dont have individual emails, right? I am thinking of more stress only 'W' visa? that will be helpful for now right. My understanding from your email is, now HR.3119 is referred to the house of judiciary committee. If we send emails requests to the committee instead congressmen, that would be helpful?? what would be the effective way to reach them to present our voice. Please let us know will follow.

Mr. Gallegly, Chairman

Mr. King, Vice-Chairman

Mr. Lungren

Ms. Lofgren

Mr. Gohmert

Ms. Jackson Lee

Mr. Poe

Ms. Waters

Mr. Gowdy

Mr. Pierluisi

Mr. Ross

Mxjoh29, sending email is a problem unless the person sending email actually belongs to the district these congressmen/women got elected from. Else, the only other way to reach them is in person or through snail mail,at their contact address. While everyone looks for online petitions as the "easy & cost free" alternative, its hard to reach congressmen belongign to immigration subcommittees. I myself have written many snail mails to them. If you are in D.C and can make an appointment in person, that would good. Else, I feel the best way to make comments heard is snail mail. Its crucial to reach Ms.Lofgren, Mr.Lamar Smith who is the chairperson.

Also note, HR.3012, which passed earlier this morning includes a provision to increase the family based per country limits from 7% to 15%. I would say, unless the beneficiary is Mexico, all of us are going to see longer wait times, if that bill passes. We need HR 3119 to pass for the W visa and recapture of wasted visas.

It is also essential to reach out the CIS administration, from CIS Ombudsman and Dept of State - Bureau of Consular Affairs - Visa Division to make our case heard of one hand visa bulletin stating demand while on the other hand, spilling over F2A visas to F3 and F4 categories. I am hoping if members contact the CIS officials, atleast there would be some impact in terms of increased transparency.

[Mxjoh29 1]

Mxjoh29, sending email is a problem unless the person sending email actually belongs to the district these congressmen/women got elected from. Else, the only other way to reach them is in person or through snail mail,at their contact address. While everyone looks for online petitions as the "easy & cost free" alternative, its hard to reach congressmen belongign to immigration subcommittees. I myself have written many snail mails to them. If you are in D.C and can make an appointment in person, that would good. Else, I feel the best way to make comments heard is snail mail. Its crucial to reach Ms.Lofgren, Mr.Lamar Smith who is the chairperson.

Also note, HR.3012, which passed earlier this morning includes a provision to increase the family based per country limits from 7% to 15%. I would say, unless the beneficiary is Mexico, all of us are going to see longer wait times, if that bill passes. We need HR 3119 to pass for the W visa and recapture of wasted visas.

It is also essential to reach out the CIS administration, from CIS Ombudsman and Dept of State - Bureau of Consular Affairs - Visa Division to make our case heard of one hand visa bulletin stating demand while on the other hand, spilling over F2A visas to F3 and F4 categories. I am hoping if members contact the CIS officials, atleast there would be some impact in terms of increased transparency.

great I will do what even is possible in DC area

[bigdog 376]

Why not try for a system that actually let you know where you are at, an anticipated time of completion and a process which will allow for an interview if they have questions to get a visa finished. No unreasonable name check delays. Better yet do the naame check before you get a k1 visa and make the aos from k1 easy, like document you really got married and done.

[kumbahara 3]

Thanks Listeria, for posting about the DOS's silent posting of FY 2011 visa issuance stats, almost a year after the FY 2011 ended!

That combined with my earlier email reach out to CIS Ombudsman on visa wastage and subsequent response from the visa office chief Mr.Oppenheim in Sept 2011 indicates even his records as cited were off resulting in around 6470 visas not utilized aka wasted for F2A.

While this does frustrate as DOS continually states they have the demand for the visas yet, year over year, their own statistics indicating visa wastage, tallying at an average of 16,000 per year. So if you care, voice your concern to CIS Ombudsman at

Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Washington, DC 20528-1225

Tel: (202) 357-8100

Fax: (202) 357-0042

Email: cisombudsman@dhs.gov

Web: www.dhs.gov/cisombudsman

Below is the email and response from CIS Ombudsman on this recent folly.

Thank you for contacting the U.S. Department of Homeland Security (DHS) Office of the Citizenship and Immigration Services Ombudsman (Ombudsman’s Office).

We sincerely appreciate your input regarding the issue of visa allocation. You raise valid concerns, and our office will definitely take them into consideration.

Sincerely,

The Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

www.dhs.gov/cisombudsman

VM

Dear Sir/Madam

I am writing in response to the Mr.Charlie Oppenheim from Visa Office on his explanation on visa wastage of F2A (Family Preference - Spouses of LPR). I had earlier attempted to contact the visa office through CIS Ombudsman requesting for more transparency in terms of instituting demand data as it is done for Employment based (EB) immigrant visas.

Nearly one year since that conversation, and an equally long time since the end of FY 2011 in Sept 2011, DOS's website released the FY2011 statistics of visa issuance including Adjustment of Status for F2A category (http://www.travel.state.gov/pdf/FY11AnnualReport-Table%20V-Part1.pdf). As opposed to the figure indicated by Mr.Oppenheim below in his response on visa wastage, the official tally for FY 2011 is 81,728 as opposed his records of 88,200, a approx difference of 6,400 visas wasted(or not utilized by F2A) in FY 2011 again.

While I don't dispute with Mr.Oppenheim on the mechanism of visa allocation, following by the records from Visa Office for the last 3 FY, an average of 16000 F2A visas have been wasted or not utilized. While the visa bulletin inches by an average of 1 month to 1.5 month every time, for the beneficiaries of F2A, mostly spouses of LPR (Legal Permanent Residents), it is a missed opportunity for them to be united with their family, especially given the fact, the current laws do not even grant the spouses of LPR dependent visas at consulates to wait in the interim. The issue of visa wastage of F2A was even covered by CIS Ombudsman's annual report in 2010.

My earnest request, in the absence of any transparent demand data from Visa Office is to add more accountability and provide demand data on a monthly or at least quarterly basis for F2A so as to provide a meaningful way to extrapolate their wait times based on visa issuance at different consular posts.

I understand with the stalemate in congress doesn't allow for proper immigration reform as a measure of law, but the above requests lie well within the framework of the INA regulations and provide as an interim relief.

I would appreciate if CIS Ombudsman can take up this issue and help the LPRs by following up with the Visa Office and Department of State.

Thank you.

A Backlogged F2A Petitioner

F2AData_2011.PDF

[listeria 14]

I appreciate for you taking steps in to bringing transparency from DOS.

DOS has secret formula and while continuing to say more demand for visa in one hand, DOS wasted thousands of visas in the other end. Why would they waste visas when they cite more demand to slow down movement of PD in every VB. It does not add to DOS' point. Something is cooking up and we ought to bring it out. Unlike EB community (who has strong voice and support from many business leaders), we do not a have a strong force.

I would also wrote to the CIS Ombudsman. We should demand DOS to publish demand data as it does for EB categories.

Thanks Listeria, for posting about the DOS's silent posting of FY 2011 visa issuance stats, almost a year after the FY 2011 ended!

That combined with my earlier email reach out to CIS Ombudsman on visa wastage and subsequent response from the visa office chief Mr.Oppenheim in Sept 2011 indicates even his records as cited were off resulting in around 6470 visas not utilized aka wasted for F2A.

While this does frustrate as DOS continually states they have the demand for the visas yet, year over year, their own statistics indicating visa wastage, tallying at an average of 16,000 per year. So if you care, voice your concern to CIS Ombudsman at

Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Washington, DC 20528-1225

Tel: (202) 357-8100

Fax: (202) 357-0042

Email: cisombudsman@dhs.gov

Web: www.dhs.gov/cisombudsman

Below is the email and response from CIS Ombudsman on this recent folly.