A Guide to Writing Your Elected Representative(s) About the I-129F Slowdown at the CSC

[I & B 273]

A Guide to Writing Your Elected Representative about the Current Backlog in K-1 Petition Processing at the USCIS’s California Service Center

Disclaimer: The following will most likely not get your case expedited. I cannot even guarantee it will help you get a response from your elected representatives. But I do believe it will provide some valuable basic information and “best practices” that will help get your complaint to the right pair of eyes and perhaps even get some extra attention there. Most importantly, I truly believe that if more people took the time to follow these guidelines and highlight the current problem at the CSC to their representatives, then we all stand a much better chance of there being meaningful pressure on the USCIS to get their act together. That may not mean your case itself will be explicitly expedited in some way, but it could mean that the K-1 backlog starts getting processed sooner, which has the same effect.

1. Who Are My Representatives?

Since the USCIS is a federal agency, state-level representatives will be of little or no help. Instead, you should identify who your congressperson and senators are. Everyone in the US has two senators for their state and one congressman for their district. It doesn’t matter if you voted for them or even knew they existed; they are your representatives and they work for you.

You can find who your congressperson here.

You can find who your senators are here.

2. Which Representative Should I Contact?

A. Political Party

I’ve seen some conflicting reports about whether Republicans or Democrats tend to be more responsive to constituent complaints. These reports, however, have to be discounted by the fact that we do not know exactly what has been written in each individual case. Elected representatives receive dozens and dozens (if not hundreds or thousands) of complaints each day and rely on their staffers to sort through and prioritize them. In my experience, these people (staffers and elected representatives) tend to want to help. That’s why they took the line of work they did. (Cynics may disagree.) But they have limited time and resources and cannot help everyone equally, so you can expect them to discount complaints that come across as rants or screeds, or complaints that are just poorly written and thought out. They might not do so consciously, but they are only human. In any case, I doubt very much that there is a significant correlation between political party and overall responsiveness. There are doubtlessly bad apples in both parties and there is, of course, always the possibility that the staffer screening your complaint has had a bad day. But don’t let that deter you!

The only caveat to that has to do with how you go about talking about the Deferred Action for Childhood Arrivals (DACA) program in your complaint. This program is likely the cause of the recent backlog (see Part X below) and talking about it will be an important part of your complaint. But it was a program enacted through an executive order by President Obama—a Democrat, so Democratic representatives and their staffs may be more reluctant to vigorously pursue your case if they believe doing so would amount to an attack on that program. Republicans, on the other hand, will likely be more receptive to pursuing your case if they believe you have been wronged by a policy enacted by a Democratic president. Overall, I don’t believe this should give you pause about contacted representatives of either party, but you should keep it in the back of your mind as you consider how exactly to phrase your complaint. You may want to emphasize the DACA program’s role in your woes to Republicans and deemphasize it to Democrats.

B. Committee Member?

Both chambers have a role in the oversight of the immigration process. But those roles are, by-and-large, confined to smaller committees. If one of your three representatives is a member of one of these committees, then that means they should probably be your first choice. A member of one of these committees would be most tied into the agencies involved in immigration and have the most influence over those agencies.

Members of the Senate Judiciary Sub-Committee on Immigration, Refugees and Border Security:

Democratic Members

Chuck Schumer, New York (Chairman)

Patrick J. Leahy, Vermont

Dianne Feinstein, California

####### Durbin, Illinois

Amy Klobuchar, Minnesota

Richard Blumenthal, Connecticut

Mazie Hirono, Hawaii

Republican Members

John Cornyn, Texas (Ranking Member)

Chuck Grassley, Iowa

Orrin G. Hatch, Utah

Jeff Sessions, Alabama

Jeff Flake, Arizona

Ted Cruz, Texas

Members of the House Judiciary Subcommittee on Immigration Policy and Border Security:

Democratic Members

Zoe Lofgren, California (Ranking Member)

Sheila Jackson Lee, Texas

Luis Guiterrez, Illinois

Joe Garcia, Florida

Pedro Pierluisi, Puerto Rico

John Conyers, Jr., Michigan

Republican Members

Trey Gowdy, South Carolina (Chairman)

Ted Poe, Texas, Vice Chair

Lamar S. Smith, Texas

Steve King, Iowa

Jim Jordan, Ohio

Mark Amodei, Nevada

Raul Labrador, Idaho

George Holding, North Carolina

Bob Goodlatte, Virginia

You may also give similar priority to your senator if he or she is a member of the so-called “Group of Eight,” a group of senators who are currently publicly working on immigration reform legislation.

The Group of Eight:

John McCain, AZ

Marco Rudio, FL

Lindsey Graham, SC

Jeff Flake, AL

Charles Schumer, NY

Richard Durbin, IL

Robert Menendez, NJ

Micheael Bennet, CO

C. Senator or Congressman

If none of your representatives serves on one of these committees, then consider the following. In general, senators wield more influence within and without Washington than do congressmen and congresswomen. They tend to stick around longer and have deeper ties to various federal agencies. Congressmen and congresswomen, on the hand, can come and go every two years and may or more may not be plugged into the system or know how to get anything done. Moreover, The Senate is inherently more powerful than the House of Representatives when it comes to oversight and drafting new laws.

On the flip side, however, congressmen and congresswomen usually have fewer constituents (there are exceptions for states that have only one or two congresspersons, such as Wyoming), meaning they may be more responsive in general to constituent complaints and that your complaint stands a better chance of actually being seen by your congressperson (and not just staff).

I believe the balance leans in favor of contacting senators; however, there are other considerations that may tip the scale.

D. Other Considerations

First, you should do a wikipedia search of your representative to see how long he or she has been in office. A congressman who has been in office for 20 years and who thus has an experienced staff that knows the ins and outs of the USCIS may be better than a first term senator. You may also want to google the representative’s name along with terms like “immigration reform,” “deferred action for childhood arrivals,” and the like to see if you can find them making a statement that shows they may have a personal interest in immigration issues.

E. Contacting More Than One Representative at Once

My inclination about this is that it’s best to give one representative’s office some time to become invested in your case and make inquiries before you get others involved. But your mileage may vary. My whole underlying principle in this is to act towards my representatives and the USCIS in a professional and courteous—but stern—manner. I suggest you use your best judgment as, at the end of the day, all of this is going to be driven by how invested we can get representatives in our cases.

3. How Should I Contact My Chosen Representative(s)?

Once you have decided who you will contact, the best way to contact them is to submit a written copy of your complaint electronically. For most representatives (perhaps all?) you can find complaint submission portals on their congressional website. Simply go to their website, find the contact section, and follow the directions to submit your complaint.

After submitting, you should give the staff a few days to get back to you. Typically, however, you should expect to hear something back in 4-5 days, if not earlier. If you have not heard back in that time, you should call the office and leave a polite message that references your complaint and the date you submitted it. Be sure to leave your phone number and email address with anyone you speak to and ask that they get back to you as soon as possible.

4. What Should I Include in My Complaint?

NOTE: Do NOT copy anything written here verbatim. All complaints should be personalized. If you copy the language that I or someone else used, then you risk having your complaint ignored as a form letter.

A. Overview/Premise

Remember, the purpose of USCIS is to resolve immigration issue for the benefit of US citizens. It is supposed to work to bring them together, not serve as an impediment to their reconciliation. It is limited in providing super-efficient service in that (1) it accepts relatively low fees (which guarantee universal service access for even poor citizens) and (2) fee-based services must also cover the expenses of free services, such as the adjudication of refugee claims. But those two caveats in no way mean US citizens have to simply accept 8-9 month delays in processing. They don’t even mean we should be accepting 5 months.

The bigger problem with K-1 visa processing is that K-1 petitioners are not a distinct class with sustainable lobbying power. To the extent K-1 petitioners turn to the political system for a fix, it is usually just to seek an individual redress. And, once an individual’s case has been resolved (with or without help), the petitioner tends to move on and never raise the issue again, leaving the next group of poor saps to meet the same predicament. There is almost no incentive for the USCIS to fix the problem systematically and no incentive for politicians to devote their political capital to it. As long as they USCIS can generally report to congress that they are meeting their processing time frame goals, they will avoid a lot of scrutiny over their handling of non-political visas, such as the K-1.

But it doesn’t have to be that way. Think back to before you applied for a K-1. Did you have any idea what a boondoggle you were in for? I didn’t. And I suspect very few do because it’s just not something that gets talked about. It’s a very particular area of policy that few have reason to think about. The silver lining to that, however, is that when people do find out how it works (or, god forbid, have to go through it like us) they quickly realize how absurd it is. The way the USCIS treats petitioners is like something out of an Orwellian satire. It’s something people can instantly understand to be wrong and in need of commonsense fixes.

Taking all that into account, I suggest generally framing your letter with four principles in mind:

(1) Show that you understand the problem

By carefully explaining the problems with the way the USCIS treats K-1 petitioners, you will go a long way to showing your representative and their staff that you are not merely some disgruntled crank (I’m sure they hear from their share of those). And the absurdity of the current paradigm is so self-apparent that it speaks for itself when carefully laid out. When staff can understand the system we are struggling against, they can better empathize with us. Moreover, they will better understand why you have chosen to escalate the problem to them and why they should further escalate your complaint through their channels.

(2) Be professional and avoid hyperbole

It’s easy to get carried away when you write about a problem that affects you so personally as this. Believe me, I know. But flying off the handle will likely only backfire in this context. Remember, you want your representatives and staff to become emotionally and intellectually invested in how badly the current system is affecting you. You aren’t fighting against the representative. The representative probably has no idea exactly how bad the current processing backlog is because I doubt anyone has taken the time to explain it. Treat them professionally and honestly. Try to make them your ally and arm them with the facts so they can better fight for you.

(3) Show that it’s not just about you, but about a systemic problem that is affecting tens of thousands

This point ties in with the first but deserves special emphasis. I’m sure many representatives still have no idea that there is such a widespread problem at the CSC. They are not experiencing it; we are. We have to educate them about it. It may not seem like it will help our individual cases, but, realistically, the best the possible thing for any of our cases would be for a senator or congressperson publicly rebuking the USCIS for their treatment of all cases.

(4) Make it clear that you expect your elected representatives to oversee such agencies on your behalf

Show that, while you are not naïve enough to expect your single representative to move heaven and earth on your behalf, you expect competent and diligent pursuit of an improved situation, both for yourself and other K-1 applicants. Give the representative’s office time to work, but make it clear you expect them to do more than just go through the motions.

B. The Content and Organization of Your Letter

The following are sections you should include in your letter, along with an overview of the content you should include in each. Again, DO NOT copy any of this verbatim. You should personalize your letters to the greatest extent possible.

(1) Introduction

Begin with a polite salutation such as “Dear Senator X”. Then include a brief paragraph that (1) notes you are a constituent, (2) explains that you are writing to seek help in regards to problems with your K-1 visa petition, and (3) provides the date and reference number of your NOA1.

(2) Content About the Scope of the Problem at the USCIS’s California Service Center

I suggest dedicating 2-3 paragraphs to describing the current problems that are apparent at the California Service Center. Many of the problems in processing can be found analyzed in great detail in my post about I-129F processing data. In a nutshell, those and other problems are as follows:

a. The Slow Down in I-129F Petition Processing Since August, 2012

Over all, the number of I-129F completions per receipts has dropped off drastically since August, 2012. When the ratio of completions to receipts falls, the backlog of apps grows, guaranteeing longer waiting times for petitioners. We only have published data through January, 2013, but, based on that data, we know that the completions per receipts of I-129F visas were 33% below their two year average from August, 2012 to January, 2013. Even worse, for the last two months of reported data—Decemeber and January—completions per receipts were down over 60% from their two year average, the lowest they’ve been on record. This has a substantial backlog of apps to build up very quickly, guaranteeing long delays for anyone who filed since the summer of 2012. Unfortunately, anecdotal evidence from visajourney.com and Igor’s list suggest the trend is much worse because there have likely been no improvements to completions per receipts since January, making the current period of inattention to I-129Fs the longest on record in recent years.

b. Deferred Action for Childhood Arrivals (I-821D, aka “DACA”) Applications Are Getting Priority at the Expense of I-129F Petitions

There have previously been slowdowns in application processing. So some delays are nothing new. In fact, it seems the USCIS operates by batch processing certain types of apps on cycles—focusing on a certain class of application for a few months and letting backlogs build for others, and then rotating to focus on the backlogs that have built up. But, after I conducted an extensive analysis of the data, I discovered that this time is different.

As I already pointed out, the resources devoted to I-129F processing is at record lows and likely has been for a record long period of time. But what I was surprised to discover is that it really is only I-129Fs that have been targeted for a slowdown these last few months. And it’s not because of an incredible flood of petitions over all, either; it’s because the CSC has been focusing on processing DACA applications at a pace that exceeds the two year average for completions per receipts of all application types. In other words, I-129F petitioners are being delayed not just so another application class can be processed—but so they can be processed quickly. This is patently unfair to I-129F petitioners and borderline outrageous from a political standpoint. Someone has got to start asking the USCIS tough questions about why they have put so much priority on a certain application class and then singled out another class so disproportionately to bear the cost.

c. The USCIS Has Blatantly Manipulated It’s “Processing Timeframe” Dates to Avoid Accountability

The USCIS will only accept service requests (i.e., will only actually look into a petitioner’s complaints) if the petitioner’s petition was filed prior to a set “processing time frame” date. This makes sense for preventing petitioners from bogging down the service center from calling every day and demanding special attention. But what doesn’t make sense is that the USCIS gets to set its own “processing time frame” dates without any apparent oversight or accountability. This means that, if they are running behind in processing a class of applications, they need not worry or respond to customer demands for better service; all they have to do is not update the “processing time frame” date and they will never have to even respond to customer complaints. Customers (i.e., US Citizens who have paid a fee and are relying on this government service), meanwhile, are left to turn to places like visajourney.com to guess about the true nature of their plight.

Well, that’s exactly what has happened with I-129Fs over the past several months. As the USCIS has deliberately shifted resources away from their processing, it has simply stopped updating the I-129F’s processing time frame date, meaning that even customers delayed up to 2-3 months longer than their “target” processing time cannot even demand and answer from the USCIS. In fact, the USCIS has not updated their “processing time frame” date for I-129Fs in over three months; it has been July 18, 2012 since December. And that is just absurd on its face. What that means is that the USCIS is claiming to the world that it has been processing applications filed on July 18, 2012 for over three straight months without finishing them. Does anyone think that’s even remotely close to what’s really been happening? No. No one could claim that with a straight face. What’s really happening is obvious: The USCIS is manipulating the processing time frame date to avoid accountability. And they are doing so in a way so blatant that it is nothing short of an insult to both their customers and to the elected representatives who should be overseeing their operation.

d. The USCIS Is Extremely Opaque In Its Operations To the Detriment of Petitoners’ Ability to Plan Their Affairs

How did I find out about the slowdowns, the priority given to DACA applications, or the processing time frame manipulation? True, I did technically learn those things from the USCIS, but only because I spent hours and hours combing through their data and past practices. Why should I have to waste my time and productive energy towards getting answers the USCIS has readily available? Why do they make it so difficult to find out what is going on? Why can’t they publish honest time frames so that people can plan their lives accordingly? These are all questions that need to be answered with changes at the USCIS. No government service should be run in a way where it is actively hiding its inner-workings from the very people who rely upon its services. The USCIS works for us but the only way they get away with such shenanigans is because they know we can’t fire them. Well, we need our representatives to get serious about firing somebody on our behalf if this continues. We deserve better.

(3) Content About Your Personal Situation

As frustrating as the USCIS’s processes and policies are themselves, do not forget to end your letter strongly by highlighting how the processing delays and lack of answers have hurt you, your fiance, and your families. Some general things to focus on are the economic hardship of supporting two households, the added costs of travel to see each other (if even possible), the emotional toll of being apart, and the effect the separation is having on any children in the custody of either parent. Talk further about how the uncertainty of the approval date makes it extremely difficult to plan for moving, for a wedding, and for arranging employment. Finally, be sure to highlight special hardships such as medical conditions, possibilities of domestic abuse or other danger for the beneficiary, or anything else that risks the well-being of you or your fiance.

(4) Closing and Signature Line

I suggest closing in a stern but optimistic tone, urging your representative to help you and assuming they will do so. Then close with “Sincerely, *Your Name*" and be sure to include an address block under your name that has the following information:

Your Address

Your Email Address

Your Personal Phone Number

5. What Happens Next?

After sending your complaint, you may have to wait a few days to hear back from the representative's office. That's normal. They will likely contact you and ask you to sign a privacy waiver so they can request info on your case. It should be ok to return this by email or fax so that their office can get right to work; be sure to ask if they don't say that explicitly, though.

Once you have signed the privacy waiver, they should hand your case off to their office's immigration liaison who will investigate. Just use your best judgment in working with this person as they can help you. Give them some time but don't feel bad about following up every few days or so if you don't hear back.

6. Final Thoughts

You may also want to consider contacting others beyond your elected representatives. If you have connections to local/regional media, it may be good to tell them your tale. Again, it’s not something many are aware is happening and I believe someone could make a very good investigative report about it. You may also want to send a copy of your complaint to the USCIS Ombudsman, though prepare yourself for a generic answer from his office.

In the end, it’s all about getting our applications back under active review as soon as possible. To do that I think we need to fully exhaust our influence in the political system. I hope this guide has been helpful to those looking to do just that. I will try my best to answer any individual questions people have, but I have to apologize in advance for not being able to read or edit everyone’s individual complaints. Just follow the guide and trust your story. Telling the truth is enough because the current truth is damning for the USCIS. We just need to get people to hear that truth. Thank you for your efforts; this can’t be done alone.

Edited March 27, 2013 by I & B

[I & B 273]

I should also note that I do not feel one need to wait beyond the USCIS's own manipulated processing time frame date before they reach out to their elected representative. In fact, I think anyone who is at or nearing the five month target time should send their letter right away. The writing is on the wall about your delay. Why wait to let your representative know about the problem?

[baron555 934]

In the end, it’s all about getting our applications back under active review as soon as possible.

Wow, that a great write up for something that usually doesn't do any good.

Just to clarify, "our" applications (they are actually called petitions) and not under inactive review, it only takes 15 minutes to adjucate a properly filled out case. There is just that much backlog in USCIS....the only solution would be to add more adjucators.........or to not given preferential priority to one type over another.

The last comment may be the truest and may be what you'd ask is for them to investigate if this if indeed true....and if it goes against any ISCIS directive....It may be by Presidential decree from your elected President.

[I & B 273]

In the end, it’s all about getting our applications back under active review as soon as possible.

Wow, that a great write up for something that usually doesn't do any good.

Just to clarify, "our" applications (they are actually called petitions) and not under inactive review, it only takes 15 minutes to adjucate a properly filled out case. There is just that much backlog in USCIS....the only solution would be to add more adjucators.........or to not given preferential priority to one type over another.

The last comment may be the truest and may be what you'd ask is for them to investigate if this if indeed true....and if it goes against any ISCIS directive....It may be by Presidential decree from your elected President.

I use petition and application interchangeably because I don't think the whole process need be any more byzantine than it already is. Yes, I know it is technically a "petition" but, in common terms, it's an application.

Anyway, if you look deeply into the published data on adjudications as I have, you see enough ebb and flow to know the processing protocols are a lot more complicated than just 15 minutes per petition. But, yes, at the end of the day, the completion rates are driven by the number of adjudicators assigned. I'm sure there are a lot of factors used in determining how those adjudicators are signed and some of them are political. Everyone who has taken poli sci 101 knows politics is, after all, the distribution of scarce resources (and adjudicator eyes are a scarce resource). Still, however, I think everyone accepts the basic premise that the politics of the day can extend only so far into the process. When one class of petitioner becomes so favored to the detriment of another, as has happened with the quickly processed DACA petitioners at the expense of I-129F petitioners since August, 2012, there is a major problem. This is especially true when you consider the fragmented and momentary nature of any particular class of immigration petitioner; we need to keep in place a system that guarantees a decent, timely, and consistent standard of review for everyone.

And that's really what I'm getting at with this. I do think that many will find they can get their cases expedited to an extent by getting congressional pressure. Squeaky wheel meet grease and all. But the overarching point is that the USCIS is broken and, beyond a prerogative to better their own lot, I think current petitioners have a responsibility to future petitioners to demand the system be fixed.

[AJG & ESD 6]

It sounds to me like they just got a lot of applications to process on July 18th

And all your data...this is what happens when we have too much time on our hands Don't pee off analysts!!!

[diamondfloor 10]

I think this is probably the most helpful post I have seen on the current situation and I agree wholeheartedly with everything that has been said in it. We just sent off our letter to elected officials this morning, and my fiance has also posted our story on his facebook page.

[pachacuti 154]

You should try to get this added as a resource here on VJ. Great job!!

[Bayareaguy 156]

Yes, This is very nice! Much more coherent than anything I'd be able to put together

[glenmar 34]

Once again great work I&B. The information is both informative and valuable to all vj members. I would hope the moderators will pin your post.

[Zipline 23]

I should also note that I do not feel one need to wait beyond the USCIS's own manipulated processing time frame date before they reach out to their elected representative. In fact, I think anyone who is at or nearing the five month target time should send their letter right away. The writing is on the wall about your delay. Why wait to let your representative know about the problem?

I may do this indeed, or at least spend some of my weekend working on the drafts that I will send. My NOA1 antiversary is April 5.

[C-ma'am 684]

**Pot moved from K1 to USCIS Service Centers.

[F&N 7]

Thanks for the post, it is a great resource! Also, if you check your representative's website they list the procedure they require for them to look into your case. My representative requires you to submit a Privacy Form allowing them to look into your case and asking for your case number, social security, etc... Also, most representatives have "Community Office Hours for Assistance with Federal Agencies." I recommend that everyone contacting their representative write their letter, fill out the privacy form, and meet their Representative in person. I went yesterday to meet my Congresswomen Rep yesterday morning and it took 5 minutes. I kindly explained to her the situation and then asked her if there is anything she can do. I VERY KINDLY explained to her that I already how to find the "updates" of my case and that I didn't want to waste her time doing that but if she could actually help me that would be greatly appreciated! (Be careful how you word this).

I think when you meet someone in person they will tend to be more invested in your case and actually help.

Good luck everyone!!! Hopefully, we hear back soon!

[Rob & Rachel 24]

Great post!! I'll be using this! Thanks!

It's all on us if we want this fixed at this point.

[erin&fi 3]

Thank you, I & B. All these considerations are appropriate and very helpful. We will put them in use on our coming letter. Good luck to us all!

[Tintin and Mike 127]

:thumbs: