Asian Journal- The Filipino-American Community Newspaper

THE processing times for some applications pending at the US Citizenship & Immigration Services (USCIS) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for green cards, citizenship and other applications, since the USCIS is the only agency authorized to adjudicate requests for immigration benefits. The USCIS cannot, however, force applicants to suffer through "unreasonable delays" for their applications to be completed. Individuals who have had enough waiting may safely seek the intervention of the United States District Court to put an end to the delays.

In order to obtain a green card, become a United States Citizen or seek any other benefit available under US immigration Law, individuals must file applications or petitions with the USCIS. The USCIS has been criticized for the long delays in processing cases, which can cause people hardship in restricting their ability to travel and seek new employment opportunities.

The rules applicable to all Federal Agencies in the United States require that the agencies act on applications within a "reasonable time." The measure of what length of time is "reasonable" is dependent on many factors, including the average processing time for similar applications. The average processing time alone, however, cannot justify outrageous delays, and, at a certain point, may be unreasonable itself. At present, USCIS is taking over one year to process an I-140 Petition for Immigrant Worker. This length of time is unreasonable for a person who has less than six months time to remain in the United States in his current status, because he could lose eligibility for adjustment of status if he stays in the US for more than six months after his status expires.

In the Los Angeles District, interviews for basic applications are scheduled within 6-8 months of filing; however, the USCIS does not approve many cases for months following the interview date. The USCIS attributes much of reason for delays to due to progressive security clearances and fingerprint checks, but these checks are conducted electronically and should not require more than 60-90 days to complete.

Earlier this year, USCIS Associate Director of Domestic Operations, Michael Aytes, issued a memorandum revising CIS’ policy of requiring complete background clearances before an application for adjustment of status may be approved. The Memo sets forth the new policy, in which the CIS, in cooperation with the FBI, will render final decisions on pending I-485 and I-601 (waiver applications) will be adjudicated within 180 days of receipt. This policy is in accord with Congressional mandate and will greatly reduce the waiting period for adjustment of status in most cases.