Blog

Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys

The Citizenship and Immigration Services Ombudsman’s (CIS Ombudsman) 2024 Annual Report to Congress offers insights into challenges and progress within the U.S. Citizenship and Immigration Services (USCIS). The report outlines USCIS’s recent efforts to reduce processing times, address document issues, and improve service for immigrants. Here’s a breakdown of the key findings and what they mean for immigrants navigating the system.

Key Takeaways for Immigrants

1. Progress in Reducing Backlogs: USCIS has made progress in reducing backlogged cases by 15%, though many applications still face delays.
2. Challenges with Biometrics for Asylum Seekers: Defensive asylum applicants face delays in biometrics processing, impacting their case timelines.
3. Naturalization Test Changes: Upcoming changes to the naturalization test’s English component may make the process more challenging.
4. Provisional Waiver Backlogs: Forms like the I-601A waiver for family reunification remain backlogged due to resource prioritization.
5. Document Delivery Issues: Lost or delayed USCIS mail can lead to missed deadlines, with digital options still limited.
6. Employment Authorization Demand: High demand for work permits has caused delays, with recommendations for a more streamlined EAD production process.

Why This Report Matters to Immigrants

The CIS Ombudsman’s Annual Report is a valuable tool for immigrants and advocates alike, offering a window into the operational challenges USCIS faces and the agency’s priorities. Many immigrants experience firsthand the delays and inefficiencies in processing, and this report aims to clarify where improvements are being made and where issues remain. For those navigating the immigration system, understanding these obstacles can aid in managing expectations and preparing for potential delays.

Reduced Backlogs — A Positive Step for Immigrants?

USCIS has worked to reduce backlogs and processing times over the past year, achieving a 15% reduction despite rising case volumes and ongoing priorities. For immigrants, this means a higher likelihood of receiving timely responses to applications. However, some applications still fall behind, with 14 form types remaining outside USCIS’s processing time goals. Immigrants should monitor their case status and may need to advocate for their specific forms if they remain within backlogged categories.

Delays in Biometrics for Asylum Seekers

The report addresses the biometrics process for defensive asylum applicants — asylum seekers involved in removal proceedings — and the unique backlog they face due to lack of dedicated funding. Delays in biometrics collection slow down the asylum process, leaving applicants in prolonged uncertainty. The report recommends that USCIS establish clear wait-time estimates and improve customer service channels for defensive asylum seekers. For immigrants in this situation, tracking the biometrics process is crucial to stay informed on case progression.

Changes to the Naturalization Test

The redesign of the English portion of the naturalization test has caused concern among advocates who worry the changes could create additional barriers to citizenship. For immigrants preparing to naturalize, staying updated on the test requirements is essential, as the redesign might add complexity to the process. The CIS Ombudsman suggests that USCIS provide clear study resources and allow interpreters for applicants facing language challenges in complex sections of the interview.

Family Reunification Challenges — The I-601A Waiver Backlog

Form I-601A, the Application for Provisional Unlawful Presence Waiver, is intended to support family reunification by allowing certain immigrants to apply for a waiver before leaving the U.S. for visa processing. However, resource constraints have caused significant backlogs in processing these waivers, which can delay family reunification efforts for years. To improve processing, the report recommends USCIS regularly review prioritization decisions. Immigrants waiting on these waivers should be prepared for potential delays and monitor updates from USCIS.

Document Delivery Concerns

Immigrants have long struggled with issues surrounding USCIS’s reliance on physical mail for document delivery, which can result in lost or delayed notices. Such delays can lead to missed deadlines and denials. While USCIS has increased online service options, many immigrants still depend on physical mail. The Ombudsman’s report urges USCIS to expand digital solutions, giving immigrants more options to track and confirm document receipt. This could provide some relief, though applicants should continue verifying their mailing addresses with USCIS.

Growing Demand for Employment Authorization Documents (EADs)

Demand for Employment Authorization Documents (EADs) has surged in recent years, leading to longer wait times for immigrants needing work permits. EAD delays can prevent immigrants from securing or maintaining employment. The report’s recommendations include increasing EAD production capacity and educating the public on alternative verification options to alleviate these pressures. This area remains a pressing concern for immigrants who rely on timely employment authorization to support themselves and their families.

Legal Aid and the Importance of Immigration Attorneys

For many immigrants, the complex and often evolving U.S. immigration system can be challenging to navigate without professional assistance. As highlighted throughout the CIS Ombudsman’s report, immigrants face hurdles such as prolonged processing times, intricate documentation requirements, and constantly shifting policies. While some applicants may handle straightforward cases on their own, more complex situations often benefit significantly from legal representation. Immigration attorneys play a crucial role in guiding clients through these complexities, ensuring that applications are complete, accurate, and timely, while also advising on strategies to address unique challenges in individual cases.

The need for qualified legal assistance is particularly evident in areas impacted by severe delays or frequent procedural changes, such as asylum, provisional waivers, and employment authorization. Attorneys can assist with case inquiries, advocate for clients facing delays, and represent them in immigration court or during interviews. This professional support is also essential for defensive asylum applicants and those seeking parole for family members in high-risk situations, who may face higher stakes due to the humanitarian and security risks involved.

Why Legal Assistance Matters

1. Navigating Complex Procedures: Immigration law is one of the most complicated areas of U.S. law, involving numerous forms, eligibility criteria, and deadlines. Attorneys provide vital clarity on requirements and the legal nuances specific to each case.
2. Increasing Success Rates: Proper legal representation often correlates with higher approval rates, as attorneys help avoid common pitfalls, such as incomplete applications, missed deadlines, or incorrect filing of forms.
3. Dealing with Backlogs and Inquiries: Attorneys can help expedite cases by submitting formal inquiries, following up with USCIS, and advocating for applicants who are experiencing delays due to backlogs.
4. Assistance with Changing Policies: Immigration policy changes frequently, impacting naturalization tests, work permits, and even eligibility criteria. Attorneys stay updated on these changes, advising clients on the best approach under current laws.

In a system where delays, lost documents, and complex procedures are common, legal representation helps immigrants safeguard their rights, avoid unnecessary risks, and navigate obstacles. The CIS Ombudsman’s report indirectly underscores this need by detailing challenges that can be better managed with legal assistance.

Conclusion

For immigrants, the 2024 Ombudsman’s Report provides a comprehensive look at USCIS’s strengths and shortcomings, especially in areas like processing delays, document delivery, and biometrics challenges. While progress has been made, key areas still require improvement to better serve immigrants and their families. Understanding these insights can help immigrants anticipate potential issues and better prepare for their journey through the U.S. immigration system.

FAQs for Immigrants

1. What is the CIS Ombudsman’s role? The CIS Ombudsman’s office assists Congress by reviewing and recommending improvements to USCIS operations, particularly where immigrants experience issues with applications.
2. How do backlogs impact my application? Backlogs can delay processing times, especially for forms that USCIS may deprioritize. Staying informed about USCIS priorities and monitoring case status can help you plan accordingly.
3. What should I know about the naturalization test changes? The naturalization test’s English portion is under redesign, and these changes may make it more challenging. Keep an eye on USCIS announcements for new test details and study resources.
4. How do I avoid issues with USCIS mail? Ensure USCIS has your correct address, and if possible, sign up for online account alerts. The Ombudsman recommends USCIS expand digital notifications, which may soon provide additional options for tracking documents.
5. Why is there a delay in getting work permits? High demand for Employment Authorization Documents (EADs) has created production delays. USCIS is exploring ways to streamline EAD production, but applicants should be prepared for possible delays and explore alternative work authorization documentation where available.