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Can The USCIS Ombudsman Help Speed Up My Immigration Case? - YouTube
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Can the USCIS Ombudsman help speed up
my immigration case?
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Hi, I'm Jim
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Hacking, immigration lawyer, practicing
law throughout the United States
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out of our offices in Saint Louis,
San Diego and Washington, DC.
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As long time viewers of this channel
know, USCIS,
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the United States Citizenship
and Immigration Service, is the agency
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that's in charge of processing
all immigration benefit applications.
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These applications include naturalization,
green card applications, asylum
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applications, H-1B visas,
and all other kinds of applications
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where people are applying
for an affirmative immigration benefit.
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USCIS is separate from ICE Immigration
Customs Enforcement,
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which is the arm of the government
dedicated to kicking people outside
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the United States.
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USCIS has seen backlogs
grow and grow and grow
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over the past few years,
such that cases that used to take two or
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three months
are now taking nine, ten, 12 months.
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Even over a year,
almost two years for some applications.
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This has led many people to wonder,
what can I do to speed up my case?
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And they stumble upon a phrase
that seems very strange.
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It's a word
that you don't hear all that often,
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and they are intrigued by this.
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They're searching along in Google,
What can I do to speed up my case
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and they ask themselves this question
What is the USCIS Ombudsman?
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The Ombudsman is a strange word.
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It's not a word that we use very often,
but the Ombudsman is outside of USCIS.
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They're supposed to be the people's
watchdog, the people's eyes on USCIS.
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One of the roles of the USCIS
Ombudsman is to look at the data
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and to check on processing
times and issues
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that are coming up
across all kinds of applications at USCIS.
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Think of it as a watchdog,
like somebody going back
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and forth, watching what USCIS is doing
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and figuring out if they're doing things
correctly or incorrectly.
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Every year, USCIS Ombudsman issues
a annual report
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talking about the statistics, talking
about the trends, talking about what
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they've noticed, and that's a big chunk
of what the USCIS Ombudsman does.
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But where people come across the ombudsman
in their search to get their cases
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sped up is the fact that USCIS Ombudsman
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is empowered and authorized to reach out
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to USCIS on behalf of individuals
who are waiting to get their green card,
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waiting to get their citizenship
or for some other immigration benefit.
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The U.S.
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Ombudsman is supposed to advocate for you.
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They're supposed to try to help
you get your case sped up.
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The USCIS
Ombudsman doesn't work inside immigration.
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They work outside immigration,
and their job is to make sure
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that everything is being done
properly in your case.
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Now, here's the problem.
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In the old days,
when cases went relatively quickly,
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it would only require the involvement
of the USCIS Ombudsman in very few cases.
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In other words, the Ombudsman wasn't
that busy because USCIS was generally
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doing their job and processing cases
in a normal and timely fashion.
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But once the delays started
getting very severe and once all cases
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in all categories started taking months
and months longer than they used to,
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the power of the USCIS
Ombudsman stopped working as well.
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In other words, think about it this way.
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If everybody case is delayed
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and everybody's asking the ombudsman
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to expedite or to help expedite
or speed up their case,
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there's really very little
the ombudsman can do.
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They might take an interest,
they might have you fill out a form,
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they might ask you to authorize them
to go reach out to USCIS.
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But at the end of the day,
if everything's delayed
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and if the agency itself isn't devoted
towards speeding things up,
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then the inquiry by the Ombudsman
in one particular case
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is probably not going to move the ball
very far
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if you're a viewer of our immigration
answer show you know this already people
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call the show every single day
complaining about all of their attempts
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to speed up their immigration case.
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And specifically they mention the fact
that they asked
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the USCIS Ombudsman
to assist with their matter.
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But the fact is that
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because these cases are all so backlogged,
the Ombudsman simply can't do anything.
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They recently even issued a report
saying they weren't
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going to make inquiries
on run of the mill delay cases.
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So that means that the only thing
that works, the only chance you have,
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it's not the ombudsman, it's
not getting a member of Congress involved.
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It's filing a federal mandamus lawsuit
against USCIS.
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To our knowledge, it's the only thing
that really works consistently.
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It doesn't work in every single case,
but it works in a lot of cases.
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So far, our office has filed over
1200 mandamus actions
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many, many, many of which took place
after our clients first
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reach out to the USCIS Ombudsman
and found out that
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the Ombudsman couldn't really do anything
to move their case along.
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So at the end of the day,
you are certainly free to go
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talk to the Ombudsman.
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You are certainly free to ask them
to make an inquiry on your case,
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but you should not get your hopes up.
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You should not start planning to get
that immigration benefit anytime soon.
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In the vast majority of cases,
the Ombudsman is powerless to get USCIS
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to do their job
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and just like they tell you to keep on
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waiting, the agency basically tells
the ombudsman, sorry,
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there are a lot of people in line
ahead of them.
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COVID, COVID, COVID, backlog,
backlog, backlog.
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Sorry about that.
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And nothing actually happens.
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The only time anything happens is
when you sue them.
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So if you have questions about whether
or not the USCIS Ombudsman can help you,
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or if you have a story for me
about how the USCIS Ombudsman did
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help you, I'd love to hear about it,
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but those stories are sadly few
and far between.
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You can always give us a call
at 314-961-8200.
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You can email us
[email protected].
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Don't forget to join our immigrant home
Facebook group.
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It's called Immigrant Home and you can
find us by searching for it in Facebook.
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We'd love to have you in there.
We have over 8000 members.
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We have tons of people joining every day
where they're trading immigration
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information,
talking about processing times,
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talking about delays, talking about
their frustrations with the Ombudsman.
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And then we also have
our immigration answers show,
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which you can find
if you subscribe to our YouTube channel
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or if you join that immigrant home
Facebook group.
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Thanks a lot and have a great day.
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