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Department of Homeland Security CIS Ombudsman 2009 Annual Report to Congress

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Department of Homeland Security CIS Ombudsman 2009 Annual Report to Congress Annual Report 2009 Annual 2009 30, June Citizenship and Immigration Services Ombudsman U.S. Department of Homeland Security Citizenship and Immigration Services Ombudsman Annual Report 2009 June 30, 2009 Citizenship and Immigration Services Ombudsman Annual Report 2009 June 30, 2009 This page intentionally left blank ii Citizenship and Immigration Services Ombudsman Senate & House Judiciary Committee Leadership The Honorable Patrick J. Leahy, Chairman The Honorable Charles E. Schumer, Chairman Committee on the Judiciary Committee on the Judiciary United States Senate Subcommittee on Immigration, Refugees and Border Security Washington, D.C. 20510 United States Senate Washington, D.C. 20510 The Honorable Jeff Sessions, Ranking Member Committee on the Judiciary The Honorable John Cornyn, Ranking Member United States Senate Committee on the Judiciary Washington, D.C. 20510 Subcommittee on Immigration, Refugees and Border Security United States Senate Washington, D.C. 20510 The Honorable John Conyers Jr., Chairman Committee on the Judiciary United States House of Representatives The Honorable Zoe Lofgren, Chairwoman Washington, D.C. 20515 Committee on the Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law The Honorable Lamar S. Smith, Ranking Member United States House of Representatives Committee on the Judiciary Washington, D.C. 20515 United States House of Representatives Washington, D.C. 20515 The Honorable Steve King, Ranking Member Committee on the Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law United States House of Representatives Washington, D.C. 20515 Annual Report to Congress — June 2009 iii This page intentionally left blank iv Citizenship and Immigration Services Ombudsman Letter from the Ombudsman June 30, 2009 On behalf of the Ombudsman staff, we hereby submit our 2009 Annual Report to Congress, pursuant to section 452 of the Homeland Security Act. Richard E. Flowers Wendy E. Kamenshine Acting Ombudsman Acting Deputy Ombudsman Annual Report to Congress — June 2009 v A Note of Appreciation I would like to thank Homeland Security Secretary Janet Napolitano and former Secretary Michael Chertoff and their staffs for assisting this office in carrying out its statutory mission. Thank you also to Acting USCIS Deputy Director Michael Aytes and former Acting USCIS Director Jonathan “Jock” Scharfen for their dedication to providing ever-improving immigration benefits services and for assisting this office in furthering its mission. In addition, I would like to thank the entire USCIS Ombudsman Liaison Unit for assistance in the work of this office. Thank you also to former CIS Ombudsman Michael Dougherty and former Deputy Ombudsman Luke Bellocchi, for their dedicated service to the Ombudsman’s office. Finally, I thank the Ombudsman’s entire staff and particularly the management team, Wendy Kamenshine, Acting Deputy Ombudsman and Annual Report Project Manager, James Reaves, Chief of Intake, Evaluations, and Problem Resolution, and Gary Merson, Chief of Legislative and Regulatory Affairs, for their leadership, dedica­ tion, and diligence in this Report’s publication. Richard E. Flowers Acting Ombudsman vi Citizenship and Immigration Services Ombudsman Executive Summary and Annual Report Recommendations This is the sixth Annual Report prepared by the Citizenship provides for more robust capabilities to resolve case problems. and Immigration Services Ombudsman (Ombudsman) since The Ombudsman is now better able to perform the statutory the office was established in 2003 pursuant to Section 452 of mission of assisting individuals and employers. the Homeland Security Act. As required by statute, this Annual Report also summarizes During this reporting period, May 1, 2008 through April 30, the most pervasive and serious problems encountered by 2009, there was a marked decrease in applications and peti­ individuals and employers, including Requests for Evidence, tions filed with U.S. Citizenship and Immigration Services USCIS customer service, and FBI name checks. (USCIS). This reduction in receipt levels has provided USCIS During the reporting period, the Ombudsman made eight with the opportunity to work long-pending cases. However, formal recommendations, also discussed in this Report, which with less fee revenue, the agency may now face new chal­ cover humanitarian, family, and business issues, including: lenges. This Annual Report also discusses: (1) improving the motions to reopen/reconsider process; yyUSCIS processing times and backlogs, as well as a follow- (2) expansion of payment methods for USCIS customers; up review of the 2007 summer surge in immigration (3) streamlining EB-5 investor visa processing; (4) challenges filings; in humanitarian categories for victims of trafficking and speci­ yyUSCIS Transformation, a five-year $491 million initiative fied criminal activity; (5) the E-Verify program that checks to modernize USCIS systems; an individual’s employment eligibility; (6) naturalization; yyOmbudsman facilitation of interagency meetings, includ­ (7) immigration processing for foreign nurses; and (8) timely ing between USCIS and the U.S. Department of State – the issuance of Employment Authorization Documents (EADs) for entities charged with processing permanent immigration eligible applicants. applications and administering the annual numerical limits The following is a list of new 2009 Annual Report recommen­ on family and employment-based visas; dations in summary form: yyOmbudsman outreach, including the public teleconfer­ Recommendation 1 ence series “How Is It Working for You?” The Ombudsman recommends that USCIS immediately For the Ombudsman, it has been a time of transition with a begin scanning immigration files that are likely to be new Department of Homeland Security (DHS) Secretary and a needed for future adjudications. (AR2009-01) change in office leadership. During the reporting period, the Ombudsman has continued to expand outreach to stakehold­ Justification: Millions of historic paper files are necessary ers and review fundamental ways to assist individuals and for future adjudications. Digitizing current cases for future employers in their interactions with USCIS. use would lessen USCIS’ burden of storing, tracking, and retrieving physical case files and, thereby, increase agency Of particular note, during the reporting period, the processing efficiency and responsiveness to customers. Ombudsman and USCIS entered into a Memorandum of Digitization of completed Forms I-485 (Application to Understanding (MOU), the framework for a constructive du­ Register Permanent Residence or Adjust Status), for example, rable relationship between the two Department of Homeland would streamline the processing of future naturalization Security components. Among other provisions, the MOU applications filed by these individuals. Annual Report to Congress — June 2009 vii Recommendation 2 Recommendation 5 The Ombudsman recommends that USCIS establish new The Ombudsman recommends that USCIS post a practical protocols to ensure that relevant contract staff consistent­ tip sheet on its website to assist stakeholders in providing ly record all A-file movement as outlined in the Records the necessary and relevant information for complex EB-1 Operations Handbook. (AR2009-02) cases. (AR2009-05) Justification: Inconsistent use of USCIS file tracking systems Justification: USCIS provides limited information on the is the primary reason for lost or misplaced A-files. Contract adjudicative standards for EB-1 cases; additional guidance staff members are primarily responsible for A-file movement would assist customers to better prepare EB-1 cases for filing. within USCIS, as well as to and from other DHS compo­ Recommendation 6 nents, and for using USCIS systems to track and transfer A-files. The Ombudsman recommends that USCIS remove references to obsolete blood testing methods from the Recommendation 3 Adjudicator’s Field Manual (AFM) and other published The Ombudsman recommends that through the Tri- guidance. (AR2009-06) Bureau Working Group (USCIS, Immigration and Justification: Lack of a definitive preference for non-invasive Customs Enforcement (ICE), and Customs and Border DNA testing – over obsolete forms of blood testing that are Protection (CBP)), USCIS expeditiously institute manda­ neither widely available nor considered as reliable as DNA tory training of all personnel who work with A-files, tests – may confuse USCIS officers and customers alike. specifically special agents, investigators, and officers. (AR2009-03) Recommendation 7 Justification: Proper use of USCIS file tracking systems by all The Ombudsman recommends that USCIS continue to who request or handle A-files is crucial to providing timely coordinate with the U.S. Department of State regarding customer service. While USCIS stores A-files, ICE and CBP DNA testing procedures and execute a Memorandum of also use them; files travel between USCIS and these com­ Understanding (MOU) with DOS for resource allocation ponents daily. The Tri-Bureau Working Group has opened for DNA evidence gathering and chain-of-custody obser­ communication lines among these DHS components, but vance abroad. (AR2009-07) mandatory training is needed to ensure consistent use and Justification: When consular monitoring of DNA testing compliance. is unavailable, chain-of-custody requirements cannot be Recommendation 4 fulfilled. In the absence of such an agreement, the evidence collection
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