Why immigration applications take so long

Why does it take so long to get an answer from the Immigration Service? This is a question that many people ask when applying for visas or adjustment of status. In my practice I get a number of calls each week from clients wondering when they will get approval on an application for a work permit, adjustment of status, or a visa extension.

It is taking longer than ever to get approvals from the USCIS (U.S. Citizenship and Immigration Service). These delays continue despite the extreme increase in filing fees last July (2007). Most fees doubled and some tripled. Citizenship applications are now backlogged to about nine months. Green card applications are taking longer and longer to process at the USCIS District offices. Applications for tourist B-2 visa extensions often take more than six months before a decision is given at the California Service Center. The delays just go on. Pending applications for citizenship, green cards, and other types of visas are now at an all time high of about 6.8 million in the U.S., up more than 60 percent since the year 2006.

There are a number of causes for these delays. Increased security checks for green card applicants, student visa applicants, and those attempting to get work permits, is a major reason for the delays. The “Real ID Act” passed by Congress in 2005 requires additional background checks for people applying for citizenship or lawful permanent residency. Immigrants from certain countries (Middle East and some Asian countries) are put through extra FBI checks, which takes considerable time. In addition, the USCIS often lacks enough funding to hire the needed personnel. With an increasing number of applications and more security checks you would think that the Government would be hiring more people to fill the gaps. Unfortunately, this is not happening. However, the USCIS has publicized that it is trying to bring back some retired USCIS workers on a temporary basis.

There is also the problem of “unjust decisions” rendered by inexperienced processing employees at the USCIS. People have been turned down for visa extensions, work permits and even green cards without good explanation, while other persons have been granted approval with exactly the same qualifications. That is why no attorney can ever guarantee an outcome since there is no precise application of standards at the Immigration Service. This creates a real problem for someone who wants to go through the immigration process legally. Sometimes, the outcome is simply “not fair.” Because the process is so cumbersome and unpredictable, many people are afraid to file. The process itself encourages the “very illegality we are trying to deter” according to Rep. Howard Berman, D-Van Nuys, California. The Immigration Service is struggling due to lack of funding, insufficient personnel, and increased security checks that take too long. The Service was unprepared to handle the post September 11, 2001 (9/11) challenge. Prior to that date, the Immigration Service was supposed to be friendly to immigrants, non-immigrant visitors, workers, and foreign students. After 9/11, the Immigration Service was given the job to act as a barrier against foreigners. Most Filipinos can see the difference in immigration policy since 2001. Also, at U.S. consulates overseas, it is more difficult than ever to get any kind of visa to come to the United States.

These days it is wise to hire an experienced immigration lawyer when filing for citizenship, lawful permanent residency, and most other types of petitions. This avoids unnecessary delays, and also better protects applicants from getting into trouble if there are issues that may present a problem regarding eligibility for citizenship or permanent residency.


Source: Glenn Rose