Waiting for a resolution to your immigration case can be distressing, with each passing day feeling like an eternity. If you’re seeking ways to accelerate the process, the role of the USCIS Ombudsman can offer some assistance. This article will cover the following topics:
- Understanding the role of the Ombudsman and their potential impact on your case
- Guidance on contacting them for assistance
- Considerations for initiating legal action against USCIS.
Understanding the role of the Ombudsman and their potential impact on your case
The USCIS Ombudsman, an independent body operating within USCIS, plays a vital role in identifying and resolving issues within USCIS services. Their efforts contribute to enhancing the agency’s customer service standards and streamlining the adjudication process. In general, here are the roles of the USCIS Ombudsman:
- Serve as an intermediary between you and USCIS to expedite your immigration case
- Address and rectify any issues or challenges encountered with submitted immigration filings Offer guidance and support in comprehending USCIS policies and procedures
- Guarantee fair and efficient processing of your case
Important Note: While the USCIS Ombudsman lacks direct authority over individual immigration cases, they can assist in identifying reasons for delays in specific cases.
The USCIS Ombudsman’s Office is dedicated to aiding individuals in navigating the immigration system and securing prompt resolution of their cases.
How to Request Case Assistance
Before seeking assistance from an Ombudsman, it’s important to follow specific procedures, acknowledging that the process may involve some waiting time. Additionally, due to a high volume of requests, there may be delays in processing cases. Therefore, it’s advisable to anticipate potential delays in hearing back about your case.
But before filing your case assistance request, the Ombudsman’s Office has the following advice for you:
- Verify the posted processing times as the office cannot inquire with USCIS if your immigration case is still within the expected processing duration.
- Determine the most recent action recorded on your immigration case using the Case Status Online tool and your receipt number.
- Establish an online account with USCIS to facilitate direct and electronic communication with the agency. This is particularly beneficial for paper filers, as it consolidates status updates and history in a single location.
Here are the steps for requesting case assistance from the USCIS Ombudsman:
Step 1: Go to the Ombudsman’s website and read all pertinent instructions and FAQs
The USCIS Ombudsman’s office operates within the Department of Homeland Security, maintaining independent oversight of USCIS. To expedite your immigration status, you can initiate an online case by submitting Form DHS-7001, the Case Assistance Form.
However, it’s essential to note that the Ombudsman does not provide legal assistance or have the authority to adjudicate cases. Additionally, they cannot mediate cases while USCIS is still processing them. Therefore, it’s advisable to review case processing times before seeking their assistance.
Step 2: Fill out and Submit a DHS Form 7001
When completing the DHS Form 7001, make sure to have the following information available:
- Alien Number (A#)
- All USCIS receipt numbers related to your application or petition
- All documents submitted to or received from USCIS
- Other relevant information or documentation that is important to your case
Once completed, submit the form through any of the following:
- Online
- Emailing the form to [email protected]
- Mailing it to the USCIS Ombudsman office
Step 3: Receive a case number
Upon submission of your request, the Ombudsman will assign a case number and send an acknowledgment email to the provided address.
The Office of the Ombudsman aims to review all incoming case assistance requests within 30 days and strives to address 90% of cases within three months.
Filing a Lawsuit Against USCIS
In certain instances, despite assistance from the CIS Ombudsman, USCIS may unreasonably prolong the adjudication of an immigration case beyond mandated timeframes. If this occurs, you might consider filing a writ of mandamus in U.S. District Court against USCIS. This federal lawsuit requests the court to compel USCIS to act on your immigration case. While not applicable to all immigration filings, it proves effective in many cases. To succeed in such a lawsuit, you must demonstrate USCIS’s unreasonable delay and resulting harm. If you’re facing USCIS delays, seeking legal advice is advisable. Consult with an experienced immigration attorney to determine if filing a writ of mandamus is the most suitable action. Immigration lawyers can assist with various aspects, including completing forms, online filing, and addressing processing delays in future immigration applications.
Conclusion
Thousands of people are facing long wait times for their immigration cases to be decided. Fortunately, there’s something you can do to speed up the process.
The USCIS Ombudsman is indeed an excellent resource that can help you navigate the complex immigration system. They provide pertinent information on seeking immigration benefits and speeding up your case. But filing case assistance to their office can only be a waste of time.
Suing the USCIS may be your best option. And our dedicated immigration lawyers here at Willberg Law can help you with that.
If you have any queries about whether the USCIS Ombudsman can help you or not, or if you experienced how the immigration services Ombudsman office did help you, contact us today! Give us a call at (786) 966-7800. Or you may send an email to [email protected]
Many individuals are experiencing prolonged wait times for their immigration cases to be resolved. Fortunately, there are options available to expedite the process. The USCIS Ombudsman serves as a valuable resource for navigating the intricate immigration system, offering guidance on seeking immigration benefits and accelerating your case. However, seeking case assistance from their office may not always yield desired results.
Filing a lawsuit against USCIS could potentially be the most effective recourse. Our dedicated immigration lawyers at Willberg Law are ready to assist you with this option. If you have questions about whether the USCIS Ombudsman can assist you or if you’ve had experiences with the Ombudsman’s office, feel free to reach out to us today at (786) 966-7800 or via email at [email protected].
