Let's revive this again
This was an effort made by a few great people in this forum back in 2004 in order to push for a time-limit increase on TD. Here’s the final draft of that written by one the prominent members of this forum. For those of you who would like to work on this, please feel free to do so. I have to excuse myself, as I will be going overseas for sometime.
Please take action and make live better for the millions who need this!
Good luck!
STEERING COMMITTEE ON ACTION-TRAVEL FREEDOM
[ADDRESS]
Mr. Eduardo Aguirre (no longer the one)
Director (with a rank of Under Secretary)
United States Citizenship and Immigration Services (“USCIS”)
Department of Homeland Security
425 I Street, NW
Washington, DC 20536
Re: Petition to Seek Regulatory Change and Expedite the Processing of Applications for Refugee Travel Documents
Dear Director Aguirre:
We the undersigned are members and supporters of the Steering Committee on ACTION-Travel Freedom, a volunteer unincorporated association of current or previous asylees or refugees. By previous asylees or refugees, we are referring to those of us who have become permanent residents after having adjusted from a previous asylee or refugee status.
We sought the protection of the United States of America from regimes or societies that have persecuted us. We live in our adopted country, paying taxes, obeying its laws and contributing to its economic and social life. Pursuant to Section 223.2(b)(2) of Title 8 of the Code of Federal Regulations (the "CFR"), we are required to apply for and secure a Refugee Travel Document ("RTD") from the USCIS to travel outside the United States on business or for social occasions.
On numerous occasions, you have stated that the basic mission of the new USCIS is to ensure that "the right applicant receives the right benefit in the right amount of time, while preventing the wrong individuals from obtaining benefits." Currently, those of us who are in the aforedescribed class of current or former asylees or refugees have to encounter and deal with the following:
1. It is taking a minimum of six months for the USCIS to process RTDs.
2. Pursuant to 8 CFR 223.3(a)(2), RTDs are valid for only one year.
3. Pursuant to 8 CFR 223.2(c), we cannot apply for a new RTD while a currently valid RTD is in our possession.
4. A number of countries require that, in order to grant entry visas, RTDs should be valid for at least six months from the date of visa application.
The cumulative effect of the processing backlog and the provisions of the aforementioned regulations is that for at least six months out of every year, it is effectively and practically impossible for us to travel overseas. As current or previous asylees or refugees, we cannot apply for passports from the very governments that have persecuted us in the past. Such will be an unconscionable choice. Furthermore, such action may constitute a re-availment of the protection of those regimes, thereby threatening our legal status in the United States.
Due to the aforementioned backlog in RTD processing, we have been forced to forego a lot of business and professional opportunities that are essential in earning our livelihoods, when, as is usually the case in such an interdependent world and globalized economy, our work obligations require us to travel oversees. Furthermore, we have also missed numerous planned family and social events in safe third countries. This issue is particularly pertinent to us as we cannot travel to our respective countries of origin. One of the few occasions for our loved ones to meet and see us in person is to arrange for such meetings in safe countries. In general, we feel "imprisoned" in the most free nation on earth.
We believe that the current RTD processing backlog and the restrictive duration of validity of RTDs infringe on our due process and equal protection rights to travel and earn a livelihood, free from unreasonable restrictions, that have been afforded to all persons by the United States Constitution. We also believe that the current process violates the spirit, if not the letter, of Article 28.1 of the United Nations Convention Relating to the Status of Refugees (the "Refugee Convention"), as made applicable to the United States by its accession to the 1967 Protocol Relating to the Status of Refugees.
We ask you to use the powers of your good offices to effect the following two regulatory and administrative changes that will go a long way in mitigating our situation:
1. Amend 8 CFR 223.3(a)(2) to make RTDs valid for five years or more.
One of the reasons for the backlog is the fact that we have to apply for RTDs every year. On numerous occasions, you have promised to look at and reform such unnecessary and repetitive procedures that create even more backlogs. USCIS’s recent decision to amend 8 CFR 274a.12 by extending the duration of validity of documents evidencing employment authorization by up to five years is a good precedent which we ask the USCIS to follow with regards to RTDs. By way of comparison, for instance, Canadian equivalents of RTDs are issued for five years.
2. Eliminate backlogs and expedite the processing of RTDs within four weeks of application.
We believe that where there is a will, there is a way. As has been evidenced in some of the initiatives you undertook over the last year or so, it will not be an impossible task to set an efficient process that will ensure the turnover of RTD processing within a four week period. This timeline is even more achievable if the duration of validity of RTDs is extended as discussed above, thereby significantly reducing the backlog created by the current framework.
We will be more than happy to discuss these concerns in detail with you and/or your delegate(s). We look forward to hearing from your agency on this issue of immense importance to all of us.
Sincerely,
Steering Committee on ACTION-Travel Freedom
By Its Members:
