Dear Senator Leahy,
I am writing to you regarding my Employment-Based (EB) I-485 Adjustment of Status application (I-485). My EB I-485 receipt number is WAC-##-###-#####. My alien registration number is ###-###-###. I am extremely concerned regarding the delays in adjudication of I-485 cases at the California Service Center (CSC) of the United States Citizenship and Immigration Services (USCIS), formerly known as the Immigration and Naturalization Services (INS). According to CSC’s progress report, adjudication for I-485 cases has not shown any progress since 2002. The delay as of today’s date has reached 26 months. My research of published USCIS/BCIS/INS’ monthly reports in the year 2003 also revealed for that entire year, the CSC had only processed I-485 applications from November 16, 2001 to December 16, 2001. It is evident that the USCIS, especially the CSC, has failed to comply with legislations and Congress’ wish to adjudicate immigrant benefit cases within 6 months. Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigrant benefit cases. The failure of USCIS to comply with legislations has resulted in a class action lawsuit filed in the District Court of the District of Columbia (Complaint for Mandamus, Declaratory, and Injunctive Relief, Civil Action 03-2606, Judge James Roberson, Filed 22 December 2003).
Even though the USCIS is a government agency, it should never be above the law. Thus, I urge Senator Leahy to enforce legislations passed by members of the Congress and hold the USCIS to higher standards of service. I would also like to remind Senator Leahy of words by Thomas Jefferson, that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The unreasonable delay at the USCIS is unequivocally infringing upon my career and my pursuit of happiness. As a member of the Subcommittee on Immigration, Border Security, and Citizenship, I believe Senator Leahy will take appropriate actions to rein the USCIS.
Through the internet, I was able to find a group of concerned immigrants whom also filed their I-485s but find themselves in quagmire. Many of us have contacted members of the Congress for assistance. One of us was lucky enough to reach Representative Anna Eshoo and her assistant contacted Don Neufeld, Director of CSC for the USCIS on our behalf. I am submitting the correspondence between Representative Eshoo and Don Neufeld for your review. In his response, Don Neufeld mentioned the El Salvadoran receiving Temporary Protected Status (TPS) immigrant benefits before I-485 applications. It is revolting to think that many legal immigrants like who pay taxes, contribute to the American economy, and yet we still have no rights and regarded as low priority by the USCIS.
I also would like to bring to your attention that Don Neufeld is promising to reduce the processing time for I-485 to 12 months or less by the end of September 2004 after the CSC finishes El Salvadoran applications. On March 4, 2004, the USCIS announced it had finished adjudicating them. The newest USCIS progress report shows I-485 backlog improvement from the Texas Service Center (TSC), Vermont Service Center (VSC), but not the CSC. I encourage Senator Leahy to hold Don Neufeld accountable and improve the service at the CSC. Any further delays and broken promises would only create distrust among government agencies, its elected officials, and the people, whom the elected are supposed to represent.
In summary, I would like to request for Senator Leahy’s help to 1) contact the CSC of the USCIS and express frustrations with the I-485 processing delays; and 2) hold Don Neufeld to his promise and obtain specific plans to reduce the I-485 backlogs without more de-prioritizing of I-485 immigrant benefits.
I’m available for any comments at (###) ###-####. Thank you for your attention and your time.
- [Signature]
The Senate Subcommittee is Immigration, Border Security, and Citizenship. The House Subcommittee is Immigration, Border Security, and Claims.