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Page 94
http://www.ilw.com/immigdaily/news/2006,0705-ombudsman.pdf
USCIS Ombudsman
A. Case Problem Processing
1. How to Submit A Case Problem
The Ombudsman’s website,
www.dhs.gov/cisombudsman , provides detailed information
on how to submit a case problem:
First, please write a letter and provide the following information in the order below to
assist in identifying your case.
• For the person with the case problem, please provide the person’s: (1) full name;
(2) address; (3) date of birth; (4) country of birth; (5) application/petition receipt
number; and (6) “A” number;
• The USCIS office at which the application/petition was filed;
• The filing date of the application/petition; and
• A description of the problem.
Second, to protect your privacy, we need to verify the identity and the accuracy of the
information. Please date and sign your letter and include the following statement:
“I declare (certify, verify, or state) under penalty of perjury under the laws of the United
States that the foregoing is true and correct.”
In addition, please include either or both of the following, if applicable:
• If you are not the person whose case about which you are inquiring, you must
obtain the person’s (applicant’s or the petitioner’s) consent. The person should
include the following statement as part of the consent documentation submitted
with the case problem:
“I consent to allow information about my case to be released to [name of
requester].”
• If you are an attorney or accredited representative, please include a copy of your
USCIS Form G-28, Notice of Entry of Appearance as Attorney or Representative.
Finally, please mail your case problem, including your dated and signed letter and copies
of documents relevant to your case inquiry, to either of the following addresses:
Via regular mail:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Via courier service:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
245 Murray Lane
Washington, D.C. 20528-1225
2. Processing
When the Ombudsman receives a case problem, the information is reviewed, issues
analyzed, and an appropriate course of action determined. After this internal process, and if
there is a determination that the case requires a USCIS action or review, the case is electronically
forwarded to the USCIS/Customer Assistance Office (CAO) for USCIS resolution within 45
calendar days. If an answer is not forthcoming within 45 calendar days, the Ombudsman’s office
sends a follow-up letter via email to USCIS.
3. Assistance Available
a. Scope of Assistance
Many case problems seek to reverse USCIS decisions. However, the Ombudsman cannot
adjudicate immigration applications or petitions, or reverse adverse USCIS decisions.
Additionally, case problems cannot serve as substitutes for the legal options available to
applicants/petitioners/beneficiaries to correct problems. Finally, the Ombudsman cannot grant
immigration benefits or request that USCIS grant exceptions to statutory mandates (such as the
grant of a petition despite visa retrogression of the particular visa category.) The statutory
authority for these actions rests solely with USCIS. Although the Ombudsman cannot provide
legal advice, the office can give assistance in cases where the individual or employer is
challenging a particular result and USCIS has not timely responded, such as a motion to
reopen/reconsider or an appeal.
Additionally, the Ombudsman is charged with identifying systemic problems in the
immigration benefits process and proposing process changes to USCIS. Thus, individuals and
employers should submit comments and suggestions for improving USCIS processes and
procedures.
b. Jurisdictional Issues
By statute, the Ombudsman only accepts case problems that pertain to applications and
petitions for immigration benefits filed with USCIS. The Ombudsman does not have authority to
assist customers in cases that are not within USCIS jurisdiction.
