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Immigration Processing Delays

~ Emmanuel Samonte Tipon Esquire ~

July 20, 2018

CAUSES

The Obama administration and the Democrats are believed responsible for immigration processing delays. They want to have more Democratic voters. Birth rates are falling. The alternative is to bring more aliens to come to the United States. They want open borders. The illegal aliens are expected to become so grateful that they will vote Democratic. Many aliens have been voting according to reports. Democrats now control California. Gone are the days of Republican Governors like Arnold Schwarzenegger and Pete Wilson. The Democrats reportedly diverted immigration officers to process DACA and DAPA applications of illegal aliens instead of processing the immigration petitions of citizens and immigrants for eligible relatives and fiancees.

Now the Democrats refuse to enact an appropriations bill to fund the government if President Trump insists on building a wall on the southern border to prevent illegal aliens and illegal drugs from coming to the United States. What happened? There is a partial shutdown of the government. [Do you really care? Has it affected you?]. The Democrats, the pro-Democratic and liberal media blame Trump. How can Trump be blamed? Congress enacts the laws – including the appropriations law. The House of Representatives has not enacted an appropriations law. The President executes the laws. What can Trump execute if there is no law to execute? Trump cannot shut down the government. It is partially shut down because there is no appropriation for the salaries of non-essential personnel. [If these personnel are non-essential, why are they employed at all? Why are we spending hard-earned tax money to pay for “non-essentials”?]

EFFECTS

In the immigration field, the effects of immigration processing delays can be significant. The wife left behind abroad could meet another man and have an affair with him. In one case, a man had petitioned for his wife. When the wife arrived she was pregnant. The man had not seen his wife for more than two years. He knew how to count and was certain the child his wife was carrying could not be his. He wanted to have his wife deported. But the wife had a permanent resident card. It would be difficult to deport her. She is not a priority job for Immigration and Customs Enforcement.

In another case, an alien beneficiary of an immigration petition arrived excited to meet his wife who had petitioned for him. His wife did not meet him at the airport. His relatives who met him said that she had a problem and could not meet him. He was finally told that his wife had given birth to a child by another man and was now living with him. The alien hired a Caucasian immigration lawyer whom you sometimes see on television. The alien was placed in removal proceedings because he did not file a petition to remove conditions on residence before the 2-year period of his conditional residency expired. The Caucasian lawyer could not do anything. He did not even return the money paid to him. The alien came to us. We saved him from deportation and got him a green card and citizenship. He is now happily married.

Due to processing delays, if the petitioner dies before the beneficiary’s petition is approved, the petition dies with him. If the petitioner dies after the petition is approved, it is difficult if not impossible to get humanitarian reinstatement.

RELIEF


  1. Check Case Status on line by going to USCIS.gov.

  2. Write USCIS asking if there are any new developments in your case. Attach copy of the Notice of Action evidencing receipt by USCIS of your petition or application.     

  3. Ask the Demoncrats to provide adequate funds for the government Immigration Officers. It will benefit you when additional Immigration adjudicators are working to process your petition.

  4. Write your U.S. representative and senator to follow up your petition. Attach copy of the Notice of Action evidencing receipt by USCIS of your petition or application.     

  5.  Tell USCIS that you will file a "mandamus petition" to compel USCIS to act on your petition if you believe you can win. You must be prepared to carry it out. If your lawyer bluffs and does not carry it out, immigration authorities will not believe him anymore. Remember the boy who cried wolf.

Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. His current practice focuses on immigration law and appellate criminal defense.


This article is a general overview of the subject matter discussed and is not intended as legal advice. No attorney-client relationship is established between the writer and readers relying upon the contents of this article.