07/26/2023
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FOR IMMEDIATE RELEASE July 25, 2023
Contact: Longhorn Publications - (210) 414-0773 - [email protected]
Immigration Agency Rebuffs U.S. Citizens
American families wait nearly 4 years for action
SEATTLE, WA – The U.S. Citizenship and Immigration Services has rebuffed more than 250 American families in a Seattle federal court, saying it has no obligation to consider their applications that would allow their spouses to remain in this country.
The decision by the USCIS to snub the families is a new and apparently unprecedented example of the broken and dysfunctional U.S. immigration system. Under federal law, the USCIS is responsible for processing immigration and naturalization applications. Instead, the agency continues to collect money from the applicant families but refuses to take action on their cases, some of which have been pending for nearly four years.
Earlier this year, the families filed a class-action lawsuit—with more than 250 plaintiffs, asking a federal district court to intervene and order the USCIS to return to processing applications for a provisional unlawful presence waiver in a timely manner.
Charles Kuck, managing partner of Kuck | Baxter Immigration Firm, who is one of the attorneys representing the families, said: “USCIS wants the court to dismiss the lawsuit, arguing it has no legal obligation to decide a case—that the applicants have paid $715 (each) for—within any set period of time. And, in fact, it could decide to never adjudicate the case, and the court cannot make them.”
Meanwhile, family members of U.S. citizens continue to suffer as USCIS delays and delays, increasing processing times for form I-601A (provisional waivers), the attorney added.
USCIS processing times for I-601A waivers in 2018 was 4.5 months. It has since risen to 44 months, a nearly 10-fold increase.
USCIS foot dragging has real world consequences and implications: One plaintiff is a doctor, married to a native-born U.S. citizen, who has an approved USCIS form I-140 with a healthcare company located in a severely medically underserved area of south Texas. The doctor cannot legally assist the thousands of people who need medical help until USCIS acts on her I-601A waiver application.
When families and their attorneys ask about the mushrooming delays, USCIS continues to blame COVID and points to the opening of a service center earlier this year, which was supposed to help cut processing times. (The HART [Humanitarian, Adjustment, Removing Conditions and Travel Documents] Processing Center is a virtual facility that became active in January.) However, research shows that form I-601A processing times jumped to 44 months, from 36 months, after the HART service center came online.
Additionally, USCIS also has no explanation for applications that were processed out of order – hundreds of petitions that were filed in 2022 have already been adjudicated – which is two or three years after those involved in the lawsuit.
The office of U.S. Rep. Joaquin Castro, D-Texas, has asked the Biden Administration to take executive action to remedy the inhumane and immoral inaction by the USCIS. Thus far, no action has occurred.
For additional information about the invidiousness of the USCIS, and its incomprehensible and irresponsible inaction; including a copy of the class-action lawsuit, or to speak with attorneys or plaintiffs, please use the contact information above, or call or email attorney Charles Kuck at (404) 949-8154, or [email protected].
