Your Rights as a Constituent: Seeking Immigration-related Assistance from your Elected Officials


By: Ritu Chokshi

Introduction

The COVID-19 pandemic has caused a fundamental shift in immigration case timelines. Despite operations slowly returning to normal, long processing delays are still extremely common. When a federal agency has failed to timely adjudicate your case or if there is a change in circumstances that requires that your case be expedited, it is often useful to reach out to your local elected official and work with their immigration case liaison.

Assistance with Cases that are Outside Normal Processing Times

The trusted Chugh, LLP immigration team closely tracks the processing times for your pending petition. In certain cases, if the agency responsible is already processing cases filed after you, it will let you to submit an inquiry to check on the delay. Case inquiry forms will allow attention to shift to your pending case, sometimes resulting in hearing back from the agency within 15 days or in getting a decision on the pending petition.

However, due to recent delays caused by the pandemic, there has been a significant decrease in case inquiries directly leading to tangible results. In these cases, it is advisable to investigate with your immigration team, and potentially deciding to reach out to your Ombudsman’s Office or your elected official.

Assistance with Emergencies and Requests to Expedite

Each immigration agency has a list of criteria within which they may exercise discretion and process your case before people who filed prior to you. For example, if an application for work authorization was filed timely, USCIS may expedite its processing if a person or company can show that failure to expedite the case would result in “severe financial loss to the person or company.” Here losing a job or a company losing a contract due to the gap in employment authorization, may be sufficient to meet the expedite criteria.

Similarly, the National Visa Center, can review requests to expedite the immigrant visa interview where there is a “life or death medical emergency.” For example, if there is documentation to show that the person waiting for an immigrant visa is the sole caregiver for the petitioner who needs to undergo a critical surgery, they may consider expediting the interview so that the beneficiary may travel in time.

As these requests for expediting cases are discretionary, they may be denied or the agency may not be responsive to your request in time. When this occurs, another tool that your immigration team will review is if this is something your elected official may be able to get a second or faster review for you.

Reaching Your Local Elected Official

Both federal and state elected officials can help in reaching the federal agency where your case is pending.  The United States official website provides a list of elected officials, making it easy to understand who your local and state elected officers are.

U.S. senators answer to everyone within the state they represent and are therefore not bound by any additional or local geographical limitations. U.S. House Representatives and state legislators have geographically limited districts, and it is best to reach out to those that are within your district.

After identifying the elected official that is closest to you, it is recommended you visit their website and find the section outlining how they “Help with a Federal Agency.” Most elected officials’ website will either have a web or PDF form that you may download and submit to them via email, fax, or in-person.

It is important that your submission to the elected official be detailed and has the required documents or receipts related to your case. After submission, the immigration agency liaison within the office, will quickly email you back and start the process of getting responses on your behalf. You may call the office line notifying them of the situation and how you need their assistance, however, before contacting your elected official, it is essential you reach out to your immigration team and discuss all available options.

Conclusion

As a person or company residing in the United States, regardless of your immigration status, your elected officials are a resource when navigating federal immigration agencies. For assessing whether your case needs congressional intervention or questions related to expediting your case, contact your trusted Chugh, LLP immigration professional.

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