Citizenship and Immigration Services Ombudsman

Annual Report 2004

June 2004

Homeland

Security

United States Senate United States House of Representatives

Committee on the Judiciary Committee on the Judiciary

Submitted to:
 

The Honorable Orrin Hatch, Chairman 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

The Honorable Patrick J. Leahy, Ranking Minority Member 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

The Honorable F. James Sensenbrenner, Jr., Chairman 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 

The Honorable John Conyers, Jr., Ranking Minority Member 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 

The Honorable Saxby Chambliss, Chairman 

Subcommittee on Immigration, Border Security and Citizenship 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

The Honorable Edward M. Kennedy, Ranking Minority Member 

Subcommittee on Immigration, Border Security and Citizenship 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

The Honorable John N. Hostettler, Chairman 

Subcommittee on Immigration, Border Security and Claims 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 

The Honorable Sheila Jackson Lee, Ranking Minority Member 

Subcommittee on Immigration, Border Security and Claims 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 
 

Citizenship and Immigration Services Ombudsman i

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

MESSAGE FROM THE OMBUDSMAN

Since my appointment on July 28, 2003 as the first Citizenship and 

Immigration Services Ombudsman, I have worked closely with my 

fellow leaders at the United States Department of Homeland Security 

(DHS) in identifying opportunities for recommending meaningful 

change to the existing immigration benefits system. Notably, I have 

been encouraged by the commitment of Secretary Tom Ridge and 

Deputy Secretary Jim Loy to serve the public by seeking creative 

approaches to solve many of the key problems that plagued the legacy 

Immigration and Naturalization Service in administering and delivering 

citizenship and immigration services. 

Earlier this year, while celebrating the first anniversary of the creation of DHS, Secretary Ridge 

reaffirmed the commitment to positively reform the existing immigration system by making 

Improved Customer Service for Immigrants one of DHS’s seven key priorities for the 

subsequent year. As such, the U.S. Citizenship and Immigration Services (USCIS), pursuant to 

recommendations made by my office, embarked on a series of pilot programs which will 

reengineer existing operations to substantially decrease processing times and create fast track 

options for the majority of applicants. Currently, four new pilot programs are being tested 

around the country, the results of which will be evaluated by my office to determine if the 

problems which spawned my recommendations have been resolved. 

The role of the Ombudsman, as I envision it, is to protect the interests of justice in the 

interactions between the government and its citizens, while echoing the sentiments of President 

George W. Bush that ‘as a nation that values immigration and depends on it, we should have 

immigration laws that work and make us proud.’ I have focused on recommending initiatives 

that enhance national security, create substantial efficiencies, and dramatically improve 

customer service. 

Although considerable advancement has been made to that end during the course of the past 

year, much remains to be done. Continued diligence is required on the part of my office and 

USCIS to identify and implement more efficient and responsive methods for providing 

immigration services which respect the dignity and value of individuals while simultaneously 

protecting against those who seek to cause us harm. 

As a nation with a rich immigration heritage, a significant challenge we face in the 21st century 

is forging a system that ensures the safety of our borders, yet welcomes through the golden 

door individuals qualified for admission into our country. As a naturalized citizen of this 

country, born in Zambia to parents of Indian descent, and having studied in England prior to 

immigrating to this great nation which I consider home, the sentiments captured in the adage, 

“Give me your tired, your poor, your huddled masses, yearning to breath free...I lift my lamp 

beside the golden door,” is a tremendous inspiration. To that end, it is my honor to serve as the 

first Citizenship and Immigration Services Ombudsman and to be given the opportunity to 

repay a small amount of the priceless gift that immigration has been to my family and me. 

 Prakash Khatri 

Citizenship and Immigration Services Ombudsman
EXECUTIVE SUMMARY 

Citizenship and Immigration Services Ombudsman ii

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

EXECUTIVE SUMMARY

The following report reflects activities for the period commencing from the appointment 

of the Citizenship and Immigration Services Ombudsman on July 28, 2003 through May 

30, 2004. 

Pursuant to Section 452 of the Homeland Security Act of 2002 (Public Law 107-296), the 

Office of the Citizenship and Immigration Services Ombudsman (Ombudsman) was 

created within the Department of Homeland Security (DHS). The Ombudsman’s primary 

function is to: 

• Assist individuals and employers in resolving problems with the U.S. 

Citizenship and Immigration Service (USCIS); 

• Identify areas in which individuals and employers have problems in dealing 

with USCIS; and 

• Propose changes in the administrative practices of USCIS in an effort to 

mitigate problems. 

The Ombudsman’s mission is to provide recommendations for resolving problems with 

USCIS, as encountered by individuals and employers. These recommendations shall 

ensure national security and the integrity of the legal immigration system, increase 

efficiencies in administering citizenship and immigration services, and improve customer 

service in the rendering of citizenship and immigration services. 

In fulfilling the mission, Ombudsman Khatri instituted a holistic approach, identifying 

and arranging priorities by the time and effort typically required to effect the 

corresponding change. In his first year, Ombudsman Khatri has focused on introducing 

recommendations which primarily involve changes to existing policies and procedures 

rather than the implementation of new statutory or regulatory solutions. This approach 

has resulted in the rapid implementation by USCIS of pilot programs aimed at immediate 

and dramatic benefits. In the upcoming year the Ombudsman will not only continue to 

introduce additional recommendations of this nature, but also focus on formulating 
EXECUTIVE SUMMARY 

Citizenship and Immigration Services Ombudsman iii

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

recommendations that require more time-intensive statutory, regulatory and/or 

infrastructure modifications. 

In identifying areas in which significant issues exist in the immigration system, the 

Ombudsman has focused on locating vulnerabilities and/or deficiencies in the areas of 

national security, customer service and process workflows. The most pervasive and 

significant issues identified during his first year were: 

• Prolonged Processing Times, 

• Limited Case Status Information, 

• Immigration Benefit Fraud Resulting in Processing Delays, 

• Insufficient Standardization in Processing, and 

• Inadequate Information Technology and Facilities. 

During this first year, Ombudsman Khatri recommended specific initiatives that would: 

• Streamline Family-Based Immigrant Processing, 

• Reengineer Green Card Replacement Processing, and 

• Streamline Employment-Based Immigrant Processing. 

In response to the Ombudsman’s recommendations USCIS developed and initiated four 

corresponding pilot programs. These new programs are being monitored by the 

Ombudsman to determine if the problems that spawned the Ombudsman’s 

recommendations will be resolved by the USCIS responses. 

Ombudsman Khatri has notably received positive support from DHS and the cooperation 

of USCIS leadership. During this first year, Ombudsman Khatri visited over twenty 

USCIS facilities across the country, encouraging input from local USCIS management 

and staff. The Ombudsman engaged in numerous productive discussions with various 

interest groups, business leaders, community based organizations, non-governmental 

organizations and immigration law advocacy organizations. Correspondence received 

from the public affirmed an increasing national awareness of the Ombudsman’s pivotal 

role in improving the delivery of immigration services. 
EXECUTIVE SUMMARY 

Citizenship and Immigration Services Ombudsman iv

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

Between February and June 2004, the Ombudsman located and established his current 

office site and hired six of his seven authorized personnel for Fiscal Year 2004. 

Significant progress has been made in the formulation of an organizational plan 

encompassing the assignment, training, operations and administration of local 

Ombudsman offices. With the goal of performing a detailed analysis on the most 

pervasive and serious problems in the administration and delivery of citizenship and 

immigration services, the Ombudsman established an information collection and 

processing system. This system will provide automated data collection and tracking of 

customer complaints, allowing for more efficient identification of the systemic changes 

needed for delivery of problem-free immigration services. 

Based on the recommendations made and the USCIS responses to date, considerable 

advancement has occurred during the course of the first year in fulfilling the mandate set 

forth in Section 452 of the Homeland Security Act of 2002. The Ombudsman recognizes 

that continued persistence and diligence is required if positive change is to be effected 

upon the existing immigration system. 

President George W. Bush clearly stated, “As a nation that values immigration and 

depends on it, we should have immigration laws that work and make us proud.” The goal 

of the Ombudsman is a national immigration system that ensures the safety of our 

borders, yet welcomes individuals qualified for admission. To this end, the Ombudsman 

will continue to serve the public effectively by identifying specific methods to improve 

efficiency and the processing of requests for immigration benefits, while ensuring 

national security and upholding the integrity of the legal immigration system. 
Citizenship and Immigration Services Ombudsman v

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

TABLE OF CONTENTS

MESSAGE FROM THE OMBUDSMAN ............................................................... I

EXECUTIVE SUMMARY ................................................................................... II

BACKGROUND..................................................................................................1

Section 452 of the Homeland Security Act of 2002 ................................................1 

Ombudsman Vision, Mission and Approach...........................................................2 

SIGNIFICANT ISSUES IN CITIZENSHIP & IMMIGRATION SERVICES................4

Prolonged Processing Times....................................................................................4 

Immigration Benefit Fraud ......................................................................................5 

Limited Case Status Information .............................................................................6 

Insufficient Standardization in Processing...............................................................6 

Inadequate Information Technology and Facilities .................................................6 

IMPROVEMENT INITIATIVES RECOMMENDED BY THE OMBUDSMAN ............8

Streamlining Family-Based Immigrant Processing .................................................8 

Reengineering “Green Card” Replacement Processing.........................................10 

Streamlining Employment-Based Immigrant Processing......................................12 

MILESTONES AND GOALS..............................................................................14

Analysis of Significant Issues................................................................................14 

Assistance in Resolving Customer Problems ........................................................15 

Collaborative Interactions with Key Stakeholders ................................................16 

Human Capital and Infrastructure..........................................................................17 

CONCLUSION .................................................................................................19
BACKGROUND 

Citizenship and Immigration Services Ombudsman 1

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

BACKGROUND

The following report reflects activities for the period commencing from the appointment 

of the Citizenship and Immigration Services Ombudsman on July 28, 2003, through May 

30, 2004. 

The Homeland Security Act of 2002 (Public Law 107-296) (Act) created the Department 

of Homeland Security (DHS). The Act consolidated 22 previously disparate agencies 

into one unified organization. Two agencies, the Immigration and Naturalization Service 

(INS) and United States Customs Service were split up to create three distinct agencies. 

The interior enforcement elements of the two former agencies were combined to create 

the Bureau of Immigration & Customs Enforcement (ICE). The Inspections and Border 

Patrol functions were combined with the inspections parts of the U.S. Customs Service to 

create the Bureau of Customs and Border Protection (CBP). These two bureaus were 

placed under the Border & Transportation Security Directorate. The benefits side of the 

legacy INS was left intact and was elevated in significance to directly report to the 

Deputy Secretary of DHS and was renamed the Bureau of Citizenship & Immigration 

Services. The agency was subsequently renamed the U.S. Citizenship and Immigration 

Services (USCIS). The transition to DHS clarified the mission of USCIS and focused the 

agency on a single mission of effectively administering and delivering citizenship and 

immigration services. 

Section 452 of the Homeland Security Act of 2002 

Section 452 of the Homeland Security Act of 2002 created the Office of the Citizenship 

and Immigration Services Ombudsman (Ombudsman) within DHS to report directly to 

the Deputy Secretary of DHS in the same manner as USCIS. The primary statutory 

function of the Ombudsman’s office is to: 

• Assist individuals and employers in resolving problems with USCIS; 

• Identify areas in which individuals and employers have problems in dealing 

with USCIS; and 
BACKGROUND 

Citizenship and Immigration Services Ombudsman 2

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

• Propose changes in the administrative practices of USCIS in an effort to 

mitigate problems. 

Guided by these objectives, the Ombudsman operates in a unique role, advocating on 

behalf of the public for efficient and responsive immigration services while supporting 

the Administration’s efforts to serve the public effectively. The Ombudsman functions as 

both a public advocate and a public servant. 

Ombudsman Vision, Mission and Approach 

Given the immigration history of the United States and the significant responsibilities 

endowed upon USCIS to ensure immigration continues as a national policy, the role of 

the Ombudsman is pivotal. 

Vision: 

The Ombudsman’s vision to resolving problems will remain innovative, his mission 

unmistakable and his approach holistic. The nation faces the distinct challenge of forging 

an immigration system in the 21st Century that not only insures the safety of our borders, 

but continues to welcome individuals qualified for admission into our country. 

Ultimately, the Ombudsman envisions a transformation of USCIS into a first-rate 

“problem-free” organization providing superior services to qualified individuals in stateof-the-art facilities, utilizing the latest technology. 

Mission: 

An Ombudsman is one who protects the interests of justice in interactions between the 

government and its citizens. In exemplifying this role, the mission of the Citizenship and 

Immigration Services Ombudsman is to provide recommendations to resolve problems 

encountered by individuals and employers which: 

• Ensure national security and the integrity of the legal immigration system; 

• Increase efficiencies in administering citizenship and immigration services; 

and 

• Improve customer service in rendering citizenship and immigration services. 
BACKGROUND 

Citizenship and Immigration Services Ombudsman 3

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

The Ombudsman focuses on enhancing the administration and delivery of citizenship and 

immigration services by identifying problems and proposing recommendations to 

eliminate major systemic obstacles to efficiency. Further, the Ombudsman works 

closely with DHS leadership in providing policy, planning and program advice on 

immigration matters. 

Approach: 

In fulfilling the mission, the Ombudsman adheres to a holistic approach, identifying and 

arranging priorities based on the time and effort typically required to effect the 

corresponding change. In his first year, the Ombudsman has focused on introducing 

recommendations for changes to existing policies and procedures rather than 

recommending the implementation of changes to statutes or regulations. This focused 

approach has resulted in rapid implementation by USCIS of pilot programs aimed at 

immediate and dramatic benefits. In the upcoming year, the Ombudsman will not only 

continue to introduce additional recommendations of this nature, but also focus on 

formulating recommendations that require more time-intensive statutory, regulatory 

and/or infrastructure modifications. 
 SIGNIFICANT ISSUES 

Citizenship and Immigration Services Ombudsman 4

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

SIGNIFICANT ISSUES IN CITIZENSHIP & IMMIGRATION 

SERVICES

In an effort to identify the most significant issues experienced by the public in interacting 

with USCIS, Ombudsman Khatri visited several USCIS facilities representing a broad 

demographic composition. The purpose of these visits was to evaluate processes and 

operations, and to encourage input from both USCIS management and staff. Likewise, 

the Ombudsman invited members of various stakeholders, including business leaders, 

community based organizations, non-governmental organizations and immigration law 

advocacy organizations, to share experiences and ideas on improving the existing 

immigration benefits system. In addition, correspondence received by the Ombudsman 

from the public served to unequivocally affirm through a unified voice, widespread 

unfavorable trends in the administration and delivery of citizenship and immigration 

services. 

Prolonged Processing Times 

During the last fiscal year, USCIS received more than 7.1 million applications and 

petitions. As of October 2003, more than 6 million applications and petitions were inprocess. Based on the current workload and projections for new annual filings of 

approximately 6 million applications/petitions for Fiscal Years 2004 thru 20061

, USCIS is 

challenged with the task of efficiently and responsibly providing the public timely 

immigration services. 

It is difficult to grasp how immigration processing times can take months, even years, 

when similar actions a decade ago required only a fraction of the time. Due to the current 

extended processing times, individuals suffer lengthy separations from family members 

and experience difficulties in making long-term plans or commitments. Businesses 

endure excessive costs due to the uncertainty of when foreign employees may become 

available and a potential loss of commerce due to the inability of foreign customers to 

timely visit domestic suppliers. 

 

1

 U.S. Citizenship & Immigration Services Backlog Elimination Plan, June 16,2004, p6. 
 SIGNIFICANT ISSUES 

Citizenship and Immigration Services Ombudsman 5

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

USCIS has attributed two reasons for the prolonged processing times now occurring: 1) 

the additional national security responsibilities levied on USCIS after the tragic events of 

September 11th, 2001; and 2) the transition of USCIS to DHS. These security 

responsibilities created additional, mandatory security checks which often are recurrent 

due to limited validity periods. Further, the processing of interim benefits2

 (employment 

authorization and travel authorization) which generally are renewed on an annual basis, 

exacerbate the already extensive processing times and further perpetuate backlog growth. 

While these explanations are compelling, none fully overcomes the anxiety and 

aggravation individuals and employers experience during the many months and possibly 

years they await a final USCIS decision. In the private sector, customer services are 

expected to be rendered in a timely manner, especially if a fee has been paid. More than 

ever, as we progress into the modern age of the 21st Century, it should be reasonable for 

the public to expect the same level of customer service from a government agency as 

would be expected from a commercial vendor. 

Immigration Benefit Fraud 

The steady increase of denials issued for immigration benefits provides disconcerting 

evidence that some individuals who file for immigration benefits are not in fact entitled to 

them. Given the existing backlog and current processing delays, unscrupulous 

individuals can take advantage of the situation and submit frivolous filings, consequently 

receiving interim benefits while the primary application potentially sits for years, 

awaiting prima facie review, interview and final decision. Thus, a fraud perpetrator is 

given an opportunity to establish roots and build equity in the community. National 

security and the integrity of the legal immigration system are dependent upon early 

detection of ineligible individuals, therefore preventing them from receiving any

immigration benefits. 

 

2

Application for Employment Authorization (Form I-765) and Application for Travel Document (Form I-131). 
 SIGNIFICANT ISSUES 

Citizenship and Immigration Services Ombudsman 6

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

Limited Case Status Information 

Aggravated by inordinate processing periods, individuals and employers alike are 

frustrated by the limited availability and accessibility of case status information. 

Currently, customers are furnished only an approximate time typically required to 

complete a particular application or petition. Nonetheless, in the event a customer is 

either not processed within the forecasted timeframe or has a unique issue or concern, the 

means by which to obtain specific information or the necessary assistance at that juncture 

is arduous. Customers resort to generating numerous telephone calls to USCIS and/or 

making frequent visits to USCIS facilities and finally opt for congressional assistance in 

determining the status of pending cases. 

Insufficient Standardization in Processing 

Citizenship and immigration benefits are governed by the Immigration and Nationality 

Act (INA) of 1952 (as amended). The INA is federal law to be administered equitably 

across the country. Unfortunately, three factors result in non-uniform application of the 

immigration laws and inequitable treatment of similarly situated individuals. First, 

statutory discretion is not exercised in a consistent manner by all USCIS offices. Second, 

USCIS faces an operational maze of legislative amendments to the INA, judicial and 

administrative cases, regulations, internal procedures and policy memoranda. Third, 

processing times vary tremendously from one USCIS district to another. For example, a 

U.S. citizen who lives in Wisconsin and wishes to process an application for immigration 

for his child must wait 22 months for his application to be approved by USCIS. 

However, a similar individual who lives in Pennsylvania will only wait seven months for 

USCIS to approve his application. These inconsistencies result in inequitable application 

of the law and severely impact immigrants and their families. 

. 

Inadequate Information Technology and Facilities 

USCIS does not operate in a predominantly automated environment, even in performing 

core functions such as file tracking or fee accounting. Multiple information systems 

currently utilized by USCIS are disparate and offer limited functionality. Further, forms-
 SIGNIFICANT ISSUES 

Citizenship and Immigration Services Ombudsman 7

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

driven case processing systems residing on several hardware and software platforms are 

not easily integrated and do not provide sufficient capability to obtain comprehensive 

information about an individual applicant. In addition to having antiquated information 

systems, some of the USCIS facilities are notably deteriorated, requiring modernization 

in order to promote better working conditions. The lack of adequate facilities impacts 

morale and productivity of the federal employees, and also affects the image of the 

government in the eyes of new immigrants and would-be citizens of this country. 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 8

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

IMPROVEMENT INITIATIVES RECOMMENDED BY THE 

OMBUDSMAN

In recommending improvement initiatives, the Ombudsman focused on strategies which 

could create substantial efficiencies and dramatically improve customer service, while 

simultaneously ensuring national security and legal immigration integrity. The most 

pervasive and significant problems encountered by individuals and employers continues 

to be Prolonged Processing Times. Immigration Benefit Fraud is also significant, 

because of the risk it poses to national security and the challenge it presents to the 

integrity of the legal system. 

In line with the commitment of Secretary Ridge to make Improved Customer Service for 

Immigrants a key DHS priority, USCIS recently embarked on a series of pilot programs 

based upon recommendations made by the Ombudsman. Currently, four new pilot 

programs are being tested around the country. The results will be evaluated by the 

Ombudsman to determine if national expansion of a pilot program is advisable or if 

additional clarification to the original recommendations is required. 

The three core USCIS programs tested in these four pilot programs comprise six of the 

most commonly used forms. These forms account for approximately 67% of the total 

pending workload and approximately 68% of USCIS annual filings during Fiscal Year 

2003. The recommended improvement initiatives captured herein offer immediate and 

dramatic benefits by reducing current workflow redundancies and processing times, and 

creating fast track options for the majority of applicants. 

Streamlining Family-Based Immigrant Processing 

At present, immediate relatives3 of U.S. Citizens, applying for lawful permanent 

residence evidenced by a Green Card4

 are subjected to extensive processing times, 

despite no statutory limitation being imposed upon individuals immigrating under this 

 

3

 INA Section 201(b)(2)(A)(i) defines “immediate relatives” as the children, spouses, and parents of citizens of the 

United States. 

4

Permanent Resident Card (Form I-551). 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 9

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

classification. Although corresponding processing times vary across the country, in 

certain USCIS offices, processing times have stretched in excess of two years. 

Additionally, while an immediate relative application package5

 for lawful permanent 

residence is pending, an applicant is eligible to apply for interim benefits6. These interim 

benefits must be renewed on an annual basis. Applicants for interim benefits are required 

by law to pay additional filing fees with each subsequent application. These interim 

benefit filings further perpetuate the already sizeable processing backlog. 

With this in mind the Ombudsman recommended to USCIS a one-step, front-end 

adjudication process whereby applicants would appear at a USCIS local office to file 

applications packages for permanent residence and be interviewed on the same day. 

Qualified applicants would be issued a Green Card within 90 days. In order to ensure 

equitable treatment, pending applicants would be given the opportunity to assume their 

place in this new line by resubmitting a duplicate of their original application including 

all required supporting documentation without fee when presenting the original receipt. 

This recommended workflow is intended to increase efficiencies as the need for interim 

benefits and recurring security checks are mitigated, thereby allowing appropriate 

redirection of now-available resources towards core backlog reduction efforts. Moreover, 

customers are spared the hassles of multiple visits to USCIS facilities and reap the 

satisfaction of immediate results. National security and legal immigration integrity are 

enhanced since the bona fides of an application are established at the outset, thereby 

discouraging frivolous filings and preventing ineligible individuals from receiving any 

immigration benefits. In addition, duplicative efforts and labor hours are reduced, as 

applications are processed in a more streamlined manner. 

In response to this recommendation, USCIS launched a pilot project at its Dallas, Texas 

district office. This pilot project embodies the major elements of the Ombudsman’s 

recommendation and incorporates additional positive efficiencies and customer focused 

processes not originally proposed. The Ombudsman commends USCIS for these 

 

5

Application to Register Permanent Residence or Adjust Status (Form I-485), Petition for Alien Relative (Form I-130) 

and other required documentation. 

6

 See supra (2). 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 10

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

customer-focused additions to the one-step processing. Known as the Rapid Adjustment 

Pilot Program, this customer service initiative aims to complete Green Card processing 

within 90 days of filing, completely eliminating the need for repeated adjudication of 

interim benefits and the associated costs for qualified applicants who complete the 

process within the given timeframe. 

In addition to the implementation of the pilot program, USCIS has also introduced 

INFOPASS, a new internet-based appointment scheduling system in Dallas. This system, 

originally introduced at the USCIS Miami, Florida district office, is now being employed 

at a number of USCIS locations. INFOPASS allows applicants to schedule appointments 

through the local USCIS internet web site, resulting in a more efficient and respectful 

way to manage crowds and coordinate USCIS work schedules. 

The Ombudsman recently forwarded a recommendation to USCIS to rapidly expand on 

the innovative Dallas pilot program. It is demonstrating itself as a viable means for 

achieving greater operational efficiency with existing assets. It also eliminates the need 

for processing interim benefits, thus reducing potential security risks due to the fraud 

potential and the insecure nature of the interim benefits documents issued by USCIS. 

With the reduction of interim benefits applications and recurring security checks, USCIS 

personnel and other resources can be reallocated to focus on core backlog reduction 

efforts. 

Reengineering “Green Card” Replacement Processing 

Green Card replacement applications7 are the fourth most prevalent type of filings 

processed by USCIS, comprising approximately ten percent (10%) of all applications and 

petitions received by USCIS. Replacement applications must be filed when a Green 

Card has been damaged, lost or upon expiration (cards are valid for ten years). In order 

to replace an existing Green Card, an individual is subjected to lengthy processing times 

ranging anywhere from approximately ten to twelve months. This delay in processing 

poses severe hardship on individuals who are required by law to present their Green Card

for employment, travel and other similar interactions. 

 

7

 Application to Replace Permanent Card (Form I-90). 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 11

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

The processes employed by USCIS for Green Card replacement are inherently 

inefficient, requiring personnel to perform duplicative functions and recurring security 

checks. Under current operations, customers must appear at one of two types of USCIS 

facilities (depending upon the nature of the Green Card replacement) where a 

government representative verifies the customer’s identity and immigration status, and 

also performs requisite security checks. The application is then forwarded to yet another 

USCIS facility where the information is data-entered and recurring security checks are 

performed while the application remains pending, awaiting final decision. 

Since an application for Green Card replacement merely serves to replace evidence of 

status already granted, the Ombudsman recommended to USCIS a one-step, front-end 

process whereby applicants would appear at a USCIS local office where identity would 

be verified, status confirmed, security checks performed, and a preliminary decision 

rendered. Consequently, the replacement Green Card would be fabricated and issued 

within 90 days for qualified applicants who complete the process within the given 

timeframe. 

This recommended process is anticipated to create efficiencies by minimizing duplicative 

efforts at multiple USCIS facilities and enabling a more efficient distribution of resources 

to focus on core backlog reduction efforts. Moreover, national security and legal 

immigration integrity are enhanced since the need to issue temporary evidence of lawful 

permanent residence, which historically has not been particularly fraud resistant, can be 

minimized. Additionally, individuals find great satisfaction in timely, customer-friendly 

processing. 

Upon review of this recommendation, USCIS initiated a pilot program at the Los 

Angeles, California district office to reengineer and automate its current operational 

procedures in processing applications for Green Card replacement. The program is being 

monitored by the Ombudsman to determine if the problems that spawned the 

Ombudsman’s recommendation are resolved by the USCIS response. 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 12

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

Streamlining Employment-Based Immigrant Processing 

At present, non-citizens with employment skills needed by American employers are 

subjected to extensive processing times and potential loss of employment opportunity 

when applying for lawful permanent residence or a Green Card. Average processing 

times are a cause for concern, as these are well over twelve months. Additionally, while 

an employment-based application package8

 for permanent residence is pending, an 

applicant is eligible to apply for interim benefits which generally are renewed on an 

annual basis, requiring the expenditure of additional filing fees with each subsequent 

application and perpetuating the already substantial backlog. Further, the current 

operational procedure employed by USCIS entails processing tandem applications and 

petitions through separate workflows. This processing method is inherently inefficient as 

it involves expending duplicative efforts. 

To address these concerns, the Ombudsman recommended to USCIS a one-step, frontend adjudication process whereby applicants would appear at a USCIS local office to file 

applications for permanent residence and be interviewed on the same day. Qualified 

applicants would be issued a Green Card within 90 days. In ensuring equitable 

treatment, pending applicants would be given the opportunity to assume their place in this 

new line by resubmitting a duplicate of their original application including all required 

supporting documentation without fee when presenting the original receipt. 

This recommended workflow is anticipated not only to promote national security and the 

integrity of the legal immigration system, but also to enhance customer service. 

Individuals are examined more thoroughly, yet reap the satisfaction of immediate results. 

National security and legal immigration integrity are also enhanced since the bona fides 

of an application are established at the onset, thereby discouraging frivolous filings and 

preventing ineligible individuals from receiving any immigration benefits. Further, 

efficiencies are enhanced, as the need for interim benefits and recurring security checks 

are mitigated. As a result, USCIS profits with an availability of otherwise expended 

resources which can be redirected towards core backlog reduction efforts. In addition, as 

 

8

Application to Register Permanent Residence or Adjust Status (Form I-485), Petition for Alien Worker (Form I-140) 

and other required documentation. 
 IMPROVEMENT INITIATIVES 

Citizenship and Immigration Services Ombudsman 13

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

applications are processed in a more streamlined manner, duplicative efforts and labor 

hours are reduced. Further, American employers will experience increased labor 

availability and productivity, while incurring reduced costs. 

In response to the original recommendation, USCIS recently introduced a pilot program 

at the California Service Center. The program is being monitored by the Ombudsman to 

determine if the problems that spawned the Ombudsman’s recommendation are resolved 

by the USCIS responses. 

In order to further perform a detailed analysis of the employment-based immigration 

problems reported by the general public, the Ombudsman requires access to specific 

statistical information. An example of the type of information necessary is how many 

individuals in each visa preference category have applied to adjust their status to lawful 

permanent resident and are currently awaiting a decision. This information has been 

requested from USCIS; however the Ombudsman was informed this information was not 

currently being maintained by USCIS. Subsequently, USCIS informed the Ombudsman 

that the information requested will be compiled for his use. Upon receipt of this 

information the Ombudsman plans to conduct this analysis and provide recommendations 

as appropriate. 
 MILESTONES AND ACCOMPLISHMENTS 

Citizenship and Immigration Services Ombudsman 14

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

MILESTONES AND GOALS

Since his appointment in July 2003, Ombudsman Khatri reached a number of significant 

milestones in the following core areas: 

• Effective Analysis of Significant Issues 

• Assistance in Resolving Customer Problems 

• Collaborative Interactions with Key Stakeholders 

• Efficient use of Human Capital and Infrastructure 

If the current immigration system is to be positively reformed, continued persistence and 

innovative problem-solving is required. Methods by which to provide efficient and 

responsive citizenship and immigration services must be identified and implemented. 

Also, the new methods must respect the dignity and value of individuals while ensuring 

national security and legal immigration integrity. 

Analysis of Significant Issues 

In examining the current immigration system, the Ombudsman focused on locating 

vulnerabilities and/or deficiencies in the areas of national security, customer service and 

process workflows. The most pervasive and significant issues identified at this juncture 

are: Prolonged Processing Times, Immigration Benefit Fraud, Limited Case Status 

Information, Insufficient Standardization in Processing, and Inadequate Information 

Technology and Facilities. Of these issues, the most far-reaching was and continues to 

be Prolonged Processing Times. Further, by reason of the risk to national security and 

the integrity of the legal immigration system, Immigration Benefit Fraud was likewise of 

considerable significance. 

In line with the commitment of Secretary Ridge to make Improved Customer Service for 

Immigrants a key DHS priority, Ombudsman Khatri introduced recommendations to 

USCIS on three improvement initiatives. These initiatives are intended to create 

substantial efficiencies in USCIS adjudication processing and dramatically improve 

customer service by creating fast track options for the majority of applicants. Inherent in 
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Citizenship and Immigration Services Ombudsman 15

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

these initiatives is the need to ensure national security and legal immigration integrity by 

detecting ineligible individuals upfront. In responding to these initiatives, USCIS is 

testing four corresponding pilot programs. The pilot programs are being monitored by 

the Ombudsman to determine if the problems that spawned the Ombudsman’s 

recommendations are resolved by the USCIS responses. 

The existing USCIS backlog has spawned the majority of problems encountered by 

individuals and employers. The Ombudsman will continue to collaborate with USCIS in 

reviewing its current processes, giving special consideration towards eliminating 

redundancies, streamlining workflows, and identifying innovative and efficient processes 

that will further mitigate Prolonged Processing Times and Immigration Benefit Fraud. 

The complaints and inquiries received from individuals and employers encompass a 

broad spectrum of immigration processing issues. The Ombudsman has reviewed these 

issues and has cataloged them into specific topical areas for further analysis as staffing 

for his office becomes available. These areas include, but are not limited to the 

processing of: 1) appeals within USCIS; 2) travel documents, including advance paroles 

and re-entry permits; 3) waivers to excludability; 4) temporary worker visas; 5) 

healthcare worker visas; 5) adjustments of status; 6) naturalizations; 7) employment 

authorizations; and 8) affidavits of support. In addition, the Ombudsman plans to review: 

1) the responsiveness of USCIS customer service systems; 2) the ability of individuals 

and employers to access and use USCIS e-filing systems; and 3) the USCIS records 

management system as it pertains to updating petitions and applications based on changes 

presented by individuals and employers during processing. 

Assistance in Resolving Customer Problems 

 The Ombudsman has received inquiries and requests for assistance from individuals and 

employers, all having a myriad of problems dealing with the immigration processing 

system. Most of the inquiries were as the result of customer frustration with the 

processing backlog. These inquiries became the initial data base from which systemic 

trends in the processing of applications and/or petitions for immigration benefits by 

USCIS were identified. 
 MILESTONES AND ACCOMPLISHMENTS 

Citizenship and Immigration Services Ombudsman 16

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

The Ombudsman is pleased to report that from the onset of operations in July 2003 to 

May 30, 2004, a total of 140 inquiries were received from the general public. 

Approximately 90% of these inquiries have been either forwarded directly to USCIS for 

resolution or returned to the initiator for lack of jurisdiction by the Ombudsman (e.g., 

inquiry concerning a Social Security Administration matter). 

In keeping with the legislation, the Ombudsman will make a determination of the 

sensitivity of the matter presented. The Ombudsman and USCIS have agreed that 

whenever the Ombudsman forwards an inquiry from the general public to USCIS for 

resolution, USCIS will resolve the matter within 30 days and notify both the individual 

making the inquiry and the Ombudsman of the result. As of the report date, there are 95 

Ombudsman-referred inquiries being reviewed by USCIS, and all of these inquiries are 

still within the thirty-day time window for USCIS action. Also, as of the report date, the 

Ombudsman had 15 general public inquiries currently in inventory, with these inquiries 

in the process of being reviewed for appropriate action. 

The Ombudsman is pleased with the response of USCIS in the handling of these general 

public inquiries. USCIS has worked closely with the Ombudsman in establishing a 

management information system specifically for receiving, transfer and tracking of these 

general public inquiries. This system is up-and-running and has proven successful. 

Collaborative Interactions with Key Stakeholders 

During this first year, Ombudsman Khatri visited more than 20 USCIS facilities across 

the country, encouraging input from local USCIS management and staff. In addition, 

Ombudsman Khatri engaged in numerous productive discussions with various 

stakeholders, community based organizations, business leaders, non-governmental 

organizations and immigration law advocacy organizations. Correspondence received 

from the public affirmed an increasing national awareness of the Ombudsman’s pivotal 

role in improving the delivery of citizenship and immigration services. 

DHS leadership, particularly Secretary Tom Ridge and Deputy Secretary Jim Loy, have 

provided the Ombudsman tremendous support. Recently, Secretary Tom Ridge identified 
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Citizenship and Immigration Services Ombudsman 17

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

seven key priorities for DHS. One of these key priorities is Improved Customer Service 

for Immigrants by means of a series of pilot programs instituted by USCIS and based 

upon the recommendation of the Ombudsman. The commitment of DHS to positively 

reform the existing immigration system is further evidenced by its 2004 Strategic Plan, 

which features the following goal: “Serve the public effectively by facilitating lawful... 

immigration” with a distinct objective to “provide efficient and responsive immigration 

services that respect the dignity and value of individuals.” 

The acceptance by USCIS Director Eduardo Aguirre of the Ombudsman as a partner in 

creating a 21st Century immigration system has been welcomed and appreciated. Further, 

the Ombudsman has valued the proactive and cooperative approach of Joseph Mancias, 

Jr., a senior executive, assigned by Director Aguirre to act as liaison to the Office of the 

Ombudsman. Several of the USCIS senior management have also shared opinions for 

positive change and have served as sounding boards for many of the recommendations 

proposed by the Ombudsman. Moreover, the Ombudsman respects the valuable opinions 

of those within USCIS who serve the public directly. The interactions with the “frontline” professionals of USCIS have been a significant tool in reaching the goal of a 

“problem-free” USCIS in the very near future. The Ombudsman will continue to visit 

USCIS facilities, directly observing operations and seeking the professional views of the 

local staff and management on methods by which to improve the existing system. 

The Ombudsman recognizes that creative solutions to the problems afflicting the current 

immigration system exist among the perspectives of the individuals and employers 

comprising the immigration customer base. The Ombudsman will continue to reach out 

to the public, as well as foster collaborative relationships established with stakeholders. 

Human Capital and Infrastructure 

Between February and June 2004, the Ombudsman located and established the current 

office site and hired six of the seven authorized personnel for Fiscal Year 2004. Also, 

significant progress was made in formulating an organizational plan to assign, train, 

operate and administer the local Ombudsman offices required by statute. With the goal 

of performing detailed analysis on the most pervasive and serious problems in citizenship 
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Citizenship and Immigration Services Ombudsman 18

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

and immigration services administration and delivery, an information collection and 

processing system has been established. This system will help identify the systemic 

changes needed for delivery of problem-free immigration services. 
 CONCLUSION 

Citizenship and Immigration Services Ombudsman 19

Report to Congress Pursuant to Section 452 of the Homeland Security Act – June 30, 2004 

CONCLUSION

Since his appointment on July 28, 2003, Ombudsman Khatri has worked closely with 

DHS and USCIS leadership in identifying opportunities for recommending meaningful 

change to the existing immigration benefits system. In line with the commitment of DHS 

to positively reform the existing immigration system by making Improved Customer 

Service for Immigrants a key DHS priority, USCIS is currently testing a series of pilot 

programs, based upon recommendations introduced by the Ombudsman, to reengineer 

existing operations so as to substantially decrease processing times and create fast track 

options for the majority of applicants. Upon evaluating the results of these pilot 

programs, the Ombudsman will determine whether national expansion is to be 

recommended. 

Although considerable advancement has been made during the course of the past year in 

fulfilling the mandate set forth in Section 452 of the Homeland Security Act of 2002, the 

Ombudsman recognizes that continued persistence and diligence is required if positive 

change is to be effected upon the existing immigration system. 

President George W. Bush clearly stated, “As a nation that values immigration, and 

depends on immigration, we should have immigration laws that work and make us 

proud.” Thus, the goal is a national immigration system that ensures the safety of our 

borders, yet welcomes individuals qualified for admission. To this end, the Ombudsman 

will continue to serve the public effectively by identifying methods to provide efficient 

and responsive immigration services that respect the dignity and value of individuals 

while ensuring national security and the integrity of the legal immigration system.