Texas Immigration Lawyer Blog

#USCIS proposes fee increase

I wrote a comment objecting to the increase in USCIS fees:

Comment:
I respectfully submit this comment opposing the proposed fee rule, DHS Docket No. USCIS-2021-0010.

Many of my clients struggle to save for filing fees at the present amount. Many immigrants have delayed making application for benefits for years because of the cost of the filing fees. Although fee waivers are available for some applications, applicants are also required to prove they will not be a public charge.

For example, currently a USC filing a petition for her spouse who then adjusts status, with an I-765 and I-131 is $1,760. A concurrent application will cost $2,990 (assuming the I-130 must be filed on paper to file concurrently). A USC who reaches age 21 whose parents are eligible to adjust status currently must pay filing fees of $1,760 for each parent (total $3,520). The increase to a total of $7,280 for both parents will cause many people to be unable to file, particularly where parents are older and will have more difficulty in proving they will not be a public charge.

The current length of adjudicating applications is also a heavy burden to immigrants. The delay in issuing lawful permanent residence also delays the date when the immigrant can apply to naturalize. The delay in removing the conditions from permanent residence or in issuing employment authorizations are unconscionable.

Although this might support DHS's argument for increased fees, there is no evidence to support the fact that higher fees will reduce the egregious processing times currently experienced by applicants. The costs of any fee increase should be applied to making adjudications more accessible and efficient, not to pay for enforcement or investigations, and should take into consideration the burden upon family unity.

I recognize that USCIS requires sufficient funding to adjudicate the millions of benefit requests it receives each year and, while its costs have increased, it has not adjusted its application and petition fees in approximately six years. We also acknowledge that USCIS recently exited a particularly difficult period during which Executive Branch policy initiatives impaired efficiency and exacerbated, to crisis levels, the processing backlogs with which the agency is still struggling. To make the agency’s situation even more challenging, the Covid pandemic profoundly affected its operations. Nevertheless, I believe the NPRM’s proposed fees are far beyond the amount reasonably necessary for USCIS to maintain efficient processing of newly filed cases while addressing its backlog.

Sincerely, Ms. Susan I. Nelson

USCIS substitutes "Assimilation" for "Integration" in Naturalization grant

USCIS Grant Opportunities

USCIS offers grants to non-profit organizations to prepare legal permanent residents for Naturalization. Yesterday, the name was changed from "Citizenship and Integration" to "Citizenship and Assimilation" grants. 

These are competitive grant opportunities for organizations that prepare lawful permanent residents for naturalization and promote civic assimilation through increased knowledge of English, U.S. history and civics.

This is an ominous and Orwellian change to a program meant to encourage citizenship in permanent residents. 

 

Immigration laws affect on Waco Texas resident and the need for reform

KWBU 

Story on the affect that immigration laws have had on Waco resident Eloisa Haynes and the need for immigration reform. 

The story includes a statement by Rep. Bill Flores (R-TX).

Migration Policy Institute: Frequently Requested US Immigration Stats

The Migration Policy Institute has gathered facts about immigrants and contemporary immigration flows to the United States in one place in Frequently Requested Statistics on Immigrants and Immigration in the United States. 

This Spotlight seeks to do so, providing some of the most frequently used current and historical facts and figures in easily accessible fashion. For example:

Which countries are the main sources for immigration to the United States? How many immigrants come each year? How many are already here? How many became US citizens last year? How many children live in immigrant families? How large are illegal immigration flows? Do immigrants have health insurance? How many immigrants live in poverty? How many are eligible to vote?

Naturalization Increases in Texas, U.S.

Texas Tribune by Julian Aguilar

If current trends continue, the federal government will approve nearly 18,000 more applications for citizenship this year than it did in 2010, according to data recently posted by U.S. Citizenship and Immigration Services. The agency is also likely to deny about 3,300 fewer.

During the 2010 fiscal year, the government approved about 619,000 of what it calls the N-400, its application for naturalization. That total includes about 9,800 military applications. Authorities denied about 57,000, including 750 military applications. This year, the government is on pace to approve about 637,000 and deny about 53,700.

The trends at Texas field offices follow those seen nationwide. In 2010, the field offices in Dallas, El Paso, Harlingen, Houston and San Antonio collectively approved about 48,900 applications and denied 4,610. Through April 2011 — seven months of the current fiscal year — the Texas offices have approved about 30,000 and denied about 2,500.

The data also shows that field offices in Texas border cities have far fewer applicants than those in the middle of the state. So far this year, the El Paso and Harlingen field offices have received about 2,300 and 1,970 applications, respectively. That’s compared to 11,550 in Dallas, about 12,900 in Houston and 5,700 in San Antonio.

The approvals and denials both fall far short of 2009 figures, however, when the agency approved about 742,000 applications and denied about 110,000.

Reason #1 for Legal Permanent Residents to Naturalize – Automatic U.S. Citizenship for LPR Children under 18

I have seen two families recently who have family members who have been legal permanent residents (LPRs) since they were children. They both were being held by Immigration and Customs Enforcement (I.C.E.) because of drug charges they plead guilty to as young adults.

One case had a happy ending, the other is still a nightmare. The difference in the cases? The father of one of the LPRs naturalized when she was under 18, and she was automatically a U.S. Citizen. We were able to have the I.C.E. hold dropped and are pursuing a Certificate of Citizenship.

In the other case, the young LPR is in Immigration detention without the ability to bond out while he is waiting to see an Immigration Judge. Unless he is able to have the drug case vacated, he will be deported and the Immigration Judge will not be able to consider his rehabilitation, that he is married to a U.S. Citizen, his involvement in his community or the fact that he no longer has connections with his country of birth.

Immigrating Legally? Good Luck

Reason Foundation diagram of the route to legal immigration (such as it is).

 Developed by Reason Foundation in collaboration with the National Foundation for American Policy

Colbert: 101 year old citizen proves that immigration system is not broken

Colbert Report "Eulalia proves that if you follow the rules there is a legal path to citizenship, and it takes less than 102 years."

USCIS introduces Citizenship Resource Center

The new Citizenship Resource Center has resources for learners, teachers and organizations on the Naturalization test, interview and procedures.