Immigration-related procedures can often be complex and intricate. A clear understanding of how these processes work behind the scenes can facilitate a smoother experience for clients. With this objective in mind, this article provides an overview of how United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) handle Immigration-related requests, based on a compelling piece from the American Immigration Lawyers Association (AILA).
To start, both the USCIS and DOS process immigration-related requests under the guidelines of the Freedom of Information Act (FOIA). The FOIA was established to provide individuals the right to request access to federal agency records or information, including immigration records.
USCIS is dedicated to a strict adherence to its First-In, First-Out (FIFO) policy for processing FOIA requests. This policy ensures fairness, and every request is given a tracking number for future references. While handling these requests, USCIS staff examines the request’s size, complexity, and the volume of potentially responsive records before categorizing it into one of the three tracks; simple, complex, or expedited. However, an interview with USCIS officials by the AILA revealed that due to limited resources, these requests could take much longer to process than the given timeline.
On the other hand, the DOS’s procedures for processing immigration-related requests differ somewhat from the USCIS. The DOS also uses the FOIA but in addition to this, they take advantage of an online portal known as the Consular Electronic Application Center (CEAC) to process passport and visa applications. This online tool facilitates real-time updates about case status, brings transparency and speeds up the application procedure.
Moreover, both USCIS and DOS record meeting minutes, which are often a crucial piece of evidence in legal proceedings. Obtaining these meeting notes can be challenging but not impossible. For USCIS, a FOIA request might suffice, whereas for DOS, the notes are only released upon a specific request by the applicant’s attorney, after the visa applicant’s interview at a U.S. Embassy or Consulate.
Approaching the Departments with a clear understanding of their specific procedures can result in a smoother application process. It can also aid legal practitioners in building strong, evidence-backed cases for their clients.
This article is a summary of the original blog post by the American Immigration Lawyers Association, which provides a more extensive look into the USCIS and DOS’s inner workings. We acknowledge their contribution to the immigration law knowledge-base and thank them for their insightful analysis.
To read the original AILA article, click the following link: https://www.aila.org/blog/foia-behind-the-scenes-how-uscis-and-dos-process-immigration-related-requests.
