Neil F. Lewis, P.A. Immigration Attorney, Tampa Florida
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Much has been made lately about the recent untimely notice of the approval of visas for two terrorists involved in the cowardly 9/11 attacks.  These notices, which inform the school of the approvals of the visas for their students (the visas were actually approved in July and August 2001) have given rise to a tremendous torrent of abuse and vitriol directed at the INS.  It is no surprise that it is popular, in political circles, to accuse INS of incompetence or to bash them when something goes wrong.  It would seem that criticizing the INS makes everyone happy.  Those who wish to close US borders are happy because INS is being criticized for being too soft.  Those who utilize INS (immigrants and their families) are happy to see the organization they blame for shortcomings in the law take a hit or two.  There seems to be no downside to critiquing the INS. 

Action has been taken since the gaffe.  Four high ranking INS officials have been reassigned in the last week, in direct response to the criticism.  But cosmetic changes aside, although the politicos have been quick to address the latest symptom of problems with INS, no one has addressed the true disease that affects applications submitted to INS.

I want to make clear that I am writing about problems with adjudications and waiting periods at the Texas Service Center, a regional facility run by INS that handles certain applications and petitions submitted by those in the Southeastern United States.  Here in Tampa we are very fortunate to have an extremely efficient, effective, and responsive local office of the INS which serves our interests.  Under the leadership of Officer James Minton, in the last few years the local INS has seen the processing times for citizenship applications drop from two to three years, to six to eight months.  The processing time for petitions for immediate relatives has dropped from two years to ten months over the same period.  We have little to complain about locally.

However, when one submits an application to the Texas Service Center, such as an application for an extension of a vacation visa, or a petition for a non-immediate relative, it can sometimes seem that the submission has fallen into a black hole.  Anyone who has attempted to extend a vacation visa knows, if you apply for only a six month extension to your visa, the six months will pass before you have an answer, so you better apply for a one year extension.  These and other petitions and applications take a long time for many reasons, among which are changing priorities of INS and the limited funding and personnel at the disposal of the regional service centers.

Unlike most entities of the federal government, the adjudications branch of the INS is funded by the user fees collected from those filing applications.  There is one problem with this set up, however, and it is that Congress sometimes diverts monies collected by the adjudications branch of the INS to other areas.  Also, filing fees collected by INS often bear no relation to the amount of work or review needed to adjudicate a given petition or application.  So what happens is what we have.  An overworked, underfunded agency tries desperately to keep up with the expectations of Congress and the public.  It is no wonder that sometimes applications and petitions take a long time.  It is no wonder that sometimes applications and petitions disappear.  It is no wonder that occasionally a gaffe will happen that "shocks and dismays" those in power in Washington.  What is a wonder is why nothing will be done to fix the underlying problem.

 

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Neil F. Lewis, P.A.
505 E. Jackson Street - Suite 213, Tampa, Florida 33602
Tel: (813) 226-2144   Fax: (813) 226-2145  Email: neil@neilflewis.com 
 
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