Get Help from the CIS Ombudsman

Navigating the complexities of U.S. Citizenship and Immigration Services (USCIS) can sometimes feel overwhelming. Applications often go awry, get stuck in the system, or get delayed inexplicably. This can be incredibly stressful.

The Office of the Citizenship and Immigration Services Ombudsman, established by the Homeland Security Act of 2002, offers help to resolve systemic immigration issues and individual case complaints where traditional USCIS channels fail to provide solutions. 

What Is an “Ombudsman”?

In government, an ombudsman is an official who investigates and tries to resolve complaints, usually though recommendations to a government agency.

Types of Assistance Offered by the CIS Ombudsman

The CIS Ombudsman may assist in cases such as:

• Undelivered USCIS notices or decisions
  Such as receipt notices, requests for evidence, appointment notices, or denial notices where USCIS systems indicate that it issued one, or instances where the U.S. Postal Service returned a card or document to USCIS as non-deliverable.
• Aging out of eligibility
  Certain cases where the beneficiary may “age out” of eligibility for the requested immigration benefit. See USCIS’ Child Status Protection Act (CSPA) page for additional information.
• U.S. military personnel
  Certain cases involving U.S. military personnel and their families.
• Improper rejections
  Applications and petitions that were improperly rejected by USCIS due to clear errors of fact or obvious misapplication of the relevant law.
• Typographical errors
  Typographic errors (such as the wrong name or date of birth) in immigration documents, such as Green Cards or employment authorization documents.
• Emergency or hardship
  Certain cases involving an emergency or a hardship that fall under the USCIS expedite criteria.
• Expedites
  Expedite requests approved by USCIS more than 2 months ago.
• Transfers to the Department of State
  Delays in sending approved petitions to the Department of State.

Limits to What the CIS Ombudsman Can Do

There are limits to what the CIS Ombudsman can do, including:

• Providing legal representation or counsel.
• Addressing disagreements with USCIS decisions.
• Overturning denied expedited processing requests.
• Correcting misinformation provided by third parties.
• Resolving issues related to departments outside USCIS.
• Cases where it has been fewer than 45 days since your congressional representative made an inquiry to USCIS

You Must Seek Help from USCIS First

The Ombudsman’s Office prefers that applicants to seek resolution through other channels before asking them to intervene. This allows them to focus their efforts on clients that truly need help. 

Before seeking Ombudsman assistance, it’s best to exhaust all available options with USCIS. This ensures that the Ombudsman focuses their efforts on cases most in need of intervention.

Check Processing Times and Case Status: Review the standard processing times for your application type on the USCIS website. Typically, the Ombudsman will only intervene on grounds of agency delay if your case exceeds these timelines. Exceptions include urgent cases, such as those involving removal proceedings or aging-out risks. Log in to your USCIS account to check your application status. Your USCIS lawyer can also help clarify any updates or recent changes.

Attempt a USCIS Case Inquiry: USCIS offers customer service options, though speaking directly with a representative may be challenging. The Interactive Voice Response system handles general queries, which may be frustrating for applicants whose concerns fall outside predefined categories. If you connect with a Tier 1 officer, they may escalate your query to a Tier 2 officer for further assistance.

How to Request Help from the CIS Ombudsman

If USCIS customer service fails to address your concerns or your case has exceeded normal processing times, you can file a request with the Ombudsman using these steps:

Prepare with the DHS Form 7001 Checklist: Gather all required documents and case receipt numbers before beginning the process. Your USCIS lawyer can assist with any questions.

Submit DHS Form 7001: Complete and submit the online form. While online submissions are preferred, you can also use email (cisombudsman@hq.dhs.gov), fax, or mail. Online submissions generate an automated confirmation email with your Ombudsman request number.

Await a Response: Once submitted, the Ombudsman will contact USCIS to address your concerns. They’ll notify you whether they can assist or provide updates based on USCIS feedback. If resolution isn’t possible, your USCIS lawyer can explore alternative options such as re-submitting the request, seeking intervention from lawmakers, or pursuing legal action.

How Our Law Firm Can Support You 

At Chodorow Law Offices, we understand the challenges and frustrations associated with USCIS delays. Whether you need guidance navigating the inquiry process or support elevating your case to the CIS Ombudsman, we’re here to help. Schedule a consultation today.