CISOMB_AnnualReport_to_Congress_2007__June_11_2007_ _Appendices E33542 6 Cisomb Annualrpt07 June 11 2007 Appendices
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Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 APPENDICES Appendix 1: USCIS Servicewide Domestic Data for Selected Application Types (FY 1992 – 2007 YTD), USCIS Performance Analysis System Data 1992 Total Service-wide Total Initial Receipts Approved Denied Percent Denied Pending (End of I-485 Adjustment of Status/Green 1994 Total 1995 Total 1996 Total 1997 Total 1998 Total 1999 Total 4,234,919 3,990,705 217,239 5% 656,065 4,498,017 4,009,598 278,930 7% 679,982 4,137,670 3,612,379 299,313 8% 987,484 4,878,930 3,917,624 347,822 8% 1,667,606 5,447,097 4,966,986 579,822 10% 1,651,850 6,276,857 4,485,217 468,332 9% 3,050,701 5,562,803 4,201,666 491,019 10% 3,891,365 5,398,594 4,513,318 706,151 14% 3,972,943 327,856 313,279 12,834 4% 120,353 385,547 353,880 14,613 4% 125,253 317,164 317,544 24,215 7% 121,067 577,719 339,399 18,168 5% 320,730 646,585 505,230 36,637 7% 435,250 759,500 448,044 29,930 6% 699,332 527,453 382,447 33,945 8% 808,507 456,233 264,753 35,137 12% 950,987 922,919 924,470 38,394 4% 130,735 736,483 776,174 54,155 7% 83,897 663,472 573,339 45,874 7% 181,740 630,138 573,456 55,707 9% 230,662 708,727 692,936 65,452 9% 241,745 886,053 703,925 59,897 8% 407,115 742,917 540,066 53,249 9% 554,275 466,044 401,052 48,487 11% 593,235 67,043 60,371 4,816 7% 4,316 50,721 55,450 4,666 8% 5,272 47,130 47,563 4,750 9% 6,961 51,511 48,935 6,180 11% 5,757 61,046 55,484 8,295 13% 6,743 68,824 61,367 7,508 11% 7,737 67,511 44,912 9,005 17% 20,309 78,879 50,498 8,585 15% 43,418 745,306 693,701 27,159 4% 48,794 801,083 643,403 33,007 5% 60,261 707,222 633,998 46,216 7% 44,135 864,991 790,074 56,966 7% 70,324 952,613 875,047 63,840 7% 76,674 1,160,680 1,037,412 68,130 6% 135,352 1,211,514 1,139,453 88,948 7% 114,722 1,357,320 1,192,727 65,027 5% 186,036 216,065 209,549 8,564 4% 11,490 261,596 247,701 14,302 5% 9,376 280,741 237,934 26,520 10% 27,615 283,013 254,937 28,520 10% 28,187 335,426 306,552 24,429 7% 33,757 384,508 334,571 21,887 6% 78,337 453,323 475,080 31,451 6% 42,418 449,438 368,664 29,690 7% 73,371 476,789 478,825 4,419 1% 54,086 715,248 677,563 4,142 1% 37,942 543,919 436,680 6,229 1% 200,324 460,753 533,237 9,934 2% 174,242 408,849 470,137 16,769 3% 44,446 321,107 248,562 11,447 4% 47,886 335,956 138,900 7,541 5% 167,578 359,578 250,034 9,352 4% 170,400 92,530 97,748 Initial Receipts 80,523 72,217 Approved 6,414 4,250 Denied 7% 6% Percent Denied Pending (End of 8,888 14,514 N-400 342,238 521,866 Initial Receipts Approved 242,740 346,692 19,293 39,931 Denied 7% 10% Percent Denied 199,385 269,192 Pending (End of N600/N643 Certificate of Citizenship Initial Receipts 28,335 27,963 24,027 24,069 Approved 1,169 1,725 Denied Percent Denied 5% 7% 14,164 14,111 Pending (End of 1 Servicewide Totals include all USCIS forms. 105,847 91,201 6,671 7% 20,286 112,578 94,228 3,701 4% 25,762 114,231 105,988 9,359 8% 23,187 95,468 92,526 6,918 7% 26,201 119,718 85,582 3,270 4% 54,005 107,422 88,873 4,070 4% 57,116 543,353 403,513 40,561 9% 314,236 959,963 459,846 46,067 9% 705,266 1,277,403 1,104,338 229,842 17% 684,069 1,412,712 582,478 130,676 18% 1,440,396 932,957 473,152 137,395 23% 1,802,902 765,346 872,427 379,993 30% 1,355,524 29,861 28,280 2,065 7% 10,439 33,749 26,390 1,856 7% 15,458 48,549 30,730 2,226 7% 30,267 81,645 61,932 4,764 7% 51,956 68,058 50,692 4,826 9% 64,443 61,162 52,956 5,350 9% 81,610 Initial Receipts Approved Denied Percent Denied Pending (End of I-130 Petition for Relative Initial Receipts Approved Denied Percent Denied Pending (End of I-140 Petition for Alien Worker Initial Receipts Approved Denied Percent Denied Pending (End of I-765 Employment Authorization Initial Receipts Approved Denied Percent Denied Pending (End of I-131 Travel Document Initial Receipts Approved Denied Percent Denied Pending (End of I-90 Application to Replace Green Initial Receipts Approved Denied Percent Denied Pending (End of I-751 Removal of Conditions on Residence June 2007 1993 Total 1 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 113 Citizenship and Immigration Services Ombudsman 2000 Total Annual Report to Congress June 2007 2001 Total 2002 Total 2003 Total 2004 Total 2005 Total 2006 Total Oct. 2006-Apr. 2007 1 Servicewide Total Initial Receipts Approved Denied Percent Denied Pending (End of I-485 Adjustment of Status/Green Card Initial Receipts Approved Denied Percent Denied Pending (End of I-130 Petition for Relative Initial Receipts Approved Denied Percent Denied Pending (End of I-140 Petition for Alien Worker Initial Receipts Approved Denied Percent Denied Pending (End of I-765 Employment Authorization Initial Receipts Approved Denied Percent Denied Pending (End of I-131 Travel Document Initial Receipts Approved Denied Percent Denied Pending (End of I-90 Application to Replace Green Card Initial Receipts Approved Denied Percent Denied Pending (End of I-751 Removal of Conditions on Residence Initial Receipts Approved Denied Percent Denied Pending (End of N-400 Initial Receipts Approved Denied Percent Denied Pending (End of N600/N643 Certificate of Citizenship Initial Receipts Approved Denied Percent Denied Pending (End of Page 114 6,058,298 5,716,542 770,762 12% 3,892,056 7,949,554 6,341,470 704,587 10% 4,815,869 7,137,988 6,405,391 796,206 11% 5,090,511 7,043,721 5,379,790 774,989 13% 6,073,156 6,017,694 6,289,682 885,540 12% 4,871,014 6,293,255 6,577,399 902,716 12% 3,793,841 6,317,159 5,795,111 943,779 14% 3,415,409 3,452,386 3,017,006 409,343 12% 3,486,838 562,021 483,863 80,268 14% 1,001,479 754,133 695,184 126,370 15% 971,866 710,244 764,252 97,603 11% 967,249 685,928 365,059 90,648 20% 1,231,321 601,757 604,246 138,903 19% 1,105,867 629,568 782,475 145,101 16% 891,495 606,425 826,974 166,064 17% 569,476 380,054 338,987 55,599 14% 580,507 597,569 342,260 41,208 11% 797,343 1,495,375 565,875 52,306 8% 1,585,410 714,232 695,433 77,264 10% 1,605,016 719,837 372,188 71,379 16% 1,875,108 697,950 690,642 116,289 14% 1,833,905 661,204 1,105,918 130,352 11% 1,276,598 747,012 777,222 127,875 14% 1,129,602 406,821 301,773 39,625 12% 1,228,079 96,001 89,583 8,908 9% 48,076 137,695 99,659 14,084 12% 68,928 104,361 93,533 35,866 28% 49,005 96,578 62,281 17,673 22% 67,585 80,348 67,552 18,294 21% 73,595 75,009 94,211 24,325 21% 32,414 140,158 104,168 19,699 16% 50,132 114,783 65,098 10,669 14% 92,356 1,451,527 1,325,840 65,785 5% 256,451 1,813,479 1,698,448 87,519 5% 267,329 1,745,976 1,573,842 134,551 8% 392,907 2,156,095 1,977,344 169,191 8% 430,306 1,640,703 1,694,623 206,236 11% 283,218 1,744,961 1,541,531 217,184 12% 274,368 1,462,583 1,188,770 186,826 14% 341,571 644,186 666,484 96,372 13% 212,150 522,054 442,421 26,005 6% 102,045 476,830 420,301 29,645 7% 116,562 471,366 447,628 31,829 7% 106,237 469,962 335,035 23,182 6% 217,603 452,026 520,517 37,539 7% 108,887 379,165 391,027 30,800 7% 60,770 371,880 318,021 29,649 9% 66,977 220,524 188,339 13,522 7% 84,301 705,086 706,196 11,976 2% 238,631 773,865 815,306 10,696 1% 257,628 880,462 668,660 9,411 1% 500,422 717,174 470,286 19,941 4% 761,953 630,663 1,071,443 40,035 4% 276,293 681,407 668,647 29,314 4% 244,226 680,957 632,121 50,360 7% 246,491 354,578 360,549 13,537 4% 206,308 103,937 88,044 3,872 4% 84,227 56,375 53,280 4,980 9% 76,965 99,752 91,157 7,342 7% 68,467 131,832 38,045 4,516 11% 159,708 163,395 115,281 7,643 6% 150,523 107,031 168,825 8,342 5% 63,054 132,952 135,328 11,252 8% 40,156 77,111 68,206 5,463 7% 57,486 460,916 898,315 399,670 31% 817,431 501,646 613,161 218,326 26% 618,750 700,649 589,728 139,779 19% 623,519 523,370 456,063 91,599 17% 628,025 662,794 536,176 103,339 16% 653,128 602,972 600,366 108,247 15% 552,296 730,642 702,663 120,722 15% 473,467 596,363 348,719 49,925 13% 692,504 71,468 56,990 7,762 12% 95,143 70,269 84,134 11,600 12% 76,454 69,943 88,312 11,243 11% 52,269 60,894 61,794 8,857 13% 43,284 59,519 61,866 8,487 12% 35,618 56,321 50,288 7,428 13% 36,536 60,021 58,766 7,873 12% 28,971 42,895 34,365 4,575 12% 35,618 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007 Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 Appendix 2: International Visits Australia. The Ombudsman traveled to Australia in mid-August 2006 to exchange views with Australian government entities regarding immigrationrelated issues such as migration, detention, integration, citizenship, processing, and customer service. The Ombudsman had extensive discussions with Australian immigration officials, including the Commonwealth Ombudsman, on practices and systems related to the delivery of information, public outreach, and resolving complaints. U.S. Embassy Canberra and the Consulate General Sydney arranged a full schedule of meetings with Australian officials, including with the public and national radio as part of the Embassy’s speaker program. The Ombudsman explained the role of this office and exchanged views on immigration. Among the government contacts the Ombudsman met in Sydney were the New South Wales (NSW) Deputy State Director, the NSW Detention Review Manager, officials of the Australian Migrant English Programme, and the Auburn Migrant Resource Center. In Canberra, the Ombudsman’s hosts included several Assistant Secretaries in the National Office, including the First Assistant Secretary in the Citizenship, Settlement, and Multicultural Affairs Division, and the Commonwealth Ombudsman. Canada. The Ombudsman met with Citizenship and Immigration Canada (CIC) officials and stakeholders about immigration best practices and processes. Best practices include: (1) a CIC values and ethics code; (2) senior public servants perform naturalization ceremonies; (3) two-year and six-week rotational assignments for domestic officers to work at CIC; (4) case conferencing where CIC officers share details of specific cases with other CIC officers to help clarify points and develop ideas; (5) call center operators having full access to CIC immigrant databases with case information; and (6) CIC plans to introduce email at its call centers as a way to inquire about case status and/or case comments and concerns. Italy. The Ombudsman visited Rome to review operations at the USCIS Rome District Office and to participate in meetings at the U.S. Embassy, International Organization of Migration Mission, Italian Ministry of Interior, and the UNHCR Regional Office. Issues identified include: (1) Military naturalization. Overseas operations facilitate USCIS efforts to conduct military naturalization ceremonies. Interviews to validate military naturalization applicants’ backgrounds are frequently conducted via video teleconference. (2) Refugee processing. USCIS obtains fingerprints for certain refugee applicants and conducts post-adjudication DNA testing for Form I-730, follow-tojoin refugee petitions, applicants. June 2007 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 115 Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 Appendix 3: USCIS Facilities Visited Page 116 Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Date Visited 9/11/2003 9/16/2003 9/18/2003 9/18/2003 9/19/2003 9/19/2003 9/23/2003 9/23/2003 9/24/2003 9/24/2003 9/25/2003 9/25/2003 9/26/2003 10/15/2003 10/15/2003 11/6/2003 11/6/2003 11/7/2003 11/7/2003 12/12/2003 12/23/2003 1/15/2004 1/15/2004 1/21/2004 2/11/2004 2/12/2004 2/13/2004 3/23/2004 3/30/2004 3/31/2004 3/31/2004 4/13/2004 4/13/2004 4/14/2004 4/15/2004 5/3/2004 5/3/2004 5/4/2004 5/14/2004 7/16/2004 7/21/2004 7/22/2004 43 44 45 46 7/26/2004 7/28/2004 7/28/2004 7/29/2004 Facility Administrative Appeals Unit New York District Office Miami Asylum Office Miami District Office Orlando Application Support Center Orlando Sub-Office Los Angeles Applicant Support Center Los Angeles District Office California Service Center Western Region Office Central Region Office Dallas District Office Texas Service Center San Antonio Application Support Center San Antonio District Office Detroit Applicant Support Center Detroit District Office Chicago Asylum Office Chicago District Office Washington District Office Baltimore District Office San Juan Applicant Support Center San Juan District Office Phoenix District Office Kansas City District Office Missouri Service Center National Records Center New York District Office Dallas District Office Central Region Office Texas Service Center Western Region Office California Service Center Los Angeles District Office San Diego District Office Chicago District Office Chicago Lockbox Chicago Asylum Office Tampa Sub-Office New York District Office Atlanta District Office USCIS Academy at the Federal Law Enforcement Training Center (FLETC) Vermont Service Center Eastern Region Office Eastern Forms Center Nebraska Service Center www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007 Citizenship and Immigration Services Ombudsman June 2007 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 7/31/2004 9/20/2004 9/20/2004 9/21/2004 9/23/2004 9/29/2004 9/29/2004 9/30/2004 10/12/2004 10/13/2004 10/14/2004 10/15/2004 10/28/2004 11/3/2004 11/4/2004 12/9/2004 12/10/2004 1/4/2005 1/4/2005 1/5/2005 2/22/2005 2/24/2005 2/28/2005 3/1/2005 3/2/2005 3/3/2005 3/21/2005 3/21/2005 3/21/2005 3/22/2005 3/23/2005 3/23/2005 3/24/2005 4/4/2005 4/5/2005 4/6/2005 4/7/2005 8/8/2005 8/8/2005 8/9/2005 8/9/2005 8/10/2005 8/10/2005 8/11/2005 8/11/2005 92 93 8/24/2005 8/29/2005 www.dhs.gov/cisombudsman Annual Report to Congress June 2007 Omaha District Office San Jose Sub-Office San Francisco District Office Anchorage District Office Seattle District Office Corbin Card Production Facility Pearson Contract Corbin Call Center Louisville Sub-Office Buffalo District Office Cleveland District Office Detroit District Office Chicago District Office Tampa Sub-Office Central Region Office Dallas District Office Philadelphia District Office Newark District Office Central Region Office Dallas District Office Dallas District Office Norfolk Sub-Office Washington District Office National Benefits Center National Benefits Center National Records Center Seattle District Office Dallas District Office Central Region Office Texas Service Center Texas Service Center Western Region Office California Service Center California Service Center Chicago Lockbox Vermont Service Center Vermont Service Center Eastern Region Office Phoenix District Office Phoenix Call Center Los Angeles District Office Los Angeles Call Center Los Angeles Lockbox Los Angeles Asylum Office San Diego District Office Chula Vista Satellite Office1 Boston District Office El Paso District Office email: cisombudsman@dhs.gov Page 117 Citizenship and Immigration Services Ombudsman Page 118 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 8/29/2005 8/31/2005 9/1/2005 9/2/2005 9/26/2005 9/27/2005 10/25/2005 10/26/2005 11/15/2005 11/17/2005 11/18/2005 11/20/2005 1/30/2006 1/31/2006 1/31/2006 2/1/2006 2/2/2006 3/1/2006 3/13/2006 3/15/2006 3/16/2006 3/28/2006 3/29/2006 4/18/2006 4/19/2006 4/20/2006 4/20/2006 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 4/21/2006 4/21/2006 5/12/2006 5/25/2006 8/3/2006 8/3/2006 8/28/2006 8/29/2006 9/13/2006 9/13/2006 9/14/2006 9/15/2006 9/15/2006 9/19/2006 9/25/2006 9/26/2006 10/3/2006 www.dhs.gov/cisombudsman Annual Report to Congress June 2007 Ciudad Juarez Sub-Office Houston District Office Dallas District Office Texas Service Center Orlando Sub-Office Miami District Office California Service Center California Service Center Hartford Sub-Office Chicago Lockbox National Benefits Center National Records Center Charlotte Sub-Office Atlanta District Office Atlanta Application Support Center Jacksonville Sub-Office West Palm Beach Sub-Office Pittsburgh Sub-Office Los Angeles District Office California Service Center Chula Vista Satellite Office New York District Office New York Tier II Call Center Portland, ME District Office Vermont Service Center St. Albans Sub-Office Field Support Center, Office of Procurement (Williston, VT) Eastern Region Office, VT Eastern Forms Center Orlando Sub-Office Dallas District Office Honolulu District Office Honolulu Application Support Center Kansas City District Office* Burlington Region Office* Des Moines Sub-Office* St. Paul District Office Chicago District Office Chicago Asylum Office Chicago Lockbox New York District Office Denver District Office Sacramento Sub-Office Office National Records Center email: cisombudsman@dhs.gov June 2007 Citizenship and Immigration Services Ombudsman 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Annual Report to Congress June 2007 10/11/2006 10/25/2006 10/27/2006 11/8/2006 11/14/2006 11/14/2006 11/29/2006 12/11/2006 12/12/2006 12/12/2006 12/12/2006 1/10/2007 1/18/2007 1/30/2007 1/31/2007 2/1/2007 2/1/2007 2/2/2007 2/12/2007 2/21/2007 2/21/2007 2/21/2007 2/22/2007 3/8/2007 3/17/2007 4/16/2007 4/17/2007 4/18/2007 4/18/2007 4/26/2007 5/8/2007 Newark Asylum Office* California Service Center* Sacramento Sub Office* Vermont Service Center* Digitization Center, Kentucky Tier 1, Call Center in Kentucky Los Angeles Asylum Office* Harlingen District Office Texas Service Center Dallas District Office Chicago Lockbox* Arlington Asylum Office* New York Asylum Office* Miami District Office West Palm Beach Field Office Tampa District Office Miami Asylum Office* Orlando Field Office New York District Office Newark District Office Office of Contracting in Burlington* Vermont Service Center* Philadelphia District Office Baltimore District Office Rome, Italy Field Office El Paso Field Office Oklahoma City Field Office National Benefits Center National Records Center Washington District Office Nebraska Service Center 1 Omitted from 2006 Report in error. * Offices visited by Ombudsman's staff members. June 2007 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 119 Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 Appendix 4: Homeland Security Act Excerpts Homeland Security Act Sections 451, 452, and 453 (6 U.S.C. §§ 271, 272, and 273) SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES. (a) ESTABLISHMENT OF BUREAU(1) IN GENERAL- There shall be in the Department a bureau to be known as the `Bureau of Citizenship and Immigration Services'. (2) DIRECTOR- The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who-- (3) (4) (A) shall report directly to the Deputy Secretary; (B) shall have a minimum of 5 years of management experience; and (C) shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security. FUNCTIONS- The Director of the Bureau of Citizenship and Immigration Services-(A) shall establish the policies for performing such functions as are transferred to the Director by this section or this Act or otherwise vested in the Director by law; (B) shall oversee the administration of such policies; (C) shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations; (D) shall establish national immigration services policies and priorities; (E) shall meet regularly with the Ombudsman described in section 452 to correct serious service problems identified by the Ombudsman; and (F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman's annual report to Congress within 3 months after its submission to Congress. MANAGERIAL ROTATION PROGRAM(A) Page 120 IN GENERAL- Not later than 1 year after the effective date specified in section 455, the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall-(i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one field office and one service center of such bureau. www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007 Citizenship and Immigration Services Ombudsman (B) (5) Annual Report to Congress June 2007 REPORT- Not later than 2 years after the effective date specified in section 455, the Secretary shall submit a report to Congress on the implementation of such program. PILOT INITIATIVES FOR BACKLOG ELIMINATION- The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 204(a) of the Immigration Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)). Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork. (b) TRANSFER OF FUNCTIONS FROM COMMISSIONER- In accordance with title XV (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455: (c) (1) Adjudications of immigrant visa petitions. (2) Adjudications of naturalization petitions. (3) Adjudications of asylum and refugee applications. (4) Adjudications performed at service centers. (5) All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455. CHIEF OF POLICY AND STRATEGY(1) IN GENERAL- There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services. (2) FUNCTIONS- In consultation with Bureau of Citizenship and Immigration Services personnel in field offices, the Chief of Policy and Strategy shall be responsible for-(A) making policy recommendations and performing policy research and analysis on immigration services issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Border Security of the Department. (d) LEGAL ADVISOR- June 2007 (1) IN GENERAL- There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services. (2) FUNCTIONS- The legal advisor shall be responsible for-(A) providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the Director of the Bureau of Citizenship and Immigration Services with respect to legal matters affecting the Bureau of Citizenship and Immigration Services; and (B) representing the Bureau of Citizenship and Immigration Services in visa petition appeal proceedings before the Executive Office for Immigration Review. www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 121 Citizenship and Immigration Services Ombudsman (e) Annual Report to Congress June 2007 BUDGET OFFICER(1) IN GENERAL- There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services. (2) FUNCTIONS(A) IN GENERAL- The Budget Officer shall be responsible for-(i) (ii) (iii) formulating and executing the budget of the Bureau of Citizenship and Immigration Services; financial management of the Bureau of Citizenship and Immigration Services; and collecting all payments, fines, and other debts for the Bureau of Citizenship and Immigration Services. (f) CHIEF OF OFFICE OF CITIZENSHIP(1) IN GENERAL- There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services. (2) FUNCTIONS- The Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials. SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN. (a) IN GENERAL- Within the Department, there shall be a position of Citizenship and Immigration Services Ombudsman (in this section referred to as the `Ombudsman'). The Ombudsman shall report directly to the Deputy Secretary. The Ombudsman shall have a background in customer service as well as immigration law. (b) FUNCTIONS- It shall be the function of the Ombudsman— (c) (1) to assist individuals and employers in resolving problems with the Bureau of Citizenship and Immigration Services; (2) to identify areas in which individuals and employers have problems in dealing with the Bureau of Citizenship and Immigration Services; and (3) to the extent possible, to propose changes in the administrative practices of the Bureau of Citizenship and Immigration Services to mitigate problems identified under paragraph (2). ANNUAL REPORTS(1) OBJECTIVES- Not later than June 30 of each calendar year, the Ombudsman shall report to the Committee on the Judiciary of the House of Representatives and the Senate on the objectives of the Office of the Ombudsman for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and-(A) Page 122 shall identify the recommendations the Office of the Ombudsman has made on improving services and responsiveness of the Bureau of Citizenship and Immigration Services; www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007 Citizenship and Immigration Services Ombudsman (2) Annual Report to Congress June 2007 (B) shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of the nature of such problems; (C) shall contain an inventory of the items described in subparagraphs (A) and (B) for which action has been taken and the result of such action; (D) shall contain an inventory of the items described in subparagraphs (A) and (B) for which action remains to be completed and the period during which each item has remained on such inventory; (E) shall contain an inventory of the items described in subparagraphs (A) and (B) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Bureau of Citizenship and Immigration Services who is responsible for such inaction; (F) shall contain recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers, including problems created by excessive backlogs in the adjudication and processing of immigration benefit petitions and applications; and (G) shall include such other information as the Ombudsman may deem advisable. REPORT TO BE SUBMITTED DIRECTLY- Each report required under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Secretary, Deputy Secretary, Director of the Bureau of Citizenship and Immigration Services, or any other officer or employee of the Department or the Office of Management and Budget. (d) OTHER RESPONSIBILITIES- The Ombudsman— (1) (2) (3) (4) (e) shall monitor the coverage and geographic allocation of local offices of the Ombudsman; shall develop guidance to be distributed to all officers and employees of the Bureau of Citizenship and Immigration Services outlining the criteria for referral of inquiries to local offices of the Ombudsman; shall ensure that the local telephone number for each local office of the Ombudsman is published and available to individuals and employers served by the office; and shall meet regularly with the Director of the Bureau of Citizenship and Immigration Services to identify serious service problems and to present recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers. PERSONNEL ACTIONS(1) IN GENERAL- The Ombudsman shall have the responsibility and authority-(A) to appoint local ombudsmen and make available at least 1 such ombudsman for each State; and (B) (2) to evaluate and take personnel actions (including dismissal) with respect to any employee of any local office of the Ombudsman. CONSULTATION- The Ombudsman may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman's responsibilities under this subsection. (f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES- The Director of the Bureau of Citizenship and Immigration Services shall establish procedures requiring a June 2007 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 123 Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 formal response to all recommendations submitted to such director by the Ombudsman within 3 months after submission to such director. (g) OPERATION OF LOCAL OFFICES(1) (2) IN GENERAL- Each local ombudsman-(A) shall report to the Ombudsman or the delegate thereof; (B) may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services regarding the daily operation of the local office of such ombudsman; (C) shall, at the initial meeting with any individual or employer seeking the assistance of such local office, notify such individual or employer that the local offices of the Ombudsman operate independently of any other component of the Department and report directly to Congress through the Ombudsman; and (D) at the local ombudsman's discretion, may determine not to disclose to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such individual or employer. MAINTENANCE OF INDEPENDENT COMMUNICATIONS- Each local office of the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services, or any component of the Bureau of Citizenship and Immigration Services. SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW. (a) IN GENERAL.—The Director of the Bureau of Citizenship and Immigration Services shall be responsible for— (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each (3) of its components; and (4) providing an analysis of the management of the Bureau of Citizenship and Immigration Services. (b) SPECIAL CONSIDERATIONS.—In providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consideration shall be given to— H. R. 5005—66 Page 124 (1) the accuracy of the findings of fact and conclusions of law used in rendering the decision; (2) any fraud or misrepresentation associated with the decision; and (3) the efficiency with which the decision was rendered. www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007 Appendix 5: DHS Organization Chart U.S. OF Department of Homeland Security Organizational Chart Executive Secretariat SECRETARY ________________ Chief of Staff DEPUTY SECRETARY Military Advisor MANAGEMENT SCIENCE & TECHNOLOGY NATIONAL PROTECTION & PROGRAMS Under Secretary Under Secretary Under Secretary HEALTH AFFAIRS INTELLIGENCE & ANALYSIS POLICY GENERAL COUNSEL Assistant Secretary LEGISLATIVE AFFAIRS PUBLIC AFFAIRS Assistant Secretary Assistant Secretary CHIEF PRIVACY CIVIL RIGHTS & CIVIL LIBERTIES INSPECTOR GENERAL Chief Financial Officer Assistant Secretary Chief Medical Officer TRANSPORTATION SECURITY ADMINISTRATION U.S CUSTOMS & BORDER PROTECTION Assistant Secretary/ Administrator Commissioner OPERATIONS COORDINATION Director Assistant Secretary FEDERAL LAW ENFORCEMENT TRAINING CENTER DOMESTIC NUCLEAR DETECTION OFFICE Director Director U.S. CITIZENSHIP & IMMIGRATION SERVICES Director CITIZENSHIP & IMMIGRATION SERVICES OMBUDSMAN U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Assistant Secretary Officer U.S. SECRET SERVICE Director Officer FEDERAL EMERGENCY MANAGEMENT AGENCY Administrator COUNTERNARCOTICS ENFORCEMENT Director U.S. COAST GUARD Commandant -Part of the former INS which was combined with part of U.S. Customs -Formerly part of the INS Immigration Services Division Approved 4/1/2007 -Newly created agency under Homeland Security Act As of June 6, 2007 from www.dhs.gov Office of the Citizenship and Immigration Services Ombudsman U.S. Department of Homeland Security Mail Stop 1225 Washington, DC 20528-1225 June 2007 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov Page 125 Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 Appendix 6: Biography of Prakash Khatri, Ombudsman Prakash Khatri was appointed as the first Department of Homeland Security (DHS), Citizenship and Immigration Services Ombudsman in July 2003 by Secretary Tom Ridge. The Ombudsman assists individuals and employers who experience problems with United States Citizenship and Immigration Services (USCIS). He also identifies systemic problems with USCIS processes and recommends solutions. Mr. Khatri has provided executive leadership, vision, and direction to this office from its inception as a one-person entity to its authorized total of 24 full time staff plus six contractor staff. As the Ombudsman, Mr. Khatri has made numerous recommendations to the Director of USCIS for changes to the immigration benefits process based on data collected through various outreach activities including: traveling to over 150 USCIS and other DHS facilities, meeting with DHS immigration officials, and conferring with countless private individuals and community based organizations. Mr. Khatri also meets with federal and state government leaders as well as stakeholder organizations to learn of the difficulties they experience with USCIS. In addition, Mr. Khatri has served as an advisor on numerous DHS immigration reform initiatives and acted in a key leadership role for the DHS Second Stage Review’s Immigration Policy Team. Mr. Khatri earned his B.A. from Stetson University (1981) and J.D. from Stetson University College of Law (1983). Mr. Khatri was admitted to the Florida State Bar in 1984, and at the age of 22 was the youngest attorney in the state’s history. He was among the first 35 members of the Florida Bar to pass the Immigration and Nationality Board Certification examination. Mr. Khatri subsequently served on the Florida Bar Immigration and Nationality Board Certification Committee where he developed and evaluated board certification exams. In private practice, Mr. Khatri spent almost two decades representing individuals and businesses from more than 100 countries in the area of immigration law providing strategic planning and visa processing advice to corporate clients. He also conducted immigration seminars in Taiwan, India, and South Africa. Mr. Khatri also worked for five years as Manager of Immigration and Visa Processing for Walt Disney World in Florida. While working for Disney, Mr. Khatri traveled to U.S. consular posts in more than 18 countries. At Disney, he developed and implemented an automated highvolume visa processing system and other innovations that reduced unnecessary paperwork and improved efficiencies related to handling employee visa applications. In addition to serving as a former President of the Central Florida Chapter of the American Immigration Lawyers Association, Mr. Khatri is a past President of the Asian-Pacific American Heritage Council of Central Florida. Page 126 www.dhs.gov/cisombudsman email: cisombudsman@dhs.gov June 2007
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