Immigration

How my office can help:

My office can assist constituents with immigration and citizenship applications already in progress. However, we cannot initiate an application on behalf of constituents.

Please note that my office CANNOT provide you with legal advice. We can only make inquiries with U.S. Citizenship and Immigration Services (USCIS) to try to resolve any outstanding immigration concerns. Some examples of problems where we can help:

• Lost files that need to be reconstructed
• Original documents lost from files
• Change of address not recorded by INS
• Files not transferred or files lost during transfer when someone has changes address from one service area to another
• Cases where cross-chargeability is applicable but has not been applied
• Applications that are beyond normal processing time
• Petitions that need to be upgraded
• Age-out situations (beneficiary about to turn age 21)

To request assistance, please download the privacy form to submit to the caseworker and call my district office at 650-342-0300.

Can your office expedite my application?

No. Immigrant visa applications must by law be processed in chronological order according to the priority date. There is no provision which would allow processing of an immigrant visa out of turn. The Department of State publishes a monthly Visa Bulletin which lists the date for which they are currently adjudicating applications for each visa category. The same information is available on a recorded message at (202) 663-1541.  If you or your relative’s priority date is within the dates that are current for adjudication, my office can make an inquiry on your behalf.

External Citizenship and Immigration Resources

You can initiate an immigration or citizenship application by contacting United States Citizenship and Immigration Services online at www.uscis.gov or by calling 1-800-375-5283 (TTY 1-800-767-1833). 

In addition, free services are provided by local community agencies such as:

Bay Area Legal Aid:

(415) 982-1300
www.baylegal.org

San Francisco Office
50 Fell Street, 1st Floor
San Francisco, CA 94102

San Mateo Office
2287 South El Camino Real
San Mateo, CA 94403

If you need further information, call my district office at 650-342-0300 and an immigration caseworker can suggest other local resources available to you.

Application Delays

Please understand that the immigration process can take several years. The backlog is caused by the volume of applicants and the complexity of the process itself. Your file will pass through many hands at several locations and, even in the simplest of applications, there are factors which can cause further delays, such as:

Moving 

If you move and do not notify the USCIS of your change of address, you will not receive important notices from them. Not responding to the notices can cause your file to be closed. If you happen to move from one USCIS service area to another, your file will be transferred to a location closer to your current address. If that office has a longer backlog, your file will be delayed. It can sometimes take an extraordinarily long time for one USCIS office to transfer a file to another office.

Lost files

When a file is lost, there are special search procedures with mandatory waiting times. Sometimes files must be reconstructed.

Rejected or expired prints

It can take several months for fingerprint clearance to come back from the FBI. If your prints are rejected because they are unreadable, you will be asked to submit new prints.  In addition, every fifteen months you will have to submit a new set of prints and wait for clearance again.

Criminal record

If arrests or convictions show up on your background check, you will be asked for documentation regarding any court disposition.  If you have a police record of any kind, please have all documentation readily available.

Naturalization Process

Initial Processing:

• The application is received by the INS Service Center in Laguna Niguel, CA.

The INS Service Center:

• Cashes your check. (Keep your negotiated check. It is an important proof of filing.)
• Enters your application information on their computer system. 
• Requests your permanent file from the appropriate USCIS location. 
• Sends you a Notice of Action (I-797) which is your receipt. 
  (Keep this document until the naturalization process is complete.)

Fingerprints:

• The automated scheduling system at the USCIS Service Center will send you an appointment notice to have your fingerprints taken at an USCIS facility near you.
• The fingerprints are sent to the USCIS Service Center and the date is transmitted to the FBI for a background check.
• The FBI notifies the USCIS of the results. The fingerprints have a lifetime of fifteen months. If your prints expire before you are naturalized, you will be scheduled for another appointment.
• When the background check is complete and all information relating to your immigration and your naturalization application is in one comprehensive file at the Service Center, you will be scheduled for an interview at the USCIS office closest to you and your file will be transferred to that office.

Interview:

• At the local INS office, a USCIS officer will conduct the interview and test your basic understanding of English and knowledge of U.S. history and government. The officer may ask for additional information. If you do not pass the citizenship exam, you may have to be retested at a later date.

Oath Ceremony:

• When the file is complete, it undergoes a final review and a decision is made.  If naturalization is granted, the database is updated with the decision, the Certificate of Naturalization is printed, and the oath ceremony is scheduled. At the end of the oath ceremony, the new citizens are presented with their Certificate of Naturalization.

Non-immigrant / Visitor Visas

My office does not have the authority to grant a non-immigrant visitor’s visa and I cannot overrule a decision made by a Consular Officer. We can only communicate information to them. The burden of proof is upon the applicant to convince the State Department that they have no intention of staying in the United States beyond the time covered by their visa and that they have the financial resources to travel back to their home country.

Most visitor visas are denied because of a lack of adequate evidence establishing strong ties to their home country. In order to help us assist you with the non-immigrant visa process, please provide a letter summarizing your request with the applicant’s name, date of birth, passport number, the dates of any previous applications they have submitted for a non-immigrant visa and whether their applications were approved or denied and, if denied, the reason for denial. Also, please include the following:

• The purpose of the visitor’s trip (ie: business, holiday, medical etc)
• The specific time period the visitor plans to stay
• Ties to home country including spouse, children, parents etc. and whether any live in the same household and/or are financially dependent on the applicant
• Property ownership
• Whether the applicant is employed or collecting any pensions
• Is the applicant a student?
• If so, is s/he full-time and when does s/he graduate?
• Community involvement (church, social, philanthropic, elected office, etc.)

During the interview, documentation will be required to verify the above information.  Examples of documents are below. (Not all are required, however your case will be stronger if you have supporting documentation.)

• Copies of paid roundtrip airline tickets for the upcoming trip. 
• Letter from a U.S. business indicating the purpose of the trip, the visitor’s intended length of stay and the company's intent to pay travel costs.
• Letters from relatives or friends in the U.S. whom the applicant plans to visit.
• Confirmation of participation in a tour or an invitation to an event in the U.S.
• If the visit is for medical treatment, a statement from a doctor or medical institution.
• If the person is unable to financially support themselves during the visit, convincing evidence that an interested person will provide support and that the applicant can pay for the return trip.