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The US Citizenship and Immigration
Services (USCIS), the federal agency that handles immigration and
citizenship applications, proposed on Tuesday a substantial fee
increase to improve customer service and pay for increased security
measures. “America’s immigration system is under reform,”
said Eduardo Aguirre, USCIS director.
“This adjustment is necessary to deliver a more compassionate,
effective and secure system.” Aguirre said the increase will
be used to fund the full cost of providing immigration benefits,
adjudication and naturalization services. “Without it, the
applications backlog is certain to grow, processing times will lengthen
and service will deteriorate.”
The proposed increase, however, has been greeted with protest,
with the American Immigration Lawyers Association (AILA) saying
the estimated 55% increase in fees is “difficult to justify.”
Processing backlogs have reached crisis proportions, said the AILA
in a statement Tuesday, adding that the immigration agency’s
poor service and long waiting periods are already problems immigrants
and would-be citizens face. If approved, the rule will increase
immigration benefit application fees by an estimated $55 per application,
and increases the fingerprining fee by $20. An application for permanent
residency, under the proposed rule, will rise to $315, a $60 leap
from $255. Residents applying for US citizenship would have to pay
$320 from $260.
Atty. James Beirne of the Asian American Legal Center (Law Offices
of James Beirne) said “the USCIS should ensure that the proposed
increase would translate into better services by the agency. As
it is, foreign nationals are having a hard time dealing with the
immigration service since most of its undertakings are directed
to homeland security enforcement. Services are almost always ignored.”
Beirne, who said, the announcement is only the beginning of the
regulatory process, is urging readers and immigrant advocates to
send their views and comments to rfs.regs@dhs.gov or mail their
written comment to: Regulations and Forms Division, US Citizenship
and Immigration Services, Dept. of Homeland Security, 425 I St.
NW, Room 4034, Washington, DC 20536.
The USCIS, under Section 286(m) of the Immigration and Nationality
Act (INA), is allowed to collect fees at a level that will ensure
recovery of the full costs of providing adjudication and naturalization
services. However, it has to conform to the requirements of the
Chief Financial Officers Act and to the standards recommended by
the Federal Accounting Standards Advisory Board. Federal guidelines,
said Aguirre, require that the USCIS collect fees, rather than using
tax dollars, to recover the full costs associated with providing
immigration services, and conduct a review every two years to ensure
that adequate revenue is received.
The proposed adjustment, he added, will recover costs associated
with comprehensive security enhancements instituted after September
11, 2001, and enhance customer service by contributing to improved
application processing times. In its first year, the USCIS reported
that it conducted 35 million national security checks to make certain
that the right applicant receives the right benefit in the right
amount of time, and to prevent the wrong applicant from accessing
US benefits. The federal agency also reported that it managed to
eliminate the lines at many of its highest volume offices, adding
that it introduced online application filing and case status updates.
The proposed rule provides a 30-day public comment period and will
go into effect shortly after the USCIS has published a final rule
in the Federal Register, which will include a modified fee structure.
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