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Immigration, Citizenship, Travel

How My Office Can Help
My office can assist constituents with immigration and citizenship applications already in progress. However, we can not initiate an application on behalf of constituents.

When a process is as lengthy as the immigration process is, there’s lots of time for things to go wrong. I do not have the authority to require that a specific application or petition be considered before those which were filed earlier, but I can help keep your petition on the right track. Here are some examples of problems for which my District Office can offer assistance:

  • Lost files that need to be reconstructed.
  • Original documents lost from files.
  • Change of address not reported to INS.
  • 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.
  • 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 electronically, please use the Online Casework Form, or call my District Office directly at 510-763-0370.

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: 

Spanish Speaking Citizen's Foundation      
1470 Fruitvale Avenue    
Oakland, CA 94601  
Phone: 510-261-7839

Please call my District Office at 510-763-0370 and the staffer handling this issue can provide you with more information on local resources at your disposal.

Application Delays
Many constituents contact my office because of delays in their immigration applications. It is important to understand that the naturalization process can take two years, sometimes more. This backlog is caused by the sheer number of applicants in queue, and by the complexity of the process itself. Before the process is complete, your file will pass through many hands at several locations. The process is lengthy in the simplest of applications, yet there are other factors which can cause even further delays. Some of them are:

Change of address
If you move and do not notify the INS of your change of address, you will not receive important notices from the INS. Not responding to the notices can cause your file to be closed.

Moving
If you happen to move from one INS servicing area to another, your file will have to be transferred to a location closer to your current address. If that office has a longer backlog, your file will get stuck in it.

Transferring files
Sometimes it takes an extraordinarily long time for one INS office to transfer a file to another office.

Lost files
There are special search procedures with mandatory waiting times in place. 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. If your prints expire because the process is taking too long (prints have a lifetime of 15 months), you will also have to submit a new set of prints and wait for clearance again.

Criminal record
If you have arrests or convictions that 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, it would be wise to have all documentation readily available.

Failing citizenship test
If you do not pass the citizenship exam, you may have to be retested at a later date.

FAQ

Can your office expedite my application?

Many people ask to have their applications pending at the INS to be "expedited." Sheer volume accounts for much of the backlog at the INS.

My office does not have the authority to require that a specific application or petition be considered before those which were filed earlier. The various INS offices keep my office informed of the current backlog for processing the various applications. My District Office can inform you of the normal processing time. If your application is pending beyond the normal processing time, I will be happy to make an inquiry on your behalf.

Many people ask to have their immigrant visas pending at the National Visa Center or American Consulates abroad "expedited." Immigrant visa applications for preference categories must by law and regulation be processed in strict chronological order according to the priority date. There is no provision in immigration law which would allow processing of an immigrant visa out of turn even for humanitarian reasons. The Department of State publishes a monthly Visa Bulletin which lists the date for which the consulates are currently issuing visas. The same information is available on a recorded message at (202) 663-1541. If your relative’s priority date is beyond the cut off date of the State Department, I will be happy to make an inquiry on your behalf.

Can you help with Visitors Visas?

My office does not have the authority to grant a visitors a visa and I cannot overrule a decision made by a consular officer. My office can only pass along information. Immigration law mandates that all nonimmigrant visa applicants are presumed to be intending immigrants unless they can establish otherwise to the satisfaction of the interviewing consular officer. The burden of proof is upon the applicants to convince the State Department that they have no intention of staying in the United States beyond the duration of the time period covered by their visa and that they have the financial resources to undertake the travel to the US.

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 INS location.
  • Sends you a Notice of Action which is your receipt. (It is an important document to keep until the naturalization process is complete.)

Fingerprints
The automated scheduling system at the INS Service Center will send you an appointment notice to have your fingerprints taken at an INS facility close to you.

The fingerprints are sent to the INS Service Center.

The Service Center transmits the data to the FBI.

The FBI notifies the INS 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.)
Consolidating the files

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 INS office closest to you and your file will be transferred to that office.

Interview
At the local INS office, an INS 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.

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.