Where does that leave us attorneys and the public? It has been over a year since the recommendation and USCIS response.
Some events that have occurred that are not necessarily readily apparent to those who do not practice in this field are instructive. Taking these events into account, I am thinking there will be a major change coming up soon.
In early 2011, Warren Janssen, who was the Field Office Director at USCIS Cd. Juarez was transferred and promoted to Deputy Director of the Nebraska Service Center. One should think that that was Mr. Janssen's reward for combat duty in Cd. Juarez for so many years. I don't dispute that. Mr. Janssen has sacrificed a lot in Cd. Juarez and he deserves his new post. I think he is an excellent civil servant. However, I suspect the move emcompassed some strategic reasons as well. Mr. Janssen's move came after the Ombudsman's recommendation and the USCIS announcement of a working group on the concurrent filing issue.
For a while this issue went dormant until the late summer of 2011. USCIS had given several indications that something was in the works; however, to our disappointment, all signs pointed to a centralization of foreign filed I-601 adjudications to the United States, but this was to be done after the consular interview. This meant no concurrent filing. If anything, this would make things worse for Mexican cases since they would now have to wait normal processing and the rapid adjudication program in Cd. Juarez would be officially over. This centralization was scheduled to start implementation in November 2011. November came and went and nothing was announced one way or the other.
At around this time USCIS appears to have reduced adjudicatory staff in Cd. Juarez. It appears they reduced something like 75% of adjudicators there. This change appears to have been consistent with the USCIS plan to centralize I-601s adjudications in the U.S. We all felt the reduction in adjudicators at USCIS last year since cases were taking forever even for rapid adjudication. Rapid wasn't so rapid anymore.
A question arises: why would USCIS reduce staff at USCIS in anticipation of centralization only not to implement centralization and leave the new Field Office Director, Yolanda Miranda, hanging with no help for considerable time after the November plan?
The answer I suspect: the Administration had a change of heart and decided to go with the Ombudsman's recommendation and I have a feeling it will announce concurrent filing of I-130s and I-601s pretty soon.
What does concurrent filing mean for your clients? It means that the I-601 will be adjudicated while your client is still in the U.S. (for those who are already here, obviously). That shortens the time the immigrant will have to wait abroad from months to a couple of weeks to pick up the immigrant visa. In addition, any denials of the I-601 will give the immigrant two options, drop the process while still in the U.S., or appeal while still being home for dinner every night during the 2-3 years it takes AAO to adjudicate these appeals. This is not a guaranteed system however as the consulate can always discover new grounds that apply to the client which would necessitate a new waiver post-consular interview, but that's an issue for another blog.
I have my fingers crossed and I'm hoping USCIS will have an announcement soon. After all, elections are coming in about 10 months and the President needs the Latino vote.
