The CIS Ombudsman has issued an update regarding its services for case assistance.
Receipt Delays
If more than 90 days have passed since you filed a petition/application with USCIS, you may submit a request for case assistance with the CIS Ombudsman, and our office will reach out to USCIS to resolve your issue. If less than 90 days have passed since you filed a petition/application with USCIS, the CIS Ombudsman will close your request. Please remember that before contacting the CIS Ombudsman, you must first try to resolve the problem with USCIS. Provide evidence of the contact with USCIS and the agency’s response, if available, when submitting your request for case assistance.
Biometrics Appointments
Current processing times for ASC appointments are affected by several factors, including varying capacity at ASCs. If your ASC appointment was cancelled due to COVID-19, and was not rescheduled within 45 days, you
may file a request for case assistance. If your ASC appointment was made for a location other than the one closest to your home, you are unable to travel to the designated location, and you asked USCIS to reschedule your appointment but no action has been taken within 45 days from the request, you may file a request for case assistance. Because USCIS has indicated it will not expedite ASC appointments, there are limited situations in which the CIS Ombudsman will reach out to USCIS. The CIS Ombudsman is closing the majority of these requests.
EAD Delays
If your Form I-539 application (not Form I-765 application) is pending beyond the posted normal processing times, you may submit a request for case assistance to the CIS Ombudsman. If your EAD is based on a Form I-539 (even if it was not filed at the same time), you must first look at the Form I-539 case inquiry date to determine if that application is outside of the normal processing times. Your EAD will not be adjudicated before your Form I-539 (regardless of the processing times for the Form I-765). The Form I-539 biometrics requirement that went into effect in March 2019 led to changes in the process. Previously, many nonimmigrant dependents had their applications approved at the same time as the principal nonimmigrant. This is no longer the case due to the biometrics requirement. The CIS Ombudsman has asked USCIS to look into the significant processing times discrepancy for Form I-539s pending at the California Service Center. The CIS Ombudsman understands that these delays cause many difficulties for applicants, not only regarding their work authorization, but also with driver’s licenses, health insurance, and the ability to travel.
If your EAD is based on a Form I-821D, you must look at the Form I-821D processing times to determine if your request is outside of the normal processing times. Your EAD will not be adjudicated prior to your Form I-821D. USCIS policy currently excludes applicants for Deferred Action for Childhood Arrivals from requesting expedited processing. However, if your Form I-821D is outside of the normal processing times, the CIS Ombudsman will inquire with USCIS about the status of your pending application.