How Congressional Representatives Can Help with Immigration Case

 

Many people don’t know that US Senators and Representatives can assist with immigration cases. In fact, members of Congress usually have one or more staffers liaising with the federal agencies that are responsible for immigration processing and enforcement, including US Citizenship and Immigration Services (“USCIS”), US Immigration and Customs Enforcement (“ICE”), and the US Department of State (“DOS”).  Although the Congressional members cannot force the agencies to make a particular decision or reverse a denial, they can put a spotlight on a case by their involvement. 

I recently attended a meeting for immigration lawyers with Congressional staff from local District Offices, including the offices of Representatives Nancy Pelosi, Ro Khanna, Anna Eshoo, and Barbara Lee, in Berkeley, California.  The Congressional staff encouraged constituents to reach out to their offices for support with immigration matters where there are major delays or hardship.

Congressional representatives can advocate for expedite requests in cases where there is a serious need for urgency. However, it’s essential to note that the reason for urgency must align with USCIS's accepted criteria, which include, but are not limited to:

  • Severe financial loss to a company or person, as long as the need for urgent action is not due to the petitioner’s or applicant’s failure to file the request or respond to requests for evidence on time;

  • Emergencies or urgent humanitarian situations;

  • Requests from nonprofit organizations (as designated by the IRS) that further the cultural or social interests of the United States;

  • Government interests, particularly those deemed urgent due to public interest, public safety, national interest, or national security concerns; and

  • Clear USCIS error.

The expedite request must be supported by compelling evidence to show it meets USCIS’s established criteria.

Each Congressional office manages requests differently. To initiate the process, constituents should contact their Congressional representative’s office and complete a privacy release form. This form gives the representative permission to access case details and liaise with the relevant agency on the constituent's behalf. Some offices offer this form on their website, while others require you to reach out for a copy. If English is not your preferred language, many Congressional offices provide translated forms, have staff members who speak various languages, or have partnered with LanguageLine to ensure effective communication.

Congressional staffers reported that USCIS has recently become very particular about signature matching, frequently returning privacy release forms if the constituent's signature does not match the one on file with USCIS. Additionally, if an employer filed the petition, the employer must sign the privacy release form to meet USCIS’s requirements.

Moreover, according to Congressional staffers, the mailing address on the privacy release form must match the one USCIS has on file. They advise constituents to file an AR-11 form with USCIS to update their address if needed before submitting the privacy release.

If you would like to find out who your Congressional representative is, you can use this link.

We encourage you to consider contacting your local representative if you are encountering serious delays or hardships in your immigration matter.  

This alert is for informational purposes and does not constitute legal advice. If you would like to discuss this option further, please contact us. 

 
Nadia Yakoob