Case Problem Submission Worksheet

OMB No. 1601-0004; Exp. 09/30/11 Case Problem Submission Worksheet (CIS Ombudsman Form DHS-7001) Department of Homeland Security CIS Ombudsman Instructions General Information. 1. Who May Use This Form? If you are experiencing problems during the adjudication of an immigration benefit with U.S. Citizenship and Immigration Services (USCIS), you can submit this worksheet form. You may also use this form to submit a case problem on behalf of somebody else who experiences a case problem with USCIS. If you submit a case problem on behalf of somebody other than yourself, you should ensure that the person the case problem is about (the applicant for a USCIS immigration benefit, or the petitioner who seeks to obtain an immigration benefit for a third party) consents to your inquiry (see Section 15). 2. Do I Have to Use This Form to Submit a Case Problem to CIS Ombudsman? You do not have to use this form to submit your case problem to CIS Ombudsman. However, by submitting a properly completed form, the CIS Ombudsman will receive the necessary information to process your case problem. If you do not use the form and do not provide us with the necessary information, you may experience a delay in the processing of your case problem. 3. When Should I Submit a Case Problem to CIS Ombudsman? You should contact the CIS Ombudsman if you have an ongoing or immediate issue with USCIS, such as: You are facing, or are about to face, an immediate adverse action or impact, an emergency or any other type of significant hardship caused by an action/inaction/delay in processing by USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS; Your case experienced processing delays beyond anticipated processing times; 4. Do I Have to Do Anything Before I Can Submit a Case Problem to CIS Ombudsman? It is best if you contact our office for assistance after utilizing other resources for case problems with USCIS, such as: USCIS Case Status Service Online at http://www.uscis.gov; Made an InfoPass appointment at the local office; Contacted the National Customer Service Center (NCSC) for assistance at (800) 375-5283. While we do not require that you take these steps before you contact our office, the above listed resources can resolve many frequently asked questions such as (1) what forms to file; (2) where to file a particular form; (3) how to notify USCIS of a change of address; (4) how to inquire about processing times at the various service centers or field offices or (5) how to receive case status updates. Additionally, certain information can be obtained from USCIS directly, such as information about individual immigration benefits. NOTICE: Please be aware that CIS Ombudsman cannot provide legal advice. Our office does not have the statutory authority to tell you what type of immigration benefit you may be eligible for or how to remedy your particular immigration situation. 5. What Are the General Filing Instructions for This Form? Type or print legibly in black ink. If extra space is needed to complete any item, please attach a continuation sheet and indicate the item section number. If you feel that a particular item does not apply, please indicate by writing "N/A." Please attach copies of any documentation you received from or sent to USCIS or any other government entity in relation to your case problem. Any additional documentation that is helpful to your case should be submitted. Do not send us original applications or original documentation. You will incur, or are about to incur, significant and unusual costs (including fees for professional representation that are not normally incurred); 6. Do I Need to Submit a Fee Along With This Form? Have not received a response or resolution within the anticipated time frames as published by USCIS. No fee is required. Please do not send us any fees. Form DHS-7001 (09/23/10) American LegalNet, Inc. www.FormsWorkFlow.com 7. Where Should I Send the Completed Form? Please mail your completed, signed and dated form, including supporting documentation, to the following address: Via Regular Mail: Citizenship and Immigration Services Ombudsman Department of Homeland Security Attention: Case Problems Mail Stop 1225 Washington, D.C. 20528-1225 Via Courier Service: Citizenship and Immigration Services Ombudsman Department of Homeland Security Attention: Case Problems 245 Murray Lane Mail Stop 1225 Washington, D.C. 20528-1225 Due to security concerns, mail is screened prior to being forwarded to our office. Please allow up to 14 days from the mailing date until our office receives your case problem. We confirm in writing the receipt of each case problem received within two to four business days. 8. What Assistance Does the Ombudsman Provide to Resolving Case Problems? Once we receive your case problem, we will review your case, determine if we are able to assist you, and if appropriate, forward your case to USCIS for resolution. If for some reason we are not able to help you obtain a resolution to your case problem, we will inform you of the reasons in writing. If another government office or agency is better able to assist you with your case problem, we will make every effort to provide you with the contact information of that office or agency. If you believe that our office should have accepted your case for assistance, you may resubmit your case problem with additional explanations as to why your case problem should have been accepted. 9. Can the Ombudsman Provide Legal Advice? CIS Ombudsman cannot: Adjudicate immigration applications or petitions; Reverse an adverse decision issued by USCIS; Serve as a substitute for legal options available to you to correct a problem; or Provide legal advice. NOTE: CIS Ombudsman only has jurisdiction to provide assistance resolving case problems that arise under the jurisdiction of USCIS. The Ombudsman is not able to provide assistance with case problems that arise under the jurisdiction of other agencies dealing with immigration-related issues, such as: The Immigration Courts and the Board of Immigration Appeals (BIA), which are part of the Executive Office of Immigration Review (EOIR); The Department of Justice (DOJ); Customs and Border Protection (CBP); Immigration and Customs Enforcement (ICE); Department of State (DOS), including the National Visa Center (NVC) and U.S. Embassies and Consulates; or Department of Labor (DOL). 10. Privacy Act Requirements. When you submit your information and case problem to the office of CIS Ombudsman, you are consenting to our review of your information and contacting USCIS on your behalf. You also consent to the release of your information to authorities within USCIS or any person acting on behalf of USCIS. In addition, it's the CIS Ombudsman's statutory mandate under the Homeland Security Act, Section 452, to capture and address systemic problems. As such, individual case problems serve as one of the basis to establish current systemic trends and problems individuals and employers experience during the immigration benefits seeking process. For this purpose, we will remove your personal information and use the remaining information collected for statistical purposes. The scope of your consent to release your information is limited to the furtherance of resolving the case problem associated with your case, and the capturing of declassified data to establish systemic immigration problems occuring at USCIS. (For additional information, please see Page 3 on these instructions, "Legal Notification Requirements: What Is Our Authority for Collecting This Information?") Specific Instructions. The following instructions will assist you in completing the form correctly. The items numbered below correspond to the section number of the form requesting the particular information: 1. Name of subject: The "subject" is the person the case is about. Please enter the person's full legal name (first, middle, last name). If the person possesses an alias, provide your alias by indicating "aka" and then listing the alias and all other legal names. 2. Contact information: Please provide the contact information of the person the case is about. If you are submitting the case problem on behalf of somebody else, please also complete Section 14. 3. Subject's date of birth: Self-explanatory. 4. Subject's country of birth and citizenship: Self-explanatory. 5. Alien ("A") Number: Provide your alien ("A") number, if applicable. Note that not every person has an alien number assigned by USCIS. For example, if you are seeking nonimmigrant status in the United States, you may or may not have an "A" number. The "A" number can be found on many frequently issued USCIS documents, such as work permits or Notices of Actions. Form DHS-7001(09/23/10) Page 2 American LegalNet, Inc. www.FormsWorkFlow.com 6. Type of case problem: Indicate whether the case problem concerns an individual or an employer. 7. Person preparing this form: Indicate whether the preparer of this form is the person the case problem is about ("the subject"), an organization, attorney/representative or whether you are completing this form in any other capacity (such as a friend of the family, friend, uncle, etc.). Important: If you are the beneficiary of an immigration application and the one submitting the case problem, you will need the consent of the individual who submitted the petition on your behalf ("the Petitioner"). In this case, you are (although the beneficiary) simply a representative of the Petitioner, and will need the consent of the Petitioner to submit this case problem (please see also Section 15). 8. Applications and petitions filed: List all applications/ petitions that are currently pending with USCIS and that pertain to the case problem you are experiencing. List the applications/petitions by identifying the date when the application/petition was received by USCIS (Receive date); the form number of the application/petition, which may be located on the lower right corner of USCIS form (e.g. , Form I-485); and the name of USCIS form (e.g. Application to Register Permanent Residence or to Adjust Status). 14. Designated Attorney/Representative: Please complete this section if you are an attorney, organization or designated representative who is submitting this case problem. You are also a representative if you are, for example, a friend of the person the case problem is about, and if you would like to assist the individual in resolving the case problem. 15. Consent: For privacy reasons, if you wish USCIS to disclose all the information in the file, we require the consent of the petitioner (the person who filed the petition with USCIS). As a general rule, the person who filed the application/petition with USCIS has to consent to the submission of a case problem to our office. This general rule, however, does not apply if the beneficiary is a lawful permanent resident or U. S. citizen. 16. Verification: If the person who submitted the inquiry is also the subject of the inquiry, this section should be signed and dated by the subject of the inquiry. If a person is the representative and acts on behalf of the subject the case problem is about, the representative should not sign and date the verification statement. 17. Declaration: If you are an attorney or representative submitting the case problem you should sign and date the statement. If you are submitting the case problem for yourself, and you are the subject of the case problem, you should sign this statement. 9. Receipt number: Provide the receipt number(s) for the application(s)/petition(s) currently pending with USCIS. The receipt number is located on the top left hand corner of your Notice of Action (Form I-797) you received from USCIS in response to the application/petition you filed. Please provide each receipt number associated with this case. 18. Submission of the worksheet form: Self-explanatory. 10. Immigration status or interim benefit Applied or Petitioned for: Provide information about the immigration status or the immigration benefit the person of the case problem is seeking (non-immigrant, immigrant, citizenship, naturalization, refugee or asylum status, work authorization, travel document, etc.) Section 1001 of Title 18, United States Code states that whoever willfully and knowingly falsifies a material fact, makes a false statement or makes use of false documents will be fined up to $10,000, imprisoned for up to five (5) years, or both. Legal Notification Requirements. 1. What Are the Penalties for Submitting Incorrect Information? 2. What Is Our Authority for Collecting This Information? Provide also the legal category of the immigration status you are seeking. If you are unsure about the category, submit as much information as you can in Section 12 of the form, Description of case problem. If possible, provide us with a copy of the application you filed with USCIS so that we will be able to determine what immigration category you are seeking. We request the information on this form to carry out our mandate as provided by Section 452 of the Homeland Security Act of 2002. We need the information to assist individuals and employers in resolving problems with USCIS; to identify areas in which individuals and employers have problems in dealing with USCIS; and to the extent possible, to propose changes in the administrative practices of USCIS to mitigate problems identified. 11. Source of case problem: Please choose the options provided that best describe the source of the case problem. When you submit your information and case problem to this office, you are consenting to our review of your information to our office and contacting USCIS on your behalf. With the submission of your case problem, you also consent to the release of your information to authorities within USCIS or any person acting on behalf of USCIS. In addition, it's CIS Ombudsman's statutory mandate under the Homeland Security Act, Section 452, to capture and address systemic problems. As such, individual case problems serve as one of the bases to establish current systemic trends and problems. For this purpose, we will remove your personal information and use only the remaining information for statistical purposes. 12. Description of your case problem: Please provide a detailed description of your case problem. If additional pages are needed, please attach them on separate sheets of paper. 13. Prior actions taken to remedy the problem: Check all the boxes that apply to the subject's or the representative's action(s) already taken to remedy the problem. Form DHS-7001 (09/23/10) Page 3 American LegalNet, Inc. www.FormsWorkFlow.com The scope of your consent to release your information is limited to the furtherance of resolving the case problem associated with your case and capturing statistical data to identify systemic immigration problems. You do not have to provide us with the particular information requested. However, if you omit certain information, our office may not be able to assist you, or the resolution of your case problem may be delayed. 3. Paperwork Reduction Act Notice. A person is not required to respond to a collection of information unless it displays a current valid OMB control number. The public reporting burden for this collection of information is estimated to average 60 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaing the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, including suggestions for reducing this burden to cisombudsman@dhs.gov. Do not mail your case problem to this email address. Form DHS-7001 (09/23/10) Page 4 American LegalNet, Inc. www.FormsWorkFlow.com OMB No. 1601-0004; Exp. 09/30/11 Case Problem Submission Worksheet (CIS Ombudsman Form DHS-7001) Department of Homeland Security CIS Ombudsman NOTE: Please read the attached instructions before submitting this worksheet. In completing this worksheet, the "subject" refers to the person whom the inquiry is about. In submitting your inquiry, please provide as much information as possible. Places requiring your signature are indicated with the symbol. 1. Name of subject: The person this case problem is about who is seeking the immigration benefit. 2. Contact information: First Name: Mr. Mrs. Ms. Street Address: The contact information of the person the case problem is about. Country: If you are submitting this form for someone else, complete Section 14. 3. Subject's date of birth: Middle Name: Last Name: Apartment/Suite: City: State/Province: E-Mail Address: Phone Number: Fax Number: (with Area Code) Zip Code: (with Area Code) Date of Birth: (mm/dd/yyyy) Please indicate in the following format: (mm/dd/yyyy): 4. Subject's country of birth and citizenship: Country of Birth: 5. Alien or "A" number: Country of Citizenship: A Number: The "A" number appears in the following format: A123-456-789. A NOTE: Not every person is assigned an "A" number by USCIS. Tip: Your "A" number can be found on many USCIS documents including your If you do not have an "A" number, work permit. leave this section blank. 6. Type of case problem: I am an: Employer; a. The person this case problem is about who is seeking the immigration benefit; b. An organization on behalf of an individual; An attorney/representative; d. Please indicate who is filing this case problem. Individual; c. 7. Person preparing this form: a. b. Check all that apply. Other (Explain fully); I am: 8. Applications/Petitions filed: Date Application/Petition was received by USCIS: USCIS Form Number: USCIS Name of Form: List all applications or petitions pending with USCIS that pertain to your case problem. Date Application/Petition was received by USCIS: USCIS Form Number: USCIS Name of Form: Date Application/Petition was received by USCIS: USCIS Form Number: USCIS Name of Form: Tip: List all forms that are the subject of this case problem. E.g.: If you are filing for a Green Card and are experiencing a problem with your work permit application that was submitted with your Green Card application, list both Forms I-485 (Application Adjustment of Status) and I-765 (Application for Employment Authorization Document) above. 9. Receipt Number. Please do not include dashes between the characters. Receipt Number: Tip: Your receipt number is located in the top left hand corner of your Notice of Action (USCIS Form I-797). Form DHS-7001 (09/23/10) American LegalNet, Inc. www.FormsWorkFlow.com 10. Immigration status or a. interim benefit applied or petitioned for: The subject of the case problem is applying for immigration status: b. As a Nonimmigrant (e.g. extension of a stay for a visitor for pleasure-business, change of status to student, fiance/e, temporary worker, Temporary Protected Status (TPS) etc.) As an Immigrant (often called "Green Card" application) based on: Category: (e.g.: H-1B1, J2, F1, L1A) i. A marital relationship of less than two years; ii. A marital relationship of more than two years; iii. A family relationship and is the parent, child, brother/sister, etc. of the sponsor; iv. An employment relationship and is the (future) employee or the spouse of child of the principle (future) employee; v. Refugee/Asylum; c. vi. For Citizenship or Naturalization; d. For Refugee/Asylum; e. For Interim Benefits (Work Permit/Travel Document, etc.) Other; Type: i. ii. f. Other (Application for Waiver, Replacement Document, etc.) Type: Employment Authorization Document (e.g.: Work Permit) Work Permit Category: Advance Parole Document (Travel Document); Waiver (I-601/I-212): Replacement of a Document Citizenship Certificate Naturalization Certificate Permanent Resident Card Other: Other: 11. Source of case problem: a. Check all that apply. Provide a description in Section 12 below, Description of Your case problem. b. c. d. e. I am facing or am about to face an immediate adverse action or impact, an emergency or any other type of significant hardship, caused by an action/inaction/delay in processing by USCIS, or a problem that could not be resolved through the normal processes provided for by the USCIS: I am experiencing processing delays with a case that are beyond anticipated processing times; I am incurring or am about to incur significant and unusual costs (including fees for professional representation that are not normally incurred); I have brought this case problem to the attention of USCIS and have not received a response or resolution within the anticipated time frames; Other (specify): 12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed. Form DHS-7001 (09/23/10) Page 2 American LegalNet, Inc. www.FormsWorkFlow.com 13. Prior actions taken to remedy the problem: a. Contacted my attorney/representative who is representing me regarding this issue for assistance (if represented); Check all that apply: b. Visited USCIS Case Status Service Online at http://www.uscis.gov. c. Contacted the National Customer Service Center (NCSC) for information and/or assistance regarding this case at their toll-free telephone number 1-800-375-5283. d. Contacted the following government department/agency for assistance: e. Contacted the following congressional representative for assistance: 14. Designated Attorney/ Representative: First Name: Please complete this section if you Street Address: are an attorney, organization or designated representative who is submitting this case problem. Country: If you are the beneficiary of a pending petition and have obtained consent from the petitioner (see Section 15), check box 3, sign and date. Middle Name: Last Name: Apartment/Suite: City: E-Mail Address: Phone Number: Fax Number: (with Area Code) 1. Zip Code: State/Province: (with Area Code) I am an attorney and a member in good standing of the bar of the Supreme Court of the United States of the highest court of the following State, territory, insular possession, or District of Columbia and am not under a court or administrative agency order suspending, enjoining, restraining, disbarring, or otherwise restricting me in practicing law. State of Admission: Name of Court: 2. I am an accredited representative of the following named religious, charitable, social service or similar organization established in the United States and recognized by the Board of Immigration Appeals pursuant to 8 CFR 292.1. 3. I am the beneficiary of a pending petition and the petitioner is consenting to the release of information about a pending case to me. 4. Other (Explain fully): I have submitted a USCIS Form G-28 as the attorney/representative for the application/ petition for which case problem is being submitted. Signature of Attorney/Representative: Date (mm/dd/yyyy): 5. 15. Consent: If you are the beneficiary of a pending petition, and you are not a lawful permanent resident or U.S. citizen, the petitioner must sign here to give consent to the release of his or her information. 16. Verification: This item should be signed and completed by the subject of the inquiry. Pursuant to 5 U.S.C. Section 552a(b), I authorize U.S. Citizenship and Immigration Services and CIS Ombudsman to release any and all information relating to me to: [Print or Type Name]. I declare under the penalty of perjury that the foregoing is true and correct. Signature of Subject: Print Subject's Name: Date (mm/dd/yyyy): I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct, and that I am the subject of the inquiry and I understand that any falsification of this statement is punishable under the provisions of 18 U.S.C. Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under the false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) by a fine of not more than $5,000. Further, pursuant to 5 U.S.C. Section 522a(b), I authorize U.S. Citizenship and Immigration Services and CIS Ombudsman to release any and all information relating to me to : [Print or Type Name]. Signature of Subject: Print Subject's Name: Date (mm/dd/yyyy): Form DHS-7001 (09/23/10) Page 3 American LegalNet, Inc. www.FormsWorkFlow.com 17. Declaration: I delcare that I have prepared this document at the request of the person named in Number 14 and that the responses are based on all information of which I have knowledge. If you are an attorney or representative, you should sign Print Subject's or Attorney/Representative's Name: your name. Otherwise, the subject Signature of Representative: should sign his or her name. Title (if applicable): 18. Submission: Case problems may be sent via regular mail or courier service to the following addresses: Date (mm/dd/yyyy): Send your completed information to: Via Regular Mail: Citizenship and Immigration Services Ombudsman Department of Homeland Security Attention: Case Problems Mail Stop 1225 Washington, D.C. 20528-1225 Via Courier Mail: U.S. Citizenship and Immigration Services Ombudsman Department of Homeland Security Attention: Case Problems 245 Murray Lane Washington, D.C. 20528-1225 Form DHS-7001 (09/23/10) Page 4 American LegalNet, Inc. www.FormsWorkFlow.com