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US IMMIGRATION UPDATES
LEGAL NOTES / FEB 7 2007 |
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File now Before Sharp Rise in USCIS Fees |
By Reuben S. Seguritan, Esq.
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The big news in the immigration front is the proposal of the US Citizenship and Immigration Service (USCIS) to increase filing fees in some cases more than 200 percent. To get a better picture of the dollars-and-cents impact of this proposal, here is a brief rundown of the current versus proposed fees of the most common petitions and applications filed with the USCIS.
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For an alien relative petition (I-130), the current fee of $190, will rise to $355; for an alien worker petition (I-140), the current fee of $195, will be increased to $475; for adjustment of status applications (“I-485,” a.k.a., “green card applications”) the current $325 fee will rise to $905; for employment authorization applications (I-765), the current $180 fee will be jacked up to $340; and for citizenship applications (N-400), the $330 fee will become $595.
The proposal is still up in the air, although it seems the USCIS is pushing hard on this massive fee increase. The prudent move for those seeking immigration benefits, including those who are eligible for naturalization is to file their applications and petitions immediately. While it may be possible that public clamor would eventually convince the USCIS to minimize the proposed increase, an increase is nevertheless very likely. Thus, now is the best time to file.
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There had already been a four-fold rise in filing fees over the past 12 years, observes the American Immigration Lawyers Association (AILA) in a recent press release. USCIS Director Emilio Gonzalez previously stated that the USCIS is aiming to see a “20 percent improvement in processing times by the end of 2009.”
According to AILA, the fee increases will be used to fund not only the services for petitioners and application, but for other USCIS expenses, including law enforcement, particularly, background checks.
AILA, however, said it is not convinced that the money from new increases will be put toward improving the antiquated systems that have caused delays in the path to citizenship.
Key leaders in Congress and the press have echoed the objection to the proposed USCIS fee increase.
Senators Patrick Leahy (D-VT) and Edward Kennedy (D-MA), as well as Reps. John Conyers (D-MI) and Zoe Lofgren (D-CA), chairmen of the Judiciary Committee and Immigration Subcommittee of the Senate and House, respectively, have already written to the USCIS to ask that the fee increase be held in abeyance pending their examination of the cost estimates and other bases for the fee increase. They further requested the USCIS to notify them in advance of plans to finalize the fee increase and its timeline for implementation.
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The New York Times editorial on February 4, 2007 depicted the proposed fee increase with a startling picture of Lady Liberty holding up the lamp beside the golden door with one hand, while plucking out bills from immigrants’ pockets with the other. It chastised Congress for failing to appropriate federal funds for USCIS operations.
The Times added that because all Americans benefit from the healthy, invigorating flow of naturalized citizens, all Americans, not just the “newest and least powerful ones” should help pay for USCIS operations.
REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com |
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