Carlos Sandoval, Immigration attorney, explains what the Ombudsman is and how to use his help in certain cases.

1. What is the Ombudsman? According to the exact definition, the Ombudsman is like the “Ombudsman of the People” that we have in most countries. The mission of this “official” is to guarantee the respect of the rights of each individual in the framework of any type of judicial, administrative, bureaucratic or other type of action. Likewise, the USCIS agency also has an ombudsman.

2. What is it for? The entity is assigned to

• Improve the quality of service that USCIS provides to the public.
• Provide personalized service
• Identify systemic problems
• Make recommendations to the USCIS Immigrant Benefits Administration.
• Note that they do not have authority to adjudicate cases or alter decisions unless the decision is based on a clear error of use or abuse of the law.
• They cannot intervene in lengthy processing times.
• They cannot offer legal advice

3. How to use this help tool? BEFORE requesting help from the Ombudsman it is important to know that you must first EXHAUST all available resources. Basically, you must comply with the recommendations below:

In what situations could you be contacted?

• Applications that were wrongly denied by USCIS
  Certain cases involving U.S. military personnel and their family members
• Certain cases where the person is in removal proceedings before the Immigration Court and has an application or petition pending before USCIS that could assist in the process.
• Systematic errors
• Mailing errors
• Missing files
• Excessive processing times OUTSIDE of normal processing times

Have first contacted:

• USCIS 800-375-5283 or used their e-tools (digital tools) and have not obtained resolution or response after 60-90 days.
• Attended an appointment or emailed USCIS without resolution.
• Contacted a government department or agency for assistance.
• Contacted a member of Congress for assistance.

4. Who can contact the Ombudsman? Anyone or their legal representative.

Please note that the process is done online and you must meet the above requirements for your call to be effective. Be well advised before using this tool. For more information, please contact us.