08 Jul 2017

CISOMB Acknowledges MAVNI Crisis, Gives Weak Response

Annual Report 2017, Citizenship and Immigration Services, Ombudsman, June 29, 2017

See pp. 14-18, Key Facts and Findings:

„ Pursuant to a combination of laws and programs, foreign nationals who serve in the military are eligible for special immigration benefits, including naturalization upon completion of basic training.

„ Background and FBI name checks are causing processing delays and hindering USCIS from completing military naturalization applications in accordance with the Naturalization at Basic Training Initiative.

„ Service members continue to experience difficulties as their files are transferred among multiple jurisdictions due to deployment and change of duty station as well as agency processing delays.

„ A September 30, 2016 Department of Defense (DOD) memorandum on the MAVNI program has led to confusion and processing issues for those joining the Armed Services through this program and applying for naturalization.

"MAVNI enlistees placed in the reserves are eligible for expedited naturalization pursuant to the applicable statute and regulations, but are not able to pursue expedited naturalization because they are unable to complete security and background checks to enable them to attend basic combat training. Stakeholders have also expressed concern that USCIS has denied or placed requests for deferred action on indefinite hold, despite the memoranda requiring that MAVNI enlistees either maintain their prior status or obtain deferred action. These applicants are left without lawful immigration status or the ability to work while awaiting adjudication of their naturalization applications or deployment to basic training."

[And here is the CISOMB's utterly weak response...]

"The Ombudsman will continue to provide case assistance and monitor service members’ concerns about timeliness in adjudications of their and their dependents’ immigration benefits. Additionally, the Ombudsman will continue to engage USCIS and partner agencies to promote more effective interagency communication and coordination in the delivery of benefits to service members and their families."