U.S. immigration services: Where to apply and who handles your cases?

In recent years, the United States has experienced a significant influx of new immigrants applying for protection. This process affects the processing of other immigration cases, as resources and staff handling employment and family petitions are redirected to work on asylum cases.

Impact of Asylum Cases on Other Immigration Processes

In recent years, the flow of people applying for asylum in the United States has significantly increased. This has a major impact on the work of immigration services and the processing of other processes. Understanding how these cases affect other categories of immigration applications will help better navigate the system and plan your actions.

Key Aspects of Impact

1. Reallocation of Resources
   More staff and resources are being allocated to process asylum cases, reducing the capacity to handle other categories of immigration applications. This means that:
   • Fewer staff are available to process employment and family visa applications.
   • Processing times for other cases, such as status adjustment applications, are increasing.
2. Increased Waiting Times
   As more resources are directed towards processing protection cases, the processing times for other immigration applications are increasing. This affects the following categories:
   • Applications for adjustment of status within the country (Form I-485).
   • Applications for visa extension or change of conditions.
   • Family reunification petitions.
3. Reduction in Interviews
   With resources redirected to protection cases, many other immigration cases are processed without personal interviews. This is especially noticeable in the following cases:
   • When the primary immigration process has already been approved.
   • If there are no suspicions or red flags in the applicant’s documents.
   • If the case does not require additional verification.
4. Change in Application Processing Priorities
   Immigration services are forced to change priorities in application processing to cope with the increase in asylum cases. In practice, this leads to:
   • Slowing down the processing of family and employment immigration petitions.
   • Priority processing of cases related to humanitarian reasons or security.
   • Postponement of less priority categories of cases.
5. Impact on Decisions for Other Visa Types
   Delays and system overload can also affect other types of visas, including employment visas and family reunification visas. As a result:
   • Long delays in obtaining visas and permits may occur.
   • Waiting times increase at all stages of the immigration process.
   • Uncertainty increases for those awaiting decisions on their cases.

Border Patrol Priorities and Combating Drug Trafficking

The U.S. Customs and Border Protection (CBP) plays a key role in ensuring the country’s security. One of its main tasks is controlling border crossings, which includes regulating the flow of people and preventing the importation of illegal substances. In recent years, the service has focused on combating drug trafficking, particularly the importation of fentanyl through the southern U.S. border.

Main Priorities of the Border Patrol

1. Preventing Drug Importation
   Combating drug trafficking, especially fentanyl, has become one of the main tasks of the border patrol. Fentanyl is a powerful synthetic opioid that is often illegally transported across the southern U.S. border and poses a serious threat to the health and safety of Americans. To effectively counter this threat, the border patrol has focused its resources on the following tasks:
   • Increasing the number of inspections of cargo and vehicles at the border.
   • Using the latest technologies to detect drugs, such as X-ray machines, chemical analyzers, and canine units.
   • Conducting special operations and raids in collaboration with other federal agencies, such as the Drug Enforcement Administration (DEA).
2. Resource Allocation for Border Control
   Limited resources force the border patrol to choose between various tasks, such as controlling illegal immigration and combating drug trafficking. Currently, priority is given to preventing drug importation:
   • Increasing the number of agents and officers in the most vulnerable sections of the border.
   • Using aerial and unmanned aerial vehicles for surveillance and monitoring.
   • Deploying barriers and other physical control measures at key border crossing points.
3. Rapid Processing of Border Crossers
   Due to the need to focus on drug enforcement, the time for processing people crossing the border is reduced. This means that:
   • Border agents must quickly decide whether a person poses a security threat.
   • Individuals apprehended attempting to cross the border illegally may be subject to expedited processing and deportation.
   • Increased attention is given to individuals with potential criminal or terrorist connections.
4. Interagency Cooperation
   To more effectively combat drug trafficking, the border patrol actively cooperates with other national and international organizations. This includes:
   • Joint operations with Mexican law enforcement agencies to intercept drug trafficking at early stages.
   • Information sharing with other U.S. federal agencies, such as the FBI, DEA, and Department of Homeland Security (DHS).
   • Participation in international initiatives to combat drug trafficking and exchange best practices.
5. Impact on Other Aspects of Immigration Policy
   Focusing resources on drug enforcement leads to changes in other areas of the border patrol’s work. Specifically:
   • Reduced time for processing immigration applications and protection.
   • Redirecting staff and resources to drug enforcement, which may lead to increased processing times for other categories of cases.
   • Priority processing of cases related to national security threats or serious criminal offenses.

Embassy Operations and Extension of Work Visas

U.S. embassies around the world play a key role in the visa issuance process, both immigrant and non-immigrant. They are the first point of contact for those wishing to come to the United States for work, study, family reunification, or other reasons. In recent years, the rules and procedures for obtaining work visas have undergone changes to make the process more flexible and accessible, given limited resources and growing visa demands.

The U.S. Department of State, responsible for issuing immigrant and non-immigrant visas to people outside the country, also strives to use its resources as efficiently as possible.

Currently, certain types of work visas, such as O and H1B, can be extended without visiting the embassy. This rule may vary depending on the embassy in each specific country.

Department of Homeland Security (DHS) and Immigration Courts

The U.S. Department of Homeland Security (DHS) plays a central role in managing immigration processes and ensuring border security. One of its key areas is participation in immigration courts, where issues of status granting, deportation, and other immigration cases are resolved. It is important to understand how DHS interacts with immigration courts and how this affects the fate of thousands of immigrants.

Role of DHS in Immigration Courts

DHS, through its divisions, represents the government’s interests in immigration courts. The main task of the department is to:

• Enforce immigration laws by presenting evidence and arguments justifying deportation or denial of status confirmation.
• Protect national security and public order by ensuring that individuals posing a threat to the U.S. do not receive permission to reside in the country.

Limited Resources and Deportation Priorities

Deportation issues in the United States are an important aspect of immigration policy and internal security management. The Department of Homeland Security (DHS) and its divisions, such as Immigration and Customs Enforcement (ICE), face limited resources and are forced to prioritize their actions. Limited resources affect decisions regarding who is prioritized for deportation and which cases may be deferred.

Individuals who do not pose an obvious threat to the U.S. may not be prioritized for deportation; however, this does not mean they can remain in the country without restrictions. Currently, the main focus is on individuals with a criminal history or other aggravating circumstances.

One of the main challenges facing ICE and other DHS divisions is limited personnel and financial resources. These limitations include:

1. Staff Shortages:
   Although ICE and other DHS agencies actively address deportation issues, the number of staff remains limited. Tasks assigned to ICE officers include arrests, detentions, investigations, preparation for court hearings, and execution of deportation orders. Given the limited number of staff, they must choose which cases to prioritize.
2. Financial Constraints:
   Funding for ICE and other DHS divisions does not always match the level of tasks and workload. This results in resources needing to be allocated among various areas, such as combating illegal immigration, investigating criminal activities related to immigrants, and deportations.
3. Increase in Immigration Cases:
   In recent years, the number of immigration cases has significantly increased, creating additional burdens on the system. Immigration courts are overloaded, and case reviews can take years. This increases the need for resources to support cases and execute court decisions.

Thus, the current situation in the U.S. immigration system is characterized by the reallocation of resources to process protection cases and combat drug trafficking, leading to delays in processing other immigration applications. These changes affect everyone who is in the process of immigrating to the U.S. or planning to start this process.