Immigration Service Fees May Rise Dramatically

Immigration service fees may rise dramatically

Suzan Clarke
STAFF

Immigration advocates and professionals reacted strongly yesterday to the federal government's proposal to increase immigration benefit and application fees by an average of 86 percent.

On Wednesday, the U.S. Citizenship and Immigration Services announced the sweeping increases in its fee schedule, saying the additional revenue would improve customer service, strengthen the security of the immigration system and modernize the agency's business infrastructure for the 21st century.

The agency has long been criticized for its enormous backlog that has prolonged the processing of petitions.

"We're confident that this fee adjustment will enable the type of exceptional immigration service our nation expects and deserves," USCIS Director Emilio Gonzalez said in a statement Wednesday.
Gonzalez said the increases would enable the agency to reduce the average application-processing time by 20 percent in 2009.

Some immigrant advocates and lawyers have strongly criticized the proposal.

Robin Bikkal, a White Plains immigration lawyer who heads Westchester County's Hispanic Advisory Board, said yesterday that the proposal would adversely affect lower-middle class and poorer people who were filing family-based applications.

Bikkal pointed out that the government requires only that people earn at least 125 percent of the federal poverty guidelines to petition for family members to join them in this country, "and yet," she said, "the type of fee increases they're talking about could equal, easily, 5 or 10 percent of the person's gross income."

"It's shameless, heartless, unfair and unjustified," Bikkal added.

For example, to file the I-698 application to adjust one's immigrant status from temporary to permanent legal resident, each applicant would pay $1,370. The current fee is $180.

The proposal was announced Wednesday, and public comment may be registered for a 60-day period that began yesterday.

The argument that the funds would improve the system did not resonate well with critics, either.
"We've heard this before so, I mean, I'm a little bit skeptical about that," said Susan Henner, a White Plains immigration lawyer, adding that certain applications, including those for naturalized citizenship, seem to be processed more quickly now.

Henner pointed out that applicants generally are required to pay, in addition to the processing fees, additional costs for fingerprinting, medical exams, photographs or educational evaluation.  "I've had people call me today and ask me if they can file their applications sooner rather than face these fees," she said.

Although fee waivers are available for those who cannot afford to pay some charges, Henner said she's never had a client do that.  "You have to fill out a whole waiver thing, it really prolongs the whole process ... most people don't even bother," she said.

Jack Martin, a spokesman for the Federation for American Immigration Reform, said his organization was "strongly supportive of the mandate that Congress has given to the immigration authorities to set fees that cover the costs of the services that are provided to immigrants so that the American public is not required to pick up the tab for those costs."

Martin characterized as "rhetoric" critics' views that the projected increases were unfair.
FAIR is a Washington, D.C.-based nonprofit that advocates a temporary moratorium on all immigration, except for spouses and minor children of U.S. citizens and a limited number of refugees.

The last comprehensive increase in immigration fees was in 1998, when costs were adjusted 76 percent.

Rose Leandre, executive director of Haitian-American Cultural and Social Organization, a Spring Valley-based nonprofit that provides free or low-cost services to the community was concerned.
"The federal government and everybody is pushing for people to be naturalized and become American citizens, and you have a lot of people living in the community looking forward to doing that, looking forward to vote, and a lot of people are not going to be able to do it," she said. "Even the current fee ... is a stretch."

People on fixed incomes would have to choose between paying the naturalization fee or paying their rent, Leandre said.

Leandre, a Haitian native, became a naturalized American citizen in 1995.  "I paid $90," she said, "and I don't think it took me a long time. It took me less than a year."

Henner encouraged people to register their opposition to the proposal.

Reach Suzan Clarke at snclarke@lohud.com or 845-578-2414.

Public views on proposal sought

To comment on the proposed fee increases, submit written comments to one of the following: 

• Federal eRulemaking portal: http://www.regulations.gov. 
  Fax: Federal eRulemaking portal, 866-466-5370. 
  Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529.
  Make reference to DHS Docket No. USCIS-2006-0044 on correspondence. 
  
  Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529. Phone number 202-272-8377.
  
  
• Immigration costs
  
  A few of the fee increases: 
  
  • $290 to replace a lost, stolen, mutilated or obsolete green card. The current cost is $190. 
  • $1,370 to adjust one's status from temporary to lawful permanent resident. The current cost is $180. 
  • $340 to apply for work authorization. The current cost is $180. 
  • $595 to apply for naturalized citizenship. The current fee is $330. 
  • $905 to apply for a green card. The current fee is $325.
    

The Journal News, a Gannett Co. Inc. newspaper serving Westchester, Rockland and Putnam Counties in New York February 2, 2007.