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The Department of Homeland Security (DHS) placed all employees of the USCIS Ombudsman’s Office on administrative leave on March 21, 2025. This action effectively paused one of the few independent checks in the immigration system and removed a vital channel for resolving problems and delays in the application process.

Thousands of immigrants who relied on this office for support are now left without clear alternatives. If you are facing delays or complications with your immigration case, consult our experienced attorneys (including asylum lawyers in New York) here at Berd & Klauss, PLLC.

What the USCIS Ombudsman did

The USCIS Ombudsman’s Office was created in 2002 to provide neutral help for people who are navigating the United States Citizenship and Immigration Services (USCIS).

While USCIS processes immigration benefits such as visas and green cards, the Ombudsman’s Office helps resolve individual case issues and monitors systemic problems to make the process more efficient and fairer. It operated independently and could step in when applications stalled or errors occurred. For many, especially those stuck in red tape, this office helped resolve delayed or mishandled cases without going through legal channels or paying extra fees.

Why this matters now

DHS placed the staff of three oversight offices — including the USCIS Ombudsman — on 60-day leave, claiming the need to focus more on border enforcement. While not officially closed, the Ombudsman’s office can’t function without personnel.

Legal experts and advocates worry that this administrative action weakens transparency and removes a critical support structure from the immigration system. Without independent review, immigrants are left to face a process that’s already complex and, in many cases, slow to respond.

Who does this affect the most

Many types of immigrants previously relied on the Ombudsman for timely intervention:

• H-1B workers (skilled professionals) who needed help with stalled extension applications
• F-1 students who often turned to the office for help with OPT and STEM extension issues
• Green card applicants whose cases were stuck due to security checks or paperwork problems (there were roughly 30,000 such cases in 2023 alone)

With the office on hold, these groups face longer delays and fewer options to resolve them.

What’s happening to current cases

DHS hasn’t provided a backup process, so cases already under review may now sit unresolved. While congressional offices and nonprofit groups are stepping in to help, they can’t match the scope or neutrality the Ombudsman once offered.

This situation has also increased the burden on legal service providers because it forces more applicants to seek legal help or pay for expensive premium processing just to stay on track.

A larger legal and policy trend

The Ombudsman’s suspension may open the door to new legal issues. It follows other controversial decisions that have already prompted lawsuits, including:

• Hometown Connections v. Noem: Nonprofit organizations are suing DHS for abruptly cutting off grant funding that communities relied on for essential support, immigrant integration, and legal support.
• Amica Center v. DOJ: Legal aid groups are challenging the Department of Justice’s decision to shut down programs that provided legal resources for people in deportation proceedings. A court temporarily allowed the programs to continue, but the government has appealed.

What you can do now

Here are a few ways to take action if you’re currently facing immigration issues:

• Reach out to your congressional representative. They can request updates from USCIS for their constituents.
• Speak with an immigration attorney to help you explore your options.
• Save all correspondence with USCIS in case matters escalate.
• Consider premium processing if it’s available and if it’s financially possible for you to do so.

You have rights

Even though the Ombudsman’s office is suspended, you as an immigrant still have legal tools at your disposal.

One is the writ of mandamus — a lawsuit that asks a federal court to force USCIS to make a decision on an application that’s been unreasonably delayed. While not always appropriate, it can be effective in the right situation. Ask your lawyer about it.

Get legal guidance

Staying informed and finding the right support is more important than ever during this uncertain period.

If you’re looking for an immigration or asylum lawyer in New York, do not hesitate to contact our office here at Berd & Klauss, PLLC.

We focus exclusively on immigration law. You can rely on our team to handle everything from work visas and green cards to deportation defense and waivers. We also have experience with citizenship and naturalization.

Call us at 212-461-7152 or email info@berdklauss.com to schedule a consultation.