INS reveals that some documents and files were accidentally shredded

The Los Angeles Times reported recently that the Immigration and Naturalization Service is currently investigating reports that immigration documents mailed to its California Service Center (CSC) may have been improperly shredded by a database contractor working for the INS.

The CSC covers Southern and Northern California, Arizona, Nevada, and Hawaii. It received an average of 60,000 pieces of mail each week, including application for a number of immigration benefits, such as naturalization, petitions, detailed affidavits and crucial documents supporting the petitioners’ and beneficiaries’ applications. These documents could be anything from birth certificates, affidavits of support, marriage certificates, letters from employers, affidavits, character references, photos, naturalization certificates, and other important records.

The INS has suspended all shredding operations at the CSC. The INS has also expanded telephone inquiry services to handle calls from the public, who are making inquiries.

The INS is doing everything possible to rectify the situation, which can affect so many people’s hopes and dreams. The INS said it will work closely with attorneys and immigrant advocates to help reconstruct applicants’ files, if, and when, necessary. The shredding may cause further delays in the processing of some immigration applications.

Many people may have filed their applications on their own, without the aid of an attorney, and submitted originals, without making copies. If these are among those files which were shredded, these applicants may have to go through the difficult task of determining which documents to re-submit, and again obtaining the documents from the proper government agencies in the Philippines and the United States.

Further delays in the processing of your applications can bring disastrous results. You may have a child turning 21, who could age out and lose his/her chance of adjusting to legal status, or you could lose your job if the release of your work authorization is delayed, or you may become out status. For more complicated immigration cases, timely submission of supporting documents is very, very crucial.

If your documents were among those shredded, I recommended that you consult with a reputable attorney, who can help you, if necessary, reconstruct your file, re-obtain the needed documents, and file the application in the proper manner on your behalf.

Michael J. Gurfinkel has been a licensed attorney in California for over 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles Country Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

Three offices to serve you:

LOS ANGELES: 219 North Brand Boulevard, Glendale, California, 91203, Telephone: (818) 543-5800

SAN FRANCISCO: 601 Gateway Boulevard, Suite 460, South San Francisco, CA 94080 Telephone (650) 827-7888

PHILIPPINES: Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227, Telephone: 894-0258 or 894-0239

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice).