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USCIS, DOS, and DOJ have implemented two of seven key IMBRA
requirements identified by GAO, but five key provisions intended to
provide beneficiaries with information about the petitioners seeking
to bring them to the United States have yet to be completed. First,
although IMBRA requires DOS to mail a copy of the approved petition to
each beneficiary, the agency is not currently fulfilling this
requirement. Second, IMBRA limits the number of petitions a person may
file for a noncitizen fianc=E9(e) unless USCIS grants a waiver of the
filing limits.
However, USCIS officials told GAO that they do not check all
petitioners against records to determine if a petitioner has
previously filed a fianc=E9(e) petition. USCIS adjudicators are required
to check the record if the petitioner self-attests that he or she has
previously filed a petition. By limiting its checks to those
petitioners who acknowledge prior filings, USCIS increases the risk
that it will approve more fianc=E9(e) petitions than allowed under
IMBRA. Third, IMBRA mandates that after two approved petitions, upon
filing of a third petition within 10 years of the first, USCIS is to
notify both the petitioner and beneficiary of previously approved
petitions filed by the petitioner.
USCIS officials told GAO that they no longer try to notify
beneficiaries because of the difficulty in obtaining accurate overseas
mailing addresses. Thus, beneficiaries are left without all required
information for making a decision about the person petitioning on his
or her behalf. USCIS officials told GAO that they plan to ask DOS to
notify beneficiaries during their visa interview with a DOS consular
officer. Fourth, the requirement to provide beneficiaries with a
pamphlet that discusses the visa application process and available
resources if the beneficiary encounters domestic violence or abuse is
not being met.
USCIS has drafted the pamphlet, but has not established time frames
for finalizing the pamphlet. Until the pamphlet is finalized,
translated, and distributed, USCIS increases the risk that
beneficiaries are not being made aware of their rights or the
resources that are available should they encounter domestic violence.
Lastly, IMBRA establishes federal criminal and civil penalties for
IMBs who violate its provisions.
Although DOJ has drafted IMBRA-related regulations regarding how civil
penalties would be administered, these regulations cannot be finalized
until DOJ, USCIS, and DOS decide which agencies will be responsible
for investigating, referring, and prosecuting potential IMBRA
violations. Until the agencies resolve these issues and establish an
enforcement framework, it will be difficult for IMBRA violators to be
penalized.
USCIS is collecting and maintaining some of the data for this report
as required by IMBRA; however, most of the data are not in a summary
or reportable form and other required data have not been collected.
For example, GAO could not determine the extent to which petitioners
with a criminal history or history of violence have filed petitions
because USCIS does not capture this data electronically. USCIS
officials told GAO that they are considering modifying their data
management system to collect data that is currently not being
collected. However, no decisions have been made.
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