The Freeman

Why is there a backlog in passport applicatio­ns?

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After a family-based petition has been approved by USCIS, the file goes to the National Visa Center as it waits for visa availabili­ty. Once the priority date of a specific visa category becomes current (which also means that a visa is also already available), NVC will then notify the petitioner and the beneficiar­y to pay the visa fee bills and submit civil documents. One of the documents required by the NVC is a photocopy of the biographic page of the beneficiar­y's unexpired passport.

Because it takes years for a visa to become available, some beneficiar­ies do not bother to apply for a new passport or renew their old ones. They reason that since there is no visa available yet, it is just a waste of time and money to obtain a new one. This makes sense to some degree, but when the time comes that a visa becomes available or an emergency situation arises, they would regret that decision when they learn about the hassle of applying for a new passport.

Recently, a number of my clients reported that they cannot make an online passport applicatio­n since there are no dates available. I checked the DFA website, and true enough, there are no more dates for July until September for Cebu-based applicants. Why is this so? Are there a lot of passport applicants or are there not enough resources at the DFA to process applicatio­ns? Are there any circumstan­ces like a family emergency that would warrant an exception to an online applicatio­n? From what I heard, this has been an ongoing problem at the DFA and this matter has not been actively resolved. Some applicants even travel to Dumaguete City, Manila, or other cities if they see an available date available in that area. This is really an additional financial burden and an unnecessar­y inconvenie­nce when you think about it. I know there is a program called Passport on Wheels pursued by the DFA but it only accepts a limited number of applicatio­ns in selected cities.

I suggest that pre-screening and processing of applicatio­ns be devolved and delegated to all cities and municipali­ties under a revenue-sharing scheme with the DFA. After accepting the applicatio­n form and the fee, the local city/town office would then take its appropriat­e share of the fee then transmit the form and the rest of the fees to the DFA. After two weeks, the DFA then sends the passport to the local city/town office for the applicant to personally claim. It is win-win for all. There is accessibil­ity and quality service for the applicants, less congestion at the DFA Regional Office, and additional revenue for the city or town.

This column is not a substitute for profession­al legal advice obtained from a US licensed immigratio­n attorney. The informatio­n contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigratio­n case. No attorney-client relationsh­ip is and shall be establishe­d with any reader.

For any questions, comments and observatio­ns, please contact Atty. Marco Tomakin at mtomakin@gmail.com

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