Barriers to Services- Online Filings
By: Jinah Kim*
As a result of the pandemic, we have seen many organizations accelerating the digitization of processes and systems which has increased the use of technology and the demand for computer-literate users. Sunhee’s Community Place has provided adult English classes and employment opportunities for immigrants in the Capital Region since 2016, and with the onset of COVID, we quickly implemented virtual learning into our program and continue to provide hybrid services to this very day. We found that for virtual services such as English classes, moving onto an online platform helped to provide easier access for those who do not have reliable transportation or need childcare.
Many students, however, do not own laptops and would participate on their phones. Not only that, but we found that it is oftentimes the most vulnerable, the ones who need services the most, who are excluded because of language barriers and limited access to appropriate technology. Even with an interpreter, it is difficult to coordinate enrollment appointments, and even more difficult to show someone how to navigate an app while attempting to meet with them on the very app that they are unfamiliar with.
Last year, USCIS solicited feedback on how to reduce barriers to accessing immigration services and benefits, for which they received approximately 7400 submissions. In its comment, the Legal Project applauded USCIS efforts to make online filing options available while raising concerns that have yet to be addressed. USCIS began to accept online filings of certain applications in 2015 and has since expanded the number and types of forms available to file online. Most recently, USCIS began accepting online applications for DACA renewal requests, which makes a total of thirteen USCIS forms now available for online filing.
While the option of online filing can help to improve overall efficiency, the increased dependence on paperless technology begs the question of who might be left behind in the process. The first issue is that individuals who are not sufficiently computer-literate would be automatically disadvantaged by not being able to take part in the benefits of a streamlined, online filing system.
Although it is yet unclear as to whether there is a difference in processing times for paper versus electronic filings, improvements in the online filing system could lead to longer and thereby unfair processing times for paper submissions. Secondly, those with limited English proficiency would not be able to navigate an online platform strictly in English. And most notably, petitioners who wish to file online cannot submit fee waiver applications, disproportionately impacting unemployed and low-income individuals who are oftentimes seeking humanitarian relief. We’ve also seen filers submitting incomplete and/or erroneous applications when they try to use their phones rather than computers to file online.
There’s no doubt that online filing is a positive development when it comes to accessing USCIS services, but we must also advocate for technical assistance and the removal of fee waiver restrictions in order to ensure equal access for all immigrants. As service providers, we must also aim for every household, including recent arrivals, to have computer and internet access while preparing ourselves to become acquainted with the online filing process.
*Jinah Kim is the owner/founder of Sunhee’s Farm and Kitchen and its non-profit arm Sunhee’s Community Place in Troy, NY. She is also currently a J.D. candidate at Albany Law School and a field placement intern at The Legal Project in Albany, NY.
