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San Diego Immigration Lawyer – FBI Name Check Delays Update

We were the first ones to report the new policy and changes in background check procedures announced by USCIS on February 4, 2008. Read our post here. The response from the Blog readers has been very positive and supportive.

The most recent update is that Service Center Operations (SCOPS) liaison has confirmed that USCIS agencies are conducting “sweeps” to find adjustment of status cases that can be reviewed for adjudication under the changes discussed above.

AILA reports that, Pennsylvania District Court Holds FBI Name Check Delays in Naturalization Adjudications Are Unreasonable The U.S. District Court for the Eastern District of Pennsylvania finds for plaintiffs in a suit to end naturalization application adjudication delays due to FBI name checks. Also, it determines it is necessary to require USCIS to revise its regulations to address these delays. Read the case here Download file

Some of our clients and Blog readers were able to use my post analysis and a copy of the memo to start expedited process of their name check cases. Officer in certain states were not even aware of the memo until they saw our Blog post presented by the readers. We are glad to hear that and see a use in practice with the posted information.

I have also filed several requests to expedite cases based on the new memo and here is the response from our local San Diego Office:

yes, over 180 days, some of them had finger prints expired and your case is one of them.

The office is in the process of sorting them all out. The ones that had finger print expired will be scheduled. Cases in which the finger print had not expired and over 180 days will be reveiwed which will take time because the Officers had all their work divided prior to having this good news. It will take at least until 90 days these cases to get adjudicated. The sooner you will have the finger prints done the better.

Please remember only CASES that are plain Security Checks are pending and no other issues involved. If there are I-72 outstanding and other issues it will not be adjudicated.

Let’s hope the new policy will bring much needed name check relief.