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San Diego Immigration Lawyer – FBI Name Check Delays Round 2

For those of you that have been following my FBI name check updates and providing such a positive feedback. Thank you. Here is the recent update from our local office but this will apply anywhere in the country:

As members may know, all persons who apply for citizenship or LPR status are subjected to a fingerprint check as well as an FBI name check procedure. The fingerprint part of that process is normally resolved within 48 to 72 hours. The name check process, by contrast, can take anywhere from a few weeks to a few years to resolve.

In order to reduce the administrative burdens caused by the sharp increase in litigation caused by the old policy, USCIS has changed its policy for adjustment of status applications through a Memo from Associate Director Michael Yates on February 4, 2008. Where an adjustment of status application is otherwise approvable and the FBI name check request has been pending form more than 180 days, the adjustment application shall be approved. If adverse information is obtained after the case is approved, USCIS may move to rescind the adjustment approval and initiate removal proceedings.

Please note that the previous policy remains unchanged for naturalization cases. Thus, no naturalization case will be approved prior to the successful completion of the FBI name check process.

In the most recent meeting of the AILA/CIS committee, District Director Paul Pierre confirmed that his office and staff are fully aware of the new Interoffice Memorandum from Associate Director Michael Yates. As members may know, San Diego continues to have one of the fastest AOS adjudication timetables in the U.S. The San Diego District will move to pull and adjudicate all cases affected by the new policy as soon as possible.

In order to identify and address those cases which have been pending the longest, the local office will pull all cases pending more than 180 days past the interview date. They understand that 180 days past interview is probably a few months past the date that the name check was originally started but they have to start somewhere. If new fingerprints are needed, the applicant will be rescheduled for prints. After the prints are taken, the case can be adjudicated even if the name check is still pending. If new fingerprints are not needed, the case will be immediately adjudicated.

While the local office refused to formally confirm the number of local AOS cases currently delayed under the name check procedure, informally it is understood that there may be approximately 1200 cases. Unfortunately, these will not all be completed before inquiry day on Tuesday. Members are encouraged to wait at least 6 months past the case interview date before submitting an e-mail case inquiry. Please note that the e-mail inquiry autotext reply to name check subject cases has not yet been updated. Until that happens, members may receive text stating the old policy even though that policy is no longer in effect for AOS cases.