FBI Name Check Delays Reduced to 180 Days
D.Ray Mantle, February 7, 2008
U.S. Citizenship and Immigration Services (USCIS) announced a policy change earlier this week to reduce processing delays for permanent residence applicants due to slow FBI name checks. If the application is otherwise approvable but for a completed FBI name check, USCIS can now approved the application and issue the card if the name check has been pending for more than 180 days.
Background
For several years now, USCIS would hold off issuing a permanent residence card until the applicant’s background checks have all cleared. Some applicants faced delays of five years or more, with no recourse other than suing the government. Regulations still require that a definitive FBI fingerprint check be obtained and resolved before approving the permanent residence application. USCIS must also clear the individual through an Interagency Border Inspection Services (IBIS) check before the application can be approved. An FBI name check is initiated when the application is received by USCIS, but high demand and insufficient resources have led to extensive delays for many applicants. The FBI plans to process name check requests within the 180 day period.
The applications effected by this announcement include: Application for Adjustment of Status (I-485), Application for Waiver of Ground of Inadmissibility (I-601), Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (I-687), and Application to Adjust State from Temporary to Permanent Resident (I-698). The policy change does not affect naturalization applications, which still require a completed FBI name check prior to deciding the application.
Long-Awaited Relief
This week’s announcement by USCIS provides long-awaited relief to permanent residence applicants. So long as the fingerprint check and IBIS check have been cleared, the wait on FBI name check responses is limited to just six months. USCIS can issue the permanent residence card without a FBI name check response, but the agency still has the responsibility to review name check responses when they are finally received to confirm eligibility. In rare cases where the FBI name check reveals actionable information, USCIS may determine to rescind the permanent residence card or even begin removal proceedings.
If you, or someone you know, are interested in learning more about obtaining permanent residence, please contact D.Ray Mantle.