Delia de la Garza's Legal Blog

When you apply for a benefit with USCIS, whether lawful permanent resident status or citizenship, you undergo a name check with the FBI.  Sometimes those name checks can take some time.  There are cliams that these name checks are for national security, but I do not see that national security is being served by delaying issuing benefits to people.  Also, USCIS always has the right to revoke any benefit….back to the story, people have sued the government in order to force thier hand to make a decision.  Some people have waited 1 year, others 4 or 5.  Most courts have been very sympathetic to this problem and more often than not have required that USCIS issue a decision in 30-60 days.  As a result of this litigation, USCIS has finally changed its national security and adjudication requirements.  USCIS indicates that it has not changed its background check policies related to citizenship applications, but these new policy changes will affect I-485, I-601, I-687 and I-698 applications.  USCIS has informed the public that if the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, it will approve tha application.  USCIS says there are 47,000 applications for permanent residence that are approvable, but for the pending FBI name checks.  USCIS claims that only a subset of these cases has the FBI name checks been pending for 180 days or more. Finally, the USCIS has made predictions that these cases will be processed by mid March 2008.  I find that very unlikely!  First, I find that the number of cases that USCIS says is pending name checks for residency is way off!  Next, I find that it is almost impossible to believe that these two agencies could ever get anything done in 1 month’s time.  I cannot wait to see the next roll of litigation!