DHS Indicates It Will Expedite FBI Name Checks

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2. DHS Indicates It Will Expedite FBI Name Checks

Department of Homeland Security (DHS) Secretary Michael Chertoff indicated in a November 2007 meeting with the American Immigration Lawyers Association (AILA) and other organizations that the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) will make significant changes to the existing name-check process. The goal of these changes is to clear the backlog of immigration cases that are pending due to name-check delays. In addition to clearing the backlog, the changed procedures should permit further expedited processing of such cases, to prevent future name-check delay backlogs. Secretary Chertoff, however, warned that some checks would still be delayed by investigations, but this number should be significantly reduced.

Criteria to Expedite Name-Check Delays

As MurthyDotCom and MurthyBulletin readers may recall from our March 2, 2007 article Policy on Expediting FBI Name Checks : Very Limited, the USCIS criteria to expedite cases stalled due to FBI name-check delays include military deployment; age-out cases not covered under the Child Status Protection Act (CSPA) and applications affected by sunset provisions such as green card lottery; significant and compelling reasons, such as a critical medical condition; and loss of social security benefits or other subsistence at the discretion of the USCIS district director. A large number of applicants and petitioners, however, continue to benefit from filing writ of mandamus against the government in U.S. federal courts. This still appears to be a valuable mechanism to compel the government to expedite adjudication of delayed cases.

Conclusion

It should be noted that this change only relates to cases delayed due to name checks. It does not address delays for other reasons and in no way addresses the problems faced by those with Applications for Adjustment of Status (I-485) who are waiting for visa number availability.

It remains to be seen whether the changes in procedures will be sufficient for the FBI to succeed in expediting the name-check process and clearing the backlog. Even if the backlog of cases is cleared, however, there will still be cases delayed due to ongoing investigations. Individuals affected by these types of delays may still benefit from requesting expedited treatment of their cases through administrative and legal procedures.

Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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http://www.murthy.com/bulletin.html

Another more or less reliable source. On AILA there is a document dated Dec 03. It is not available for public access, however.
 
refer to the FBI namecheck delay thread where I posted the AILA info. Someone actually posted the text of the article. Not much there though.

Here is the article:
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.

http://www.durrani.com/docs/FBI Process.pdf
 
i have also read this information at few websites. however immigration-law wrote against that and basically said USCIS has been instructed NOT to approve any application without FBI NC clearance although that web site writes mostly their own notions.

i think it would be helpful to find correct information about NC.

i think original proposal was , USCIS could approve application if name check has been pending for certain period of time .

now it seems like FBI will try to eliminate backlog no mention of if USCIS can actually go ahead with approval if NC has been pending for a while.
 
well as i posted earlier when i spoke to I/0 at NSC this week she said unfortunately ur NC is still pending and even though we wanted to do something about namechecks, they (whatever tht means) won't even let us do that..

my conclusion is even though fbi will try to do somethign about it next year, some unlucky souls would still wait till eternity and no GCs will be issued without completed NC for anyone
 
Amen

greynicolls said:
well as i posted earlier when i spoke to I/0 at NSC this week she said unfortunately ur NC is still pending and even though we wanted to do something about namechecks, they (whatever tht means) won't even let us do that..

my conclusion is even though fbi will try to do somethign about it next year, some unlucky souls would still wait till eternity and no GCs will be issued without completed NC for anyone
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Amen. Time for hibernating..till GC
 
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