FBI Delays To End

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assur

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FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

http://www.ilw.com/immigdaily/#comment
 
Thanks assur for posting the news! I hope this is not another rumor as the change will be for the better for a lot of us, which many of us are not used to in the immigration process!

Before we all start cheering and hail victory...it will be interesting to see what would constitute a "precribed amount" of time. Just glad that someone somewhere has figured out that a long delay in the namecheck process is actually a threat to national security! :)
 
Better late than never!!

Let's hope this is true!! The website for Shusterman also indicates that this may be true (www.shusterman.com).

After being stuck in namecheck for 3.5 years, there is a glimmer of hope. Unfortunately the retrogression will kill any chances for likely another year:mad:

Just my luck. I will just have to keep renewing my EAD cards.:(
 
Hopefully it will work.

Two h1bs pending since 2004
485 pending since 13 months.

Etiology: FBI Name check
 
Where is the Shusterman 's news on the NC delay? withdraw?

Did they withdraw the news post?
 
It is gone from the Immigration Daily

Apparently it is gone from the ilw.com too. Now I have doubts about the authenticity of the news....
 
From Immigration-Law.Com

"A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.

This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.

Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.

The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned."-Immigration-law.com
 
In other words, it may be just another rumor that came out from a DHS meeting where they were brainstorming NC delays that may not become an operational policy. We've heard it before back in 07/2007 when USCIS was working overtime and overnight approving whatever applications they could to exhaust visa numbers. Back then, it was rumored that they were told to approve any application pending for more than 6 months regardless of NC results. Well, it turned out to be just a rumor as many of us stuck in NC have found, we are still stuck in NC crap hole as deep as we were half a year ago.

Now I'll believe this rumor only when I see it, i.e when my I485 is approved, and only time will tell.
 
Last edited by a moderator:
Weirdos

It is perfectly OK to have the applicants roam around country for multiple years and not giving the immigration benefit in the name of name check clearance .What national security ? May be lot of clay-headed higher bodies decided these things.
 
It will be a good idea to ask IO if they will adjudicate I-485 after 6 months even if NC is pending. That might clear the confusion.
 
just came to know that my 485 stuck up in name check

called TSC and told me that I got stuck....another wait of 4/5 years....oh my god...

:mad:



sagar96 said:
It will be a good idea to ask IO if they will adjudicate I-485 after 6 months even if NC is pending. That might clear the confusion.
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Update :( (http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm)
November 30, 2007

Immigration Daily's 1/30/07 comment, "FBI Delays to End" (http://www.ilw.com/immigdaily/digest/2007,1130.shtm), is not telling the entire story. USCIS and the Federal Bureau of Investigation (FBI) are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies:

First, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern.

Second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

Best regards,

Bill Wright, spokesman
USCIS Office of Communications
(202) 272-1299
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