- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I-485 Delay
- Thread starter chapter11
- Start date
US IMMIGRATION HEADLINES
12/13/2002 - INS Adjudications Slowed As Clearance System Upgrad
December 13, 2002 – In recent weeks, a number of news sources reported that the Immigration and Naturalization Service had summarily halted adjudications of applications for immigration benefits. Though we have been able to confirm that these rumors are incorrect, a recent INS internal memorandum has instituted several new security procedures that are resulting in delays – though not cessation – in final decision-making on some applications for benefits. The heightened security procedures appear to be in response to the recent naturalization of an individual with suspected links to Hezbollah.
Pursuant to the security memorandum, the INS's Computer Linked Applicant Information Management System (CLAIMS) is being upgraded to allow more communication with the FBI's background check systems. INS officials have confirmed that, while the upgrade is implemented, no final decisions will be made by the Service on Form I-485, Application to Register Permanent Residence or to Adjust Status, or Form N-400, Application for Naturalization. INS maintains that normal processing of these cases continues, but final decisions have been delayed. Though the Service had originally predicted a one-week time period for the upgrade to be completed, reports are that systems work continues, as do the resultant delays in final decisions.
The INS memorandum generally instructs field officers to increase their level of vigilance when adjudicating applications, to ascertain that security background checks are complete, and that applicants are eligible for the immigration benefits they seek. In particular, the memorandum states that when an FBI name check results in a positive result, indicating that a record may exist, the officer must receive a definitive response from the FBI before approving a naturalization, adjustment or asylum application. Prior to the security memorandum, INS officers presumed that if they did not hear from the FBI within a given timeframe, the results of a security check were not problematic. However, the lack of response has now been determined to be the result of a limitation in the CLAIMS system – CLAIMS contained no automated mechanism for the FBI to respond to each security check request.
Though the system upgrade is reportedly nearly complete, a backlog of pending cases remains for which FBI clearances must be obtained. The most severe impact of the backlog will be on adjustment cases. INS systems relating to naturalization are apparently more interoperable with FBI systems and produce security check results in shorter periods of time; however, as the New York Times reported on December 13, 2002, naturalization backlogs still exist. According to the Times, citizenship ceremonies for more than 1500 immigrants have been canceled as the INS awaits the results of FBI checks.
In addition, the security memorandum instructs INS District Offices to cease same-day issuance of some immigration benefits where the office possesses only the foreign national's temporary A-file. In response, several District Offices have ceased issuing same-day employment authorization documents and advance paroles, either across the board or where the office does not possess the foreign national's A file.
12/13/2002 - INS Adjudications Slowed As Clearance System Upgrad
December 13, 2002 – In recent weeks, a number of news sources reported that the Immigration and Naturalization Service had summarily halted adjudications of applications for immigration benefits. Though we have been able to confirm that these rumors are incorrect, a recent INS internal memorandum has instituted several new security procedures that are resulting in delays – though not cessation – in final decision-making on some applications for benefits. The heightened security procedures appear to be in response to the recent naturalization of an individual with suspected links to Hezbollah.
Pursuant to the security memorandum, the INS's Computer Linked Applicant Information Management System (CLAIMS) is being upgraded to allow more communication with the FBI's background check systems. INS officials have confirmed that, while the upgrade is implemented, no final decisions will be made by the Service on Form I-485, Application to Register Permanent Residence or to Adjust Status, or Form N-400, Application for Naturalization. INS maintains that normal processing of these cases continues, but final decisions have been delayed. Though the Service had originally predicted a one-week time period for the upgrade to be completed, reports are that systems work continues, as do the resultant delays in final decisions.
The INS memorandum generally instructs field officers to increase their level of vigilance when adjudicating applications, to ascertain that security background checks are complete, and that applicants are eligible for the immigration benefits they seek. In particular, the memorandum states that when an FBI name check results in a positive result, indicating that a record may exist, the officer must receive a definitive response from the FBI before approving a naturalization, adjustment or asylum application. Prior to the security memorandum, INS officers presumed that if they did not hear from the FBI within a given timeframe, the results of a security check were not problematic. However, the lack of response has now been determined to be the result of a limitation in the CLAIMS system – CLAIMS contained no automated mechanism for the FBI to respond to each security check request.
Though the system upgrade is reportedly nearly complete, a backlog of pending cases remains for which FBI clearances must be obtained. The most severe impact of the backlog will be on adjustment cases. INS systems relating to naturalization are apparently more interoperable with FBI systems and produce security check results in shorter periods of time; however, as the New York Times reported on December 13, 2002, naturalization backlogs still exist. According to the Times, citizenship ceremonies for more than 1500 immigrants have been canceled as the INS awaits the results of FBI checks.
In addition, the security memorandum instructs INS District Offices to cease same-day issuance of some immigration benefits where the office possesses only the foreign national's temporary A-file. In response, several District Offices have ceased issuing same-day employment authorization documents and advance paroles, either across the board or where the office does not possess the foreign national's A file.
Dat's bad bad news
=======quote=====
Though the system upgrade is reportedly nearly complete, a backlog of pending cases remains for which FBI clearances must be obtained. The most severe impact of the backlog will be on adjustment cases. INS systems relating to naturalization are apparently more interoperable with FBI systems and produce security check results in shorter periods of time
=======quote=====
=======quote=====
Though the system upgrade is reportedly nearly complete, a backlog of pending cases remains for which FBI clearances must be obtained. The most severe impact of the backlog will be on adjustment cases. INS systems relating to naturalization are apparently more interoperable with FBI systems and produce security check results in shorter periods of time
=======quote=====