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From MURTHYBULLETIN dated December 20th
Update on Processing Delays
Earlier coverage in the MURTHYBULLETIN and on MurthyDotCom informed
readers of a temporary slowdown in adjudications of adjustment of status
and naturalization cases. This has been referred to as a temporary
"freeze." INS has stated that there is no "freeze" and that cases are
continuing to be processed for adjudication. However, the INS has changed the
manner and timeframe for issuance of approvals.
The reason for this, as reported in our November 29, 2002 article "No
General INS Processing Freeze" <
http://www.murthy.com/UDinsfre.html>, is
that the INS now is neither allowed to grant adjustment of status to
permanent residence nor naturalization towards U.S. citizenship until it
first receives a favorable FBI response to the background check for
each applicant concerned regarding these immigration benefits. In the
past, the INS operated on a "no news is good news" presumption that a
result was favorable unless the FBI provided information to the contrary
within a certain timeframe. The FBI did not actually respond to each
background check request, but only to those with negative findings.
A change in the computerized background check system at INS was
required in order allow for an FBI response in each case. Approvals for those
cases that were subject to the new requirement could not be issued
during the computer upgrade. The INS has advised that the modifications to
the computer system are nearly finished, enabling the needed background
checks to be made at this time. However, the temporary delay has caused
a backlog of cases needing FBI clearance. These cases are still
experiencing delays, awaiting FBI processing, and for their results to be
relayed to the appropriate INS offices.
© The Law Office of Sheela Murthy, P.C.