Thanks for the link to the Ombudsman article, a very good read indeed. It captured all the major concerns we, as consumers in this case, may have regarding FBI name checks, but came up with a completely wrong conclusion. It confirms that high-rank officials in Government agencies and law makers are fully aware of this issue, yet it sends out a chilling signal since nothing has been done to address it despite the fact that a delay in name check completion poses serious national security risks also.
Some of my take-away:
1. It is a well known problem “…USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
2. It is a significant problem. 15.7% written complaints are name check related. Considering many people never bother to file a formal inquiry, the actual percentage may be much higher.
3.
New data indicate 35% of cases need more than one year to complete name check, as compared to previous report of only 1%
4. They’ve seen cases pending name check for 4-5 years, both green card and citizenship applications.
5. Sometimes it is not your full name, but part of your name that is raising a flag and causing the delay.
6. USCIS actually pays FBI for name check services.
7.
USCIS may have to redo other background checks once a long delayed name check result finally comes back. Ouch!
8. It doesn’t make any sense to anyone if the purpose of conducting name checks is to ensure national security, but the individual is physically present in the US during a name check process that takes years to complete.
9.
This is important: the article recommends in the end that all background checks should be done prior to submission of applications. This is just ridiculous! It means you will have to wait for name check to be completed before you can even file I-485, thus not able to get EAD, AP and anything else. After all the right reasons he cited, he came up with the wrong conclusion. It is the year-long delay in the name check process that should be fixed, not the other way around. If future security checks only take one week to finish, it really doesn’t make a difference in terms of security concerns whether one can file applications before or after.