USCIS changes Namechecl procedure...for the better...but not N-400

O

oroper

Registered Users (C)
Just found this on ilw....

USCIS Revises Name Check Policy

USCIS previously required that the FBI name check clearance be obtained before any immigration benefits applications were approved, regardless of the length of time required for the FBI name check approval. USCIS issued a revised FBI name check policy,

"Where the application is otherwise approvablc and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the 1-485,1-601,1-687, or 1-698 and proceed with card issuance. The FBI has committed to providing FBI name check results within this timeframe."
Click to expand...


For the full USCIS memo, see here
 
The reason why they haven't implemented it with N-400 applications is that it's much more difficult to de-naturalize a citizen than it is to deport a legal resident alien (ie citizens have more legal rights). However, that still leaves the possibility of legal residents under removal proceedings to roam the country until they are caught.
 
Perhaps this is just wishful thinking on my part, but this could have a positive effect on the N-400s as well. Being that USCIS may now adjudicate I-485 without a completed name check, more FBI resources are now freed up to give priority to name checks for naturalization applicants. What do you guys think?
 
Well they still have to eventually complete the name checks for I-485 applicants so the volume of name checks won't go down.
 
vorpal, hope your wishful thinking comes true:)

Hi,

After reading the memo it seems that they also "feel" that the namecheck delay is reflected on their own performance so they are really taking some steps to reduce the backlog.

I hope vorpal's wishful thinking comes true and they do speed up the N400 process.

I think the reason they did not apply this rule to N400 is because in their "opinion" there is no "urgency" for anyone to naturalize. They can still live/work on greencard.

But it is a good news indeed! Good luck to all those waiting(including me!)

Regards
 
According to the FBI, the USCIS has never been an urgent client (Priority Level 3, if I recall correctly). Since the USCIS is now able to adjudicate I-485s without a completed name check, it no longer matters how many weeks, months, or years it will take to complete name checks on those applications. Also, being that the new memo effectively eliminates the necessity for I-485 applicants to file WOM lawsuits, all judicial focus will now be on N-400 related WOMs. I really hope I'm not being too much of an optimist here.
 
waitingforins2.....

It says in the Memo.....something to the effect...

We will approve I-485 etc if namecheck is not completed in 180 days and even if we come across reason we should deny...it will be easy enough to revoke I-485 etc...

We will not apply this to N-400 because (and I'm assuming) revoking citizenship is a lot harder then I-485 etc...

In a nutshell....
 
oroper said:
waitingforins2.....

It says in the Memo.....something to the effect...

We will approve I-485 etc if namecheck is not completed in 180 days and even if we come across reason we should deny...it will be easy enough to revoke I-485 etc...

We will not apply this to N-400 because (and I'm assuming) revoking citizenship is a lot harder then I-485 etc...

In a nutshell....
Click to expand...

thats exactly what bob smyth said
 
It seems that the only way is to file WOM for N-400

It seems no way out for N-400 folks but wait and file WOM after name check pending for more than 2 years.

N-400 Receipt date: 10/25/2006
Finger printing completed on 11/14/2006
 
Well,

as the Lawyer observed. As a GC holder you already did the whole process. Perhaps not the "refined" one, but a good portion of it and as a GC or visa holder, you are already on the radar if you screw up. As a consultant I have to go through background checks on a more or less frequent basis, drug tests etc.

It seems to be a very ill advised procedure - with one exception - guild by affiliation.

Guess that means not talking to anyone anymore, redrucing e-mail to what is really needed etc, thus ensuring leaving a very short list.

However - that advise is a little late for me after being here for 15 years and the internet never forgets.

Especially scary if one works in IT and knows how easy it is to cross connect information and that there is no data privacy law in the US (as if anyone would care)

So, if I know your IP address and want to know where abouts you live, I got to Wayne State and download the free of charge IP data base. If I want to know exactly where you live, I spend $500 for a commercial product. Then I just go a little fishing on the net and in less then a few hours I get tons of info.

That's the starter for amatures. I am sure with some digging there are tons of professional services and software.

Considering that there isn't "yet" a national ID card, I wonder how people who are born American would feel about this. Whilst I do agree that they have every right to prevent "screw ups" to become Americans or be in this country, I wonder how they would feel if that's done next time they have to renew their drivers license.

Whilst we play it by the book (I hope), one day they will need to turn their attention to the approx. 12 Million that don't. Compare that and the consequences to that little spike of last year and never mind that we probably have our records straight for the most part - as otherwise it's not very likely we would even be in this queue.

When 12 Million have to go through this process, that's when the system breaks, no matter how much money you throw at it. Because the 12 Million are in addition to what's already in the pipe.

As per revoking citizenship is complicated. That's a BS line. If you lie in the process, that's reason enough to revoke it.
 
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