USCIS Clarification on Expedited Name Check

[gc-thro-spouse]

U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case.

Here's the full press release.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

 

[Al Southner]

The courts are going to screw USCIS again..

U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case.

Here's the full press release.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

GC,

This is memo is going to be struck down by the courts as soon as someone challenges this policy. Why? The courts have ruled that USCIS doesn't have carte blanche to adjudicate immigration cases indefinately. The Appeals Court in CA dealt a severe blow to USCIS in the past, and I expect this case to be brought another court to evaluate the constitutionality of this policy.

I wouldn't sweat it a bit... they are going to retract this nonsense policy...