2/6/2008 - USCIS Announces New Policy on FBI Name Checks

In a February 4 memo, Michael Aytes, Associate Director of Field Operations for U.S. Citizenship and Immigration Services announced a new policy concerning cases that are approvable but for incomplete FBI name checks. These name checks have up until now been a prerequisite for case approval for many types of cases including permanent residence, temporary residence, and waivers of grounds for inadmissibility not to mention naturalization (citizenship). Long waits for FBI completion of the checks in some instances have caused delays ranging from a few months up to four years for case approvals.

Under the new policy, applications which would still allow for detention and removal of the applicant after approval (in other words, everything which has been delayed for FBI name checks except for citizenship applications) will now be approved if 180 days have passed since the FBI name check process was started - but only if the case is otherwise approvable but for the FBI name check and no response has yet been received from the FBI. Once approved, the files will still be held at the adjudicating office until an FBI response is received, and if the FBI reports something negative USCIS will then determine whether to proceed with rescission of the benefit granted or with removal proceedings.