On 2/28/08 USCIS released updated background check Q & As. The policy update
is followed by the first draft of the Q & As released on 2/20/08.
BACKGROUND CHECK POLICY UPDATE (February 28, 2008)
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section
245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (
Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization
applications. Recently, the agency did modify its existing guidance for
certain applications (see above) where the immigration laws allow for the
detention and removal of individuals if actionable information from a FBI
name check response is received after approval.
No application for lawful permanent residence will be approved until a
definitive FBI fingerprint check and Interagency Border Inspection Services
(IBIS) check are completed and resolved favorably. (Please refer to the
USCIS Immigration Security Checks fact sheet on the USCIS website for more
information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence,
USCIS will adjudicate the application based on all required evidence
outlined in applicable law and regulation if the application is otherwise
approvable, outside of normal processing times, and the FBI name check
request has been pending for more than 180 days.
Q4. What happens if USCIS later receives adverse information from an FBI
name check?
A4. In the unlikely event that Department of Homeland Security, (DHS)
receives actionable adverse information from the FBI name check after the
application is adjudicated, DHS may detain the applicant and initiate
removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General
recommendation that USCIS better align its background check screening
policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS
and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved
until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. In addition, in
the unlikely event that DHS receives actionable adverse information after
the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately
affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent
residence (I-485) cases that are otherwise approvable but have an FBI name
check pending. A portion of these cases are both outside normal processing
times and have an FBI name check that has been pending for more than 180
days.
These cases will be subject to processing under the new policy. USCIS
anticipates the majority of the cases that can now be adjudicated will be
processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI
fingerprint and Interagency Border Inspection Services (IBIS) check results
be obtained and resolved prior to the adjudication of an Application for
Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by
the policy change?
A9. USCIS has begun identifying cases affected by this policy modification
in each field office and service center. Each office will evaluate the
pending cases and will adjust their workload accordingly. USCIS anticipates
the majority of the cases subject to this policy modification will be
processed by mid- March 2008. We recommend customers wait until March 10
before inquiring about their cases. This will allow each office sufficient
time to identify and adjudicate pending cases.
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there
a plan to include other forms, specifically nonimmigrant and naturalization
, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service
number or make an INFOPASS appointment to visit their local office if their
case is outside of normal processing times and they believe their
application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we
recommend that customers wait until March 10, 2008, before inquiring about
cases affected by this policy modification. This will allow each office
sufficient time to identify and adjudicate the relevant pending cases. If no
action is taken by mid-March, we recommend inquiring with the USCIS
customer service line at 1-800-375-5283. This procedure is for customers who
have been previously informed that their case is pending due to the FBI
name check. (Cases that are still pending within the processing times will
be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an
Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or
updated fingerprint checks are needed.
– USCIS –
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