FBI name check processing time for a VISA
2 years 6 months ago #7758
...My Attorney suggested to sue the US CIS and the FBI, using a Mandamus lawsuit. Is this a good option? Will it reduce the FBI name check processing time? Will this lead to any advrese effect in my case? Any success has been reported after suing FBI? Do you have any better suggestion?
I am aware of 3 cases of Mandamus law suits that worked, but in each case the delay had been 3+ years.
Case 1 --
The Plaintiff's case had been on file with USCIS almost three years before he sought our assistance.
Prior to filing the AOS application, Plaintiff filed an I-140 petition on his own behalf, which USCIS approved. The Plaintiff is a professor of science with extraordinary ability as defined under the first preference category of employment-based priority workers. He filed a lawsuit against the Department of Homeland Security (DHS) and others to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
Approximately three weeks after the filing of the above mentioned lawsuit, Plaintiff received his adjustment of status (green card).
Case 2 -
a citizen of China had filed an adjustment of status application on the basis of marriage to a U.S. Citizen. The Plaintiff's adjustment of status had been pending with the USCIS for almost three years. USCIS did not adjudicate her adjustment of status application since they could not get the name check clearance from the FBI. He filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
Approximately eight weeks after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card).
Case 3 -
a citizen of Taiwan had filed an employment-based adjustment of status application. The Plaintiff's adjustment of status had been pending with the USCIS California Service Center for almost three and one half years. USCIS did not adjudicate his adjustment of status application since they could not get the name check clearance from the FBI. He filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
Approximately six months after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card).
Do you think "FBI name check" is different than the "Security Clearance" by DoS?
FBI name check
is a part of Security Clearance by the Department of Sate (DOS).
Some FBI name checks and DOS reviews take months or even several years to resolve. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
• The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
• FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
• FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS.