Visa Lawyer Blog
If you are going through the immigration process, or know someone that is an immigrant applying for a visa or Citizenship, chances are that you must have heard of the NAME CHECK delays.
FBI and other agencies pull cases for whatever reason and until they are cleared, the immigrants can not complete the immigration process. We have numerous clients pending for years, waiting for this to be completed. Sometimes we had to sue the government to force them to act, but even this option is becoming very complicated.
But is seems that relief is on the way. Immigration Daily, the biggest online immigration publication reports the following:
Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned
Let’s hope for the best.