Iraqi SIV Applicants Face Longer Path To Green Card Due to More Security and Background Checks

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Iraqi SIV applicants can expect even longer delays in processing due to a more extensive background check process out of concerns for U.S. national security.

The end of the long road to a green card used to be the visa interview at the U.S. Embassy, the background checks having been done before this stage.

Now, under a new policy, background checks are done again at the time of the interview to ensure no new negative information about the applicant has surfaced.

These delays are also occurring with Iraqi SIV applicants who are already in the United States and applying to adjust their status there. [The SIV (Special Immigrant Visa) is available to eligible Iraqis who have worked for or on behalf of the U.S. government in Iraq for more than a year since March 20, 2003 and have experienced an ongoing serious threat because of that work.]

Our clients began experiencing these delays late last year. These delays can last weeks or months, or worse, years. There is no way of knowing when the person will be cleared and there is almost no way to rush the process.

For the Iraqis already in the United States, the delays are an inconvenience since most are in another valid status. For the Iraqis oversees, and in particular those still in Iraq, however, the delay puts their lives more at risk, thereby undermining the purpose of the SIV. Knowing a long wait exists may also be a deterrant for those seeking legal immigration, provoking  into attempting illegal migration to the United States or elsewhere.

We wish something could be done to speed up this clearance process, but there is little to do but wait at this point. Eventually, after an excessive wait –  normally excessive in the immigration context is years, not months – litigation may be an option.

The trigger for the revised and enhanced background check process was the arrest in the United States of an Iraqi who was admitted as an asylee despite being accused of planting roadside bombs in Iraq, according to an article in the Los Angeles Times.

As a result, more than 58,000 Iraqi asylees and refugees already in the United States will be re-screened, according to the Los Angeles Times article. In addition, those applying for asylee, refugee or SIV status will be subjected to a multi-step background check that due to the work overload on the agencies involved in this process inevitably will delay their application process

The following is an excerpt from an USCIS report on Iraqi refugee statistics that explains the revised background check posture.

Ensuring Security

We are committed to conducting the most rigorous screening in order to ensure that those being admitted through the refugee program are not seeking to harm the United States. In May 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States. The security check regime, including both biographic and biometric checks, has been enhanced periodically over the last several years as new opportunities and interagency partnerships with the law enforcement and intelligence communities have been identified.

 These enhancements are a reflection of the commitment of DHS and other agencies to conduct the most thorough checks possible to prevent dangerous individuals from gaining access to the United States through the refugee program. The latest enhancement to the refugee security check regime involves a new “pre-departure” check shortly before refugees are scheduled to travel to the U.S. It is intended to identify whether any new derogatory information exists since the initial checks were conducted. These pre-departure checks went into effect in late 2010. No case is finally approved until results from all security checks have been received and analyzed.

 

 

 

New biometrics ACS office opening in Saipan in March 2009

A new Application Support Center (ASC) is scheduled to start operations March 2, 2009 in Garapan, Saipan in the Common Wealth of the Northern Mariana Islands (CNMI), according to a USCIS press release.

The new center will allow the people to provide their fingerprints and other biometrics without having to travel to Guam or the United States.

In addition to the traditional function of fingerprinting services, people will be able to make appointments through the USCIS website (www.uscis.gov) to see an Information Officer at the ASC for general immigration questions.

The customer service line (800) 375- 5283 is also now accessible toll-free from the Commonwealth.

In CNMI, U.S. immigration law currently only applies to immediate relatives of U.S. Citizens. Come June 1, 2009, when the transition period is scheduled to being, U.S. immigration law in general will be applied to the CNMI, according to USCIS.

On May 8, 2008, President Bush signed into law Public Law 110-229, the Consolidated Natural Resources Act (CNRA) of 2008.  Title VII of this law amended P.L. 94-241, the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States.  Title VII extends certain provisions of the Immigration and Nationality Act (INA) to the CNMI for the first time in history, according to USCIS.

I-140 Premium Processing Program Expanded Starting March 2, 2009

Effective March 2, 2009, USCIS has announced it will begin accepting premium processing for I-140 petitions for foreign nationals who meet certain conditions.

USCIS has announced it will expand its premium processing service to include I-140 beneficiaries who:

• Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
•  Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and 
• Are ineligible to extend their H-1B status under section 106(a) of AC21.

H-1B Holders: Employer Not Paying the Prevailing Wage? Take Action!

Employers are required by law to pay H-1B holders at minimum the prevailing wage for their job. Unfortunately, unscrupulous employers can be quite creative in avoiding this obligation.  

H-1B holders, though, do not have to endure such exploitation. They have rights. H-1B holders can force their employers to pay up without risking their nonimmigrant status in the United States.

How can you enforce your rights against exploitative employers?

Employee rights attorney Michael Brown at the law firm of Peterson, Berk & Cross in Wisconsin has written a few tips for H-1B holders who are being underpaid and want to do something about it.

In his blog article, Employee Tip: If You’re an H-1B Worker Being Underpaid Wages, Consider These Things, he describes your rights, actions to take now to preserve your rights, and your options for pursuing a claim against the employer.

For more information about H-1B rights, please visit the blog H-1B Legal Rights at www.h1blegalrights.com.

Iraqi Worker Immigrant Visa Open For Application Now

At long last, the new immigrant visa for certain Iraqis who have worked with the U.S. government is now available, USCIS has announced.

USCIS is accepting applications for the promised special immigrant visa for certain Iraqi nationals who worked for, or were contractors of, the United States government in Iraq for at least one year after March 20, 2003 and who have received serious threats because of that work.

The applicant’s spouse and children are eligible to immigrant as well.

The U.S. government announced the creation of the new Iraqi worker visa in January 2008, but delayed implementation until now while it formulated the regulations and procedures for applications.

To be eligible, the applicant must establish he or she:

1. is a national of Iraq;

2. has been employed by, or on behalf of, the U. S. Government in Iraq, on or after March 20, 2003, for a period of not less than one year;

3. provided faithful and valuable service to the U.S. Government, which is documented in a recommendation from the U.S. citizen or national who is the applicant’s senior supervisor, or the U.S. citizen or national currently occupying that position, or a more senior U.S. citizen or national, if the applicant’s senior supervisor has left the employer or left Iraq.

If it is not possible to obtain a recommendation from a supervisor who is a U.S. citizen or national, then the applicant may request a recommendation from the applicant’s senior supervisor, provided the U.S. citizen or national responsible for the contract co-signs the letter.

The recommendation must be accompanied by the approval of the Chief of Mission (COM) or designee of the COM based upon an independent review of records maintained by the USG or hiring organization or entity to confirm employment and faithful and valuable service;

4. has experienced or is experiencing an ongoing serious threat as a consequence of the applicant’s employment by the U.S. Government, as documented by a risk assessment conducted by the COM or the designee of the COM;

5. has cleared a background check and appropriate screening; 

6. is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence. In the determination of such admissibility, the grounds for inadmissibility specified in INA 212(a)(4) (8 U.S.C. 1182(a)(4)) relating to “public charge” shall not apply.

Essentially, applying for this visa is a two-step process. First, the applicant must obtain the approval of the COM of the U.S. embassy. Then, the applicant must seek approval from USCIS. Applications for USCIS approval are made using Form I-360. There is no application or biometric fee for this application.

More information on the eligibility criteria is available here on the USCIS website.  

The State Department has posted additional eligibility and processing information about the visa here.

The regulations authorize 5,000 of these visas per year starting in fiscal year 2008 through 2012. If the numerical limitation is not reached during a given fiscal year, the unused numbers will roll-over into the 5,000 authorized for the following fiscal year. If the numerical limitation for FY 2012 is not reached, any unused numbers from that year may be used in FY 2013. Numbers will not carry forward into FY 2014, said USCIS.

This new program for Iraqi workers is different from the special immigrant visa program for Afghan and Iraqi translators. The new Iraqi worker program though, is available to the group of translators as well. In fact, eligible translators who file or who have filed under the translator program before Oct. 1, 2008 but who are unable to adjust status or receive an immigrant visa because  USCIS has reached the current year’s cap of 500, will have their applications automatically converted to the new program for Iraqi workers, USCIS said. 

The translators whose applications are converted to the new Iraqi worker program do not need to provide any additional documents or meet any other eligibility requirements under the new program as long as they meet the requirements under the translator program. However, individuals who file under the translator program after Sept. 30, 2008 will be subject to an annual cap of 50 for FY 2009, according to USCIS.

Didn’t Mark “Change of Status” On H-1B Application? Cap-Gap Relief Problem Remedied

USCIS has remedied the ironic situation in which the H-1B applicants most in need of cap-gap relief were being excluded due to a requirement of the new regulation that the petition be marked for “change of status.”

To rectify the problem, USCIS is allowing the petitioners to request a change of status to make these employees eligible for the cap gap relief under the new regulation.

The request for change of status must be made within 30 days after receiving a receipt notice. Petitioners should not apply until a receipt notice is received.

USCIS explains the process as follows:

To request a change of status in lieu of consular notification, petitioners (or authorized representatives) should send an e-mail with the request to the USCIS service center where their petition is pending within 30 days of the issuance of the receipt notice.

 The requests should include the receipt number and both the petitioner’s and beneficiary’s name, date of birth, I-94 (Arrival/Departure Record) number, and Student and Exchange Visitor Information System (SEVIS) number.

 Special email addresses for each service center have been established specifically for this purpose. These addresses are listed below and are posted on USCIS’ website.

 E-mail addresses for requesting change of status are:

Vermont Service Center

-  Premium Processing cases: Vscppcapgap@dhs.gov

-  Non-Premium cases: Vscnonppcapgap@dhs.gov

 California Service Center

- Premium Processing cases: ppcapgap@dhs.gov

- Non-Premium cases: nonppcapgap@dhs.gov

If an F-1 student, who is the beneficiary of a selected 2009 H-1B petition, has a pending request to change to a status other than H-1B but now wants to file under the process outlined above, he or she should withdraw the previously filed change in accordance with established procedures.

For more information, please see the USCIS announcement.

H-1B Lottery Held Monday; Winners To Receive Notice By June

USCIS has announced it held the H-1B lottery for both regular and advanced-degree exemption petitions Monday, April 14, 2008.

Those H-1B petitions selected in the lottery for fiscal year (FY) 2009 now will continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number, according to the USCIS press release.

Petitioners selected for full adjudication should receive a receipt notice dated no later than June 2, 2008, according to USCIS.

USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives.

The total adjudication process is expected to take approximately eight to 10 weeks.

For cases selected through the lottery and initially filed for premium processing, the 15-day premium processing period began April 14, the day of the random selection process.

USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible.  USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition.  USCIS will send a letter to the wait list petitioners to inform them of their status

USCIS said it expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks. 

H-1B Lottery Scheduled For Next Week

The H-1B lottery for FY 2009 is expected to start next week, USCIS announced.

Using a computer-generated random selection process, USCIS will start with the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree exemption will join the lottery for the regular 65,000 cap.

USCIS received almost 163,000 H-1B petitions during the filing period ending on April 7, 2008. More than 31,200 of those were for the advanced degree exemption, according to USCIS.

These numbers are up from last year’s preliminary figures, when USCIS reported receiving 133,000 filings, overall within the first two days of the April 1, the opening day of the filing season for the upcoming fiscal year.

In addition, unlike this year, the advanced degree cap was not immediately reached last year, with 12,989 being filed in connection with the opening-day rush.

New H-1B Cap Gap Rule May Not Help Those Who Need It Most

The new H-1B cap gap bridge is revealing a crack that may cause it to collapse.

The new regulation requires H-1B applications be marked “change of status” to benefit from the automatic Optional Practical Training (OPT) cap gap extension.

This requirement poses a critical problem for cap gap sufferers because they would not have been eligible to change status. Instead, those whose status would have expired before the Oct. 1 employment start date would have had to leave the country to obtain their visa, thus they would have not checked the “change of status” box.

In other words, the regulation has made itself inapplicable to the very group it is intended to protect.

AILA has called this irony to the attention of USCIS and is awaiting guidance.

We will post any update as soon as it is announced.

 

H-1B Cap Hit; Application Lottery to Commence

USCIS announced the H-1B regular and advanced degree exemption caps for FY 2009 have been met, meaning applications will be drawn in a lottery for processing.

USCIS will use a computer-generated random selection process for all cap-subject petitions received, beginning with the 20,000 advanced degree exemption petitions first.

Once that category is hit, the excess advanced degree petitions will be added to the regular H-1B petitions for random selection for processing.

If your petition is not selected in the lottery for processing before the 65,000 visa limit is reached, USCIS will reject it and return the filing fee.

More information is available on the USCIS website. 

New OPT Rule Effective Today, April 8, 2008

The interim final rule regarding the extension of optional practical training (OPT) for certain foreign national students was published in today’s Federal Register, meaning the rule is now in effect.

The final rule will be issued after the Department of Homeland Security reviews public comments, which must be submitted by June 9, 2008.

The rule extends OPT for two categories of students. The first is for pending H-1B applicants who are caught in the cap gap caused by the limited annual availability of visas. Those applicants with a start date of Oct. 1, 2008, when the new H-1B visas become available, but whose OPT period will expire before Oct. 1, 2008 will receive an automatic extension of their OPT to cover them through Oct. 1, 2008, assuming the H-1B application is approved.

If the application is denied, the student has 60 days to leave the country from the date of notification of the denial.

The second category of students to benefit from the new rule are those who hold degrees in science, technology, engineering and mathematics and whose employers are enrolled in the controversial E-Verify program. OPT for these students is being extended from 12 months to 29 months, a 17-month increase.

The published rule in the Federal Register is available here: http://edocket.access.gpo.gov/2008/pdf/E8-7427.pdf

For more information about this new rule, please see our earlier article OPT Extension to Benefit H-1B applicants and STEM students. 

OPT Extension To Benefit H-1B Applicants and STEM Students

[PLEASE SEE OUR UPDATED POST ON OPT AND THE STEM PROGRAM "NEW OPT RULE EFFECTIVE TODAY, APRIL 8, 2008"]

 

Optional Practical Training (OPT) time is being extended for pending H-1B applicants caught in the cap gap and for students with science, math and similar degrees, USCIS announced this week.

 

In particular, OPT will be extended automatically for those F-1 student visa holders who have applied for an H-1B work visa but who will have a gap in authorized stay because they cannot start work until Oct. 1, when visas for the next fiscal year will become available.

 

The extension will cover this gap, enabling them to continue working and alleviating concerns by employers who would be at risk of losing a valuable employees because of the unreasonably low number of H-1B work visas available annually.

 

The new rule also provides for the extension of OPT from the traditional 12 months to 29 months to students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program. (E-Verify is an internet-based system operated in partnership with the Social Security Administration that is used to check a newly hired employee’s right to work. E-Verify has been widely criticized for its error rate, forcing the employer to question employment eligibility of U.S. citizens and non-citizens alike.)

 

To be eligible for an OPT extension under the STEM program, an F-1 non-immigrant student must:

 

l Currently be participating in a 12-month period of approved post-completion OPT;

 

l Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program;

 

l Be working for a U.S. employer in a job directly related to the student’s major area of study;

 

l Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services’ E-Verify program.; and

 

l Properly maintain F-1 status.

 

The STEM designated degrees include:

 

l Actuarial Science

l Computer Science (except Data Entry and Microcomputer Applications) 

l Engineering

l Engineering Technologies

l Biological and Biomedical Sciences

l Mathematics and Statistics

l Military Technologies

l Physical Sciences

l Science Technologies

l Medical Scientist (MS, PhD)

 

The new rule takes effect the day it is published in the Federal Register. That date has not been given yet, but should be soon. The public has 60 days to comment on the rule, after which the government will consider the comments and issue a final rule.

 

The rule is available here: http://www.dhs.gov/xlibrary/assets/press_opt_ifr.pdf

 

USCIS has posted frequently asked questions regarding the new rule on its website. 

 

 

USCIS, FBI Announce Plan to Eliminate Name Check Backlog

USCIS and the FBI have announced a joint plan to eliminate the name check nightmare that holds up processing of applications, such as for green cards and naturalization.

The agencies say they will obtain their new processing goals “by increasing staff, expanding resources, and applying new business processes,” according to a USCIS press release.

The agencies have set the following milestones for name check processing:

May 2008 – Process all name checks pending more than three years

July 2008 – Process all name checks pending more than two years

Nov. 2008 – Process all name checks pending more than one year

Feb. 2009 – Process all name checks pending more than 180 days

June 2009 – Process 98 percent of all name checks within 30 days and process the remaining two percent within 90 days.

Plan Ahead: Biometrics Now Required For Re-Entry Permits BEFORE Leaving the U.S.

Permanent residents who require a re-entry permit to return to the United States after traveling abroad for more than an year can no longer simply file and leave, according to a new USCIS requirement.

Now, they must wait for an appointment to provide fingerprints and photographs (i.e. biometrics) first.

The new policy also applies to refugees needing a Refugee Travel Document, but it does NOT apply to those seeking Advance Parole. The same Form I-131 is used for all three forms of permission to return.

This new requirement became effective March 5, 2007. After providing biometrics, the applicant may then travel and, just as before, and have the approval sent to the embassy for pick up overseas.

Although USCIS offers an expedite service, this new requirement promises to wreck further havoc on travel plans, given the frequent delays in processing applications.

Update On Family Visa Processing Under New Name Check Policy

The immigration service has provided AILA with the following explanation about processing family-based green card applications in light of the new policy regarding name checks that have been pending for more than 180 days:

“Assuming that an application is otherwise ready to be placed into the interview queue, and the only item remaining is the name check, then the application will be placed in the queue in time for the application to be ready to be scheduled for interview as of the 180th day.

If the application is not ready to be placed into the interview queue (for example, if the biometrics have not been taken), then the application will not be placed into the queue, even if the name check has been completed.

NBC reminds AILA members that the Field Offices schedule cases when they have available interview slots. The automated system by which Field Offices schedule interviews automatically schedules applications on a first-in, first-out basis (based on the date the filing was received at USCIS, which usually would be when received at the Lockbox), once the NBC identifies a case as interview ready.”

For more information, see our other articles: Updated Q and A Re USCIS New Name check Policy Available, How You Can Use the New CIS Name Check Policy to Jump Start Your Stalled Case and CIS Policy Change: Green Cards May Be Approved Despite Pending FBI Name Checks. 

Updated Q and A Re USCIS’ New Name Check Policy Now Available

USCIS has posted an updated Q & A regarding the new policy allowing for adjudication of certain applications, including those for permanent residence, if name checks have been pending for more than 180 days.

Here are two of the key questions addressed in the updated Q & A about when applicants may expect to receive news about their case.

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.

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.)

Naturalization Delays? What You Can Do About It

While permanent residency applicants were pleasantly surprised by the new USCIS policy allowing adjudication of applications with FBI name checks pending for more than 180 days, naturalization applicants in the same situation were disappointed to learn no such remedy is in sight for them.

So what can you do if your naturalization application is stuck in the FBI name check black hole?

One option is to file a lawsuit against USCIS and the FBI for unreasonably delaying the processing of your case. This lawsuit, known as a mandamus action, enables plaintiffs to request the court to order USCIS and the FBI to do their jobs by adjudicating the case, or in the alternative, conduct a new naturalization hearing before the judge.

Immigrants who have been waiting for years for their application to be processed have been filing such suits in federal courts around the country, generally with success.

AILF (American Immigration Law Foundation) provides an overview of the status of these delayed naturalization lawsuits on its website here.

Additional information on the use of mandamus for other DHS applications, as well as naturalizations is available through AILF here.

These lawsuits for delayed naturalization adjudications are based on INA § 336(b) (8 U.S.C. § 1447(b) ), which requires the government to make a determination on naturalization applications within 120 days of the “examination.”

If the application is not adjudicated 120 days after the “examination is conducted,” under INA § 336(b) an applicant may file a petition in district court seeking judicial adjudication of the application (i.e. the court holds its own naturalization hearing) or return it to USCIS with an order to finish processing it in a timely manner. [Note: With this latter option, you are not asking the court to approve your case. Rather, you are asking the court to compel USCIS to complete processing of your case.]

The hurdle to getting these cases into court centers on the question of whether the FBI name check is considered part of the “examination” so as to provide the court with jurisdiction to hear the mandamus action.

The government argues that the “examination” encompasses the entire process of gathering information about an applicant, including the completion of the FBI check, explains AILF. Thus, the government says, if the FBI check still is pending, the 120-day clock has not started ticking.

The plaintiffs, however, argue the 120-day period runs from the date of the naturalization interview.

Across the country, the courts are agreeing with the plaintiffs that jurisdiction exists even if the name check is not complete. A few holdouts remain, though, so it is important to know the status of the law in your jurisdiction before filing a case.

As to the remedy granted to plaintiffs, most courts have been choosing to remand applications to USCIS for decisions within a specified time frame rather than to conduct naturalization hearings. 

As these mandamus lawsuits have become more and more popular and effective, USCIS is coming up with new policies designed to thwart prospective plaintiffs.

For example, in April 25, 2006, the USCIS announced it will schedule naturalization interviews only after the FBI name check has also cleared, thereby avoiding the triggering of the 120-day clock that has served as the basis for the lawsuits.

In addition, in the early days, when a mandamus lawsuit was filed, USCIS would react by requesting the FBI to expedite the name check for processing. On February 20, 2007, however, USCIS announced that it will no longer make expedite requests based merely on filing a lawsuit.

AILF says the extent to which this new policy affects mandamus actions is still unclear. It says practitioners continue to report that the government is mooting mandamus actions by taking the action requested in the complaint; other practitioners, however, report that the U.S. Attorneys are defending the government more aggressively than in the past.

Attorney Fees

Winning plaintiffs can seek attorney’s fees and costs for pursuing their mandamus actions in federal courts under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and 5 U.S.C. § 504 et seq. The courts, though, will only award attorney’s fees when there has been some sort of court order demonstrating that the plaintiff was the “prevailing party.”

A prevailing party can be established, for example, by a judgment in the plaintiff’s favor, or perhaps a settlement agreement or consent decree approved by the court.

If the government, however, takes the action prior to and in the absence of a court order, attorney’s fees are not recoverable.

For more on EAJA fees, see AILF’s discussion here.

Status Update Available March 30 For Processing Of Employment-Based Green Cards Under New USCIS Policy On Pending FBI Name Checks

USCIS has moved up the date to March 30, 2008 for seeking status updates on employment-based green card cases that may be eligible for processing in light of the change in policy regarding pending FBI name checks, according to AILA.

Previously, USCIS had said it would need until April 30, 2008 to sweep its files and identify cases subject to processing in light of the new policy. AILA is reporting now, however, that USCIS service centers say they will accept requests on status updates for employment-based cases effective March 30, 2008.

USCIS has made available to AILA a series of questions and answers regarding this new policy and its implementation that we have posted here.

For more background information see our other articles CIS Sweeping Files For Green Card Cases Eligible For Processing Under New Policy and CIS Policy Change: Green Cards May Be Approved Despite Pending FBI Name Checks.

USCIS To Take 3 Years to Clear Naturalization Backlog; Processing Time Up To 18 Months Now

USCIS is estimating it will take three years to clear the backlog of naturalization applications submitted just before the fee increase in July 2007, according to the Migration Policy Institute.

Following the summer surge, applications went from taking 6-7 months on average to process to 16-18 months.

USCIS attributes the surge in applications to both the fee increase and nationwide naturalization campaigns in the run-up to the presidential election. USCIS reports that between May-July 2007 it received 737,223 applications, 3.5 times more than  the usual number of 207,536 received during the same period the previous year, according to the Migration Policy Institute.

USCIS says it has beefed up manpower to deal with the volume, but anticipates it will be 2010 before processing times will drop back to those pre-surge.

While discussing its efforts to address the surge, USCIS makes no mention of how it plans to combat the multi-year delay of thousands of naturalization applications due to pending FBI name checks.

Immigration attorneys nationwide have been forced to address these delays by filing a mandamus lawsuit in federal court against DHS/USCIS and the FBI to compel the government to finish processing the applications. For more information about mandamus lawsuits, please visit AILF (the American Immigration Law Foundation), which is tracking mandamus actions against the government for delays of both naturalization and adjustment of status (I-485) applications.

CIS Sweeping Files For Green Card Cases Eligible For Processing Under New Policy

In response to the new policy allowing for processing of green card cases and other applications with FBI name checks pending for more than 180 days, USCIS is sweeping its files looking for eligible cases, according to AILA.

AILA’s service center operations liaison confirmed USCIS is proactively searching for those adjustment of status cases that can be processed now under the new policy. USCIS told AILA its target date for identifying and acting on eligible cases is April 30, 2008.

AILA national and local offices will continue to monitor USCIS’s actions in light of the new policy. Our site will provide updates as the situation develops.

For more information, see our other articles: How You Can Use the New CIS Name Check Policy to Jump Start Your Stalled Case and CIS Policy Change: Green Cards May Be Approved Despite Pending FBI Name Checks