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.)

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

  1. AOS applicant says:

    Thanks for the update.
    I had my FP taken in Oct. 2006 and my I485 application is pending at NSC. I have been told by Immigration officer on phone that I will not need to go in for FP at local ASC because they have the ability now to refresh the FP. But according to recent AILA meeting, since July 2007 USCIS started storing them digitally [ http://immigration-information.com/forums/showthread.php?t=4398 ] .

    Do you have an insight into this issue? Should I expect a FP letter soon as it’s been 15 months since my first FP.


  2. Vonda K. Vandaveer says:

    Thank you for visiting our site. With regards to your question about fingerprinting the following is AILA’s question on this subject to USCIS’ Service Center Operations and USCIS’ “informal” response as of Feb. 20, 2008.

    “QUESTION. In the past, fingerprints “expired” after 15 months. Many of the cases that will be affected by the new background check procedures have been pending longer than 15 months. Will those applicants have to be re-fingerprinted?

    ANSWER: Yes, if the fingerprint results have expired, the applicant will need to have new fingerprints taken. Those new fingerprints usually clear within a week or so.

    USCIS will check with the ASCs to make sure that there is an efficient process and that significant delays do not occur with scheduling these applicants for new biometrics.

    USCIS will get back to AILA with the approximate number of I-485 applications (of the combined 25,000 mentioned above) where the fingerprint results have expired.

    Also, note that as of July of 2007, the biometrics are stored under a new system and those fingerprints will be able to be “refreshed” so that new ones don’t need to be taken in the future.”

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