Immigration adjudication process for certain types of cases that require security background and name check have always been notoriously prolonged in the past, due to the extremely slow process or rather sometimes no-process at FBI. We have seen extreme examples including an adjustment of status application (I-485 for "green card") pending with USCIS for over 5 years, primarily due to the reason that the USCIS did not receive the required fingerprint check result from FBI. There were many legal actions in form of “writ of mandamus” litigations filed against both USCIS and FBI in various federal courts across the nation, as a result. That was the background and history.
Not any more!
Since the beginning of last year, USCIS made some promising changes in the adjudication of cases that required background check and took certain cases out of the adjudication requirement subject to the final completion of such name check in Feb. 2008, giving FBI the much needed workload pressure break. At the same time, FBI has streamlined its own process and substantially improved its workflow, possibly prompted by numerous litigation cases in the past two years. Now, we have seen very speedy processing of those cases on both USCIS and FBI parts, especially in I-485 (for “green card”) and N-400 (for “naturalization” or citizenship) that traditionally require fingerprints for security background check.
The most recent and fast N-400 naturalization case represented by Patricia Conkright, Esq. at Yu, South & Associates took LESS THAN TWO AND HALF MONTHS from beginning to completion. Specifically, we filed this particular N-400 on 09/17/2009, and we were able to accomplish everything for this client within 75 days. The final naturalization oath ceremony in this case just took place this afternoon at 1:30pm in the USCIS Dallas District Office! That was not only great for our proud clients, but also to the great credit of USCIS and FBI efficiency and productivity!
We are very pleased to see this steady trend continuing and would only wish that the visa availability in the employment categories, especially that in the 3rd preference situation, would also begin to show some encouraging changes so that those current H-1B status holders with a certified PERM and approved I-140 in the EB-3 category from 4 to 5 years ago can start the last step toward the final process through either adjustment of status applicaiton or consular processing for the long awaited “green card.”
If you have questions, either about a delayed FBI fingerprint or security background name check regarding your pending N-400 or I-485 or questions about any other immigration related matters including I-9 compliance, PERM audit or H-1B audit or investigation, you can send in your questions to us via email directly here to:
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