No General INS Processing Freeze
Posted Nov 29, 2002

There have been recent rumors that INS has halted adjudications "until further notice" while they implement new security procedures. These new procedures are discussed in our November 29, 2002 MurthyBulletin article, Most Same-Day EADs and Advance Paroles End, available on MurthyDotCom. On November 22, 2002, Fujie Ohata, Assistant Commissioner, Service Center Operations, confirmed that these rumors are inaccurate. The truth is that some computer enhancements are needed in order to implement the new procedures. Specifically, it is necessary to obtain a definitive FBI response when there has been an indication that a record may exist, based upon an IBIS name check. The reason for this change was the recent naturalization of an individual with suspected ties to a terrorist organization.

While the enhancements are being installed, cases will continue to be reviewed but final determinations on adjustment of status (I-485) and naturalization will be held, pending the final computer upgrade. This process is expected to last approximately 1-2 weeks. There will be additional delays for individuals who have an FBI "hit" based on the name check. In that event, the case cannot be adjudicated for final decision until the FBI makes a determination as to whether the applicant matches the person in their files. The delays will not have any impact upon nonimmigrant petitions (such as Hs and Ls) or on immigrant petitions (I-130, I-140, I-360). These cases will continue to be subject to existing IBIS procedures.