Security Checks Apply to Naturalization Applicants
Posted May 31, 2002

The required security checks through the Interagency Border Inspection System (IBIS) now apply to all INS applications. The INS had previously announced that the checks would not apply to forms beginning with "N." The most common of these forms is the N-400, Application for Naturalization (citizenship). These applicants are no longer exempt. We informed MurthyBulletin subscribers of these security checks in our May 17, 2002 NewsFlash entitled Mandatory Security Checks Cause INS Backlogs, available on MurthyDotCom.

In an INS Memo dated May 10, 2002, William R. Yates, Deputy Executive Associate Commissioner, Office of Field Operations, Immigration Services Division, set out the guidelines for IBIS checks for those who have successfully completed the naturalization interview and are awaiting the oath ceremony. One is not a U.S. citizen until sworn in. Depending upon location, the ceremony can take place on the same day as the interview or several months thereafter.

The Memo directs that individuals waiting to be sworn in should be processed through IBIS prior to the ceremony "to the maximum extent possible." However, the IBIS check can take place subsequent to the oath ceremony if it is impossible to complete the check beforehand. This temporary leeway will only affect a small group of individuals, i.e. those set for swearing in between May 10, 2002 (the date of the Memo) and May 28, 2002. As the Memo explains, INS expects that no ceremony will proceed after May 28, 2002 without IBIS checks.

As with any additional step, delays are inevitable. At this point, there is no reliable information available as to the anticipated length of delays in naturalization cases. While persons who are waiting to take the oath are in lawful permanent resident status and can continue to live and work in the U.S., delays in naturalization can have serious consequences for family members. In order to petition for certain family members, the petitioner must be a U.S. citizen. A delay in the naturalization of an adult child results in a longer wait for eligibility to immigrate for the parents. Depending upon the circumstances, such delays can cause hardship. Spousal cases are another example, since the naturalization of the petitioner significantly impacts the spouse, who is no longer subject to any waiting list and can file for adjustment of status.