USCIS Delays Certain Naturalization Interviews
Posted May 19, 2006
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A citizenship case must undergo certain security clearances before the applicant can obtain U.S. citizenship. Before the U.S. Citizenship and Immigration Services (USCIS) will approve a naturalization case, they must get a clearance from the Federal Bureau of Investigation (FBI) for both a fingerprint and name check. The clearance demonstrates that the individual seeking the naturalization benefit does not have any criminal or other matter in his/her background that would render that person ineligible for naturalization. It has been USCIS practice to schedule interviews after the FBI fingerprint check has cleared, but not always before the FBI name check has cleared. Based on a recent USCIS memo, the USCIS now requires the name check to also be cleared.
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USCIS Memo of April 25, 2006
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Under the new naturalization interview Memo, issued April 25, 2006, the USCIS will now only schedule an interview once the FBI name check has also cleared. The reason for this is to avoid lawsuits against the USCIS demanding a decision in the naturalization case.
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Government Avoids Mandamus Law Suits When Delay
Is beyond 120 Days of Interview
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The USCIS has changed this policy to limit the number of lawsuits that can be filed under Section 336(b) of the Immigration and Nationality Act. This section of the law permits naturalization applicants to file a writ of mandamus in federal court to force a decision on a naturalization case if 120 days or more have elapsed following the naturalization interview and there still is not a decision on the case. Since name-check clearances are a significant source of delays, they are a leading reason that naturalization cases are taken to court under Section 336(b). According to the April 25, 2006 policy Memo, 82% of FBI name checks are resolved in a few weeks, and 99% are resolved within two months. The remaining 1% can take many more months, however, and even years to resolve.
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The USCIS is trying to eliminate one tool used by some long-delayed naturalization applicants who are stuck in the name check process by changing when the naturalization interview occurs. The USCIS Memo notes that many of these lawsuits did not result in the approval of the naturalization cases until the problems surrounding the background checks were resolved. Some of the courts did issue deadlines for the USCIS and FBI to complete the checks, however, and they were able to comply after being so ordered.
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Conclusion
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While it is understandable that the USCIS wishes to conserve its resources and avoid unnecessary lawsuits, this situation again serves to highlight the need for increased efficiency in the background or security-check process. We at the Murthy Law Firm urge that sufficient funding be made available to process these background checks within reasonable timeframes, so that those who are deserving of benefits can receive them in a timely fashion; and so that those who pose a security risk or danger can be detected more quickly.