Family-Based Cases and Name Check Procedures - Feb 2008 Update
Posted Mar 14, 2008
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A number of recent articles on the impact of the February 4, 2008 Aytes Memo are available on MurthyDotCom. This memo describes important changes aimed at permitting the processing of certain cases long postponed by FBI name check delays. Since the issuance of the memo, further questions have arisen as to how this impacts family-based green card cases.
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Family-Based Cases
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Family-based I-485s, Applications for Adjustment of Status, impacted by the February 4, 2008 Aytes Memo, will be put into the interview-scheduling system in a manner designed to coordinate interview scheduling when the name-check request has had 180 days to process. The case must be ready for interview, meaning that all other processing steps have to be complete.
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A case is set for interview based upon the time constraints of the local USCIS District Office. Thus, a case may be sent for scheduling on the 180th day, but the actual interview will occur on some future date, based upon a first-in / first-out system.
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Family-based cases are those in which one's qualifying U.S. citizen or permanent resident family member (spouse, parent, child age 21 or over, or sibling) initiates the case by filing a petition. Family-based cases should not be confused with employment-based cases, initiated by a labor certification or I-140 petition filing, through which the primary beneficiary's spouse and minor children can also obtain permanent residence as derivative beneficiaries. The information provided above pertains only to cases initiated by qualifying family members, as all such cases undergo in-person interviews at the USCIS.
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Conclusion
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As the delays caused by the FBI name check problem have impacted a wide range of cases, including family-based petitions and applications, this update should prove helpful to many individuals. Family-based cases may end up taking longer than employment-based cases to resolve, because of the need for in-person interviews and the time and space limitations at local USCIS District Offices.