Policy on Expediting FBI Name Checks : Very Limited
Posted Mar 02, 2007
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In a press release dated February 20, 2007, the USCIS indicated that they will no longer request that the Federal Bureau of Investigation (FBI) expedite a pending "name check" solely because the foreign national has filed a writ of mandamus against the government. Writs of mandamus are lawsuits, filed against the government, to force them to make a decision when they have simply taken too long to do so. Since the USCIS does not control the required name checks, and must rely upon the FBI, they previously would push the FBI to act once a mandamus action was filed. They will no longer do this.
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The various required security checks, including the FBI name checks, were explained in our May 12, 2006 MurthyBulletin article, Security Checks : How and Why, available on MurthyDotCom.
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The USCIS listed the criteria required for them to request an expedited name check of the FBI so they can move a pending case forward. These very limited expedite criteria are set forth below.

1. military deployment

2. age-out cases not covered under the Child Status Protection Act (CSPA), and applications affected by sunset provisions such as green card lottery

3. significant and compelling reasons, such as a critical medical condition

4. loss of social security benefits or other subsistence at the discretion of the USCIS District Director

The need for background security checks on those applying for U.S. immigration benefits is not at issue here. The time that it takes to conduct a background check, however, is a concern both from the benefits and security points of view. If it takes years to make a determination, the affected individual is potentially in the U.S. while the security check is ongoing. The risk factor makes this matter rather urgent for our country and the safety of our people. It is ironic that the greatest amount of waiting time is experienced in those cases with some sort of security concern. Since these individuals are often physically present, living and working in the U.S., it would seem that it would enhance security for their cases to be resolved quickly, one way or the other. Instead, cases are stuck in the name-check procedure for durations that are measured in years.