Temporary I-485/N-400 Freeze Finally Lifted
Posted Jan 17, 2003

According to the INS Headquarters Office, the "freeze" on approvals of Applications for Adjustment of Status and Naturalization was officially lifted January 10, 2003. The INS indicates that they have resolved the previous problems with FBI background checks and the need to obtain a response to each inquiry prior to case approval.

Our most recent article on this "freeze," Update on Processing Delays, was published December 20, 2002. Essentially, the INS has changed its procedures regarding FBI background checks. In the past, the FBI only responded if there was negative information on record. The INS waited and presumed a clean record if there was no negative response. This practice was changed as a result of an unfortunate incident involving the naturalization approval of an individual with ties to terrorist organizations. The change required computer system upgrades and other internal procedural changes. In the interim, cases were reviewed but no final approvals were issued, creating a backlog in the system that is being addressed only now.

At The Law Office of Sheela Murthy, we monitor I-485 approvals for our clients. The timeframes of these approval notices (as well as of EADs and APs) are available on MurthyDotCom. [This information is based on dates indicated on Approval Notices received by our Office only. These are NOT official INS timeframes.] At the time of this writing, we have received I-485 approvals for one family filed in November 2001. These cases were approved by INS on January 9, 2003. Given the importance of this matter to our many clients and to readers of MurthyDotCom and the MurthyBulletin, we will inform you when the approval notices start to arrive more regularly, once again.