Update on Processing Delays
Posted Dec 20, 2002

Earlier coverage in the MurthyBulletin and on MurthyDotCom informed readers of a temporary slowdown in adjudications of adjustment of status and naturalization cases. This has been referred to as a temporary "freeze." INS has stated that there is no "freeze" and that cases are continuing to be processed for adjudication. However, the INS has changed the manner and timeframe for issuance of approvals.

The reason for this, as reported in our November 29, 2002 article entitled No General INS Processing Freeze, is that the INS now is neither allowed to grant adjustment of status to permanent residence nor naturalization towards U.S. citizenship until it first receives a favorable FBI response to the background check for each applicant concerned regarding these immigration benefits. In the past, the INS operated on a "no news is good news" presumption that a result was favorable unless the FBI provided information to the contrary within a certain timeframe. The FBI did not actually respond to each background check request, but only to those with negative findings.

A change in the computerized background check system at INS was required in order allow for an FBI response in each case. Approvals for those cases that were subject to the new requirement could not be issued during the computer upgrade. The INS has advised that the modifications to the computer system are nearly finished, enabling the needed background checks to be made at this time. However, the temporary delay has caused a backlog of cases needing FBI clearance. These cases are still experiencing delays, awaiting FBI processing, and for their results to be relayed to the appropriate INS offices.