INS Postpones Granting Benefits to Thousands Due to Change in Procedures for Conducting FBI Background Checks

IMMIGRATION LAW & POLICY

Naturalization and Citizenship

INS postpones granting benefits to thousands due to change in procedures for conducting FBI background checks
Immigrants' Rights Update, Vol. 16, No. 8, December 23, 2002

The Immigration and Naturalization Service has cancelled naturalization swearing-in ceremonies that were scheduled for thousands of applicants during Dec. 2002, because of a change in the procedures used by the agency to conduct criminal background checks with the Federal Bureau of Investigation. The INS has also postponed issuance of lawful permanent residence and asylum because of this change.

Previously, when the INS sent name and date-of-birth information to the FBI for a criminal background check and the FBI did not affirmatively respond, the INS assumed that the check did not indicate a criminal record. Under the new policy, the INS is not to grant naturalization, permanent residency, or asylum until there has been an affirmative response from the FBI.

According to press reports, the new policy resulted in the cancellation of naturalization ceremonies for thousands of applicants across the country. The American Immigration Lawyers Association has reported that it was advised by the INS that a mechanism for obtaining automated responses from the FBI on an ongoing basis is mostly completed, but that there is a backlog of cases that still need FBI clearances.