Update: Feb 20: More info on namecheck

[pappu]

This is a FAQ on name check delays by USCIS and how USCIS will be approving the cases that are still pending.

http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf

[purgan]

Good find.

Maybe this will help the struggling economy....Greenspan said last week that we need to allow immigration of more skilled workers to stave of recession

One thing the country could do to improve things is to allow more immigration of skilled workers.

"Significantly opening up immigration to skilled workers solves two problems," he said. The companies could hire the educated workers they need. And those workers would compete with high-income people, driving more income equality, he said.

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/021508dnbusgreenspan.c1d69e5d.html

[Refugee_New]

How to find out if our FBI finger print and IBIS checks are cleared?

I spoke to NSC IO yesterday and found out that my case is still waiting for security clearence. Does that mean they are waiting for my FP and IBIS clearance?

My case is EB2/Feb-2002, India and I-485 RD is 06/15/2007.

[RandyK]

Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

How many are real old PD's like

Prior to 2003

Between 2003 and 2005

Between 2005 and 2007

India / China / Mexico / ROW

[mallu]

Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

How many are real old PD's like

Prior to 2003

Between 2003 and 2005

Between 2005 and 2007

India / China / Mexico / ROW

.

[drirshad]

http://www.immigration-law.com/Canada.html

02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today

* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.

[Googler]

The damn thing was taken down before I could save it. Did anyone save the file?

[user1205]

The link doesn't work anymore :(

[RandyK]

I am trying to figure out the impact of this ruling on the current usage of visa numbers.

I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.

Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.

If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China

Any ideas guys??

[mariusp]

I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?


I am trying to figure out the impact of this ruling on the current usage of visa numbers.

I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.

Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numvers for the year.

Any ideas guys??

[illusions]

did anyone save that pdf on that link? i would like to see what it had to say.

[user1205]

I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.

I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?

[RandyK]

I think all depends on how many ROW cases are in the 47000. Especially older PDs, newer PDs most likely will be still in the I-140 queue or I-485 queue to be proceesed.



I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?

[RandyK]

"USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending."

1) 47000 (primary applicants or with the derivative applicants) ?

2) "Otherwise approvable" Does this mean that these cases have PDs prior to current cutoffs ? Or are they just saying that the application can be approved but have to wait for a visa number when the PD becomes current?

[god_bless_you]

http://www.aila.org/content/default.aspx?docid=24696

[god_bless_you]

Office of Communications
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –

[kumar_77]

47,000 applications pending .....Does this include all july filers too :rolleyes:

[mariusp]

I read the document and here's what I think is the important part:

In a subset of these
case, the FBI name check request that been pending for more than 180 days.

This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.

Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.

[fromnaija]

Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.

[Pegasus503]

The damn thing was taken down before I could save it. Did anyone save the file?



The link just worked for me

I saved it as a pdf and doc, but the upload keeps failing so here's the text:


Office of Communications




Questions & Answers

February 20, 2008

FBI NAME CHECK POLICY

Q. How has USCIS changed its national security reporting and adjudication requirements?

A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.

Q. Why is this policy being implemented?

A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?

A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.

Q. What applications are affected by this policy change?

A. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

Q. How many applications for lawful permanent residence are affected by this policy change?

A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

Q. Does this policy change affect naturalization applications?

A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),

Q. How long will it take for USCIS to work through these cases affected by the policy change?

A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?

A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.

Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?

A. No.

Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.

Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?

A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.




in the time it took me to copy and paste it was already posted above

[Googler]

http://www.aila.org/content/default.aspx?docid=24696

Thanks. The most hilarity inducing section of this Q&A is this bit:

"Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement."

That is SUCH a huge whopper. :D So they waited for 3 freaking years before implementing this!

[mariusp]

A2. This policy change is in response to a 2005 DHS Inspector General
Translation: we got our asses sued!

[Googler]

Translation: we got our asses sued!

Not just sued but assembly line whupped by federal judges. :D And the new Attorney General can't take it any more.

The truest gem is this other line: "In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings."

So all they were waiting for these unlikely events to happen while they kept hundreds of thousands of applicants in the deep freeze at USCIS?!

[Googler]

So now they want to revise that Q&A! ;)

See http://www.aila.org/content/default.aspx?docid=24696

"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."

Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.

[RandyK]

Any ideas about EB3 ROW movement in the coming months?

I know you have connections in high places....


:D:D

[illusions]

So now they want to revise that Q&A! ;)

See http://www.aila.org/content/default.aspx?docid=24696

"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."

Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.


that's more like the USCIS.:rolleyes:

Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?

[ssnd03]

Well USCIS withdrew the Q&A they posted on their website for revision.

I hope they don't plan to screw the remaining name-check sufferers again.

They have been approving some of them in the past few days (and neither according to PD or RD, basically no FIFO, just based on officers whims)

See the withdrawal notice on AILA website
http://www.aila.org/content/default.aspx?docid=24696
Edit/Delete Message

[Canuck]

Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.

[jefkorn]

Why do you say so? This has no relation with the current Feb.04, 2008 memo.

The file is an old policy change where USCIS doesn't automatically consider an pending mandamus lawsuit in court as a reason to expedite. They started fighting these cases but have definitely expedited name checks after the policy change( in 02/2007) in response to court orders.
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.

[ssnd03]

Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.

Dude your post is really lame. Check the dates.

[Lasantha]

Good point !

Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.

[ssnd03]

02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers

* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.

[gcisadawg]

"A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."


It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?

[ssnd03]

It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?

Visa number is allocated when the case is finally adjudicated. Hence, they will certainly eat up visa numbers. Maybe for EB 10 - 15 K and rest for FB. Just a guess.

[TomPlate]

Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

Please share your thoughts on this.

[lazycis]

Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

Please share your thoughts on this.

No, because those cases are not outside of processing times.

[whatsupwithgc]

Found it in trackitt.

http://imminfo.com/resources/namecheck.pdf

[TomPlate]

No, because those cases are not outside of processing times.

I did not understand 'are not outside of processing time'. Can you please explain in detail.

My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....

[lazycis]

I did not understand 'are not outside of processing time'. Can you please explain in detail.

My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....

NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.

[TomPlate]

NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.

Can you please let us know the URL for the latest name check FAQ posted today.

[whatsupwithgc]

Can you please let us know the URL for the latest name check FAQ posted today.


http://www.aila.org/content/default.aspx?docid=24696

[TomPlate]

I am not able to see, it comes to me as a blank screen. Can you paste the information in this thread.

Thanks,
Tom.

[lazycis]

Can you please let us know the URL for the latest name check FAQ posted today.

http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)

Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?

A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)

Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.

Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –

[TomPlate]

thank you Lazyciz

[Googler]

The fine print matters as always:

"A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."

They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."

So current PD + 180 day pending namecheck = 47K.

And current PD + 180 pending namecheck + outside "normal processing times" = 10K.

The 10K is from the Ron Gotcher post on Imminfo (http://immigration-information.com/forums/showpost.php?p=14035&postcount=1).

Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.

[ssnd03]

Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.

I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.