Loophole lets immigrants sue for citizenship
Some applicants proceed without FBI checks, documents show
By Sara A. Carter, Staff Writer
A loophole in the U.S. immigration system is allowing some citizenship applicants to go forward in the naturalization process and receive immigration benefits without complete FBI criminal background checks, according to government documents obtained by the Daily Bulletin.
Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to an internal document issued last month by U.S. Citizenship and Immigration Services, or USCIS. Under federal immigration law, USCIS must receive the FBI check before the interview.
If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made a decision on their application. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration, and foreign student authorization.
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