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USCIS, FBI Eliminate National Name Check Backlog

Tuesday, June 23rd, 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.

“Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation,” said USCIS Acting Deputy Director Michael Aytes. “This continued working relationship will help to ensure that name check processing is accomplished as quickly as possible without compromising security concerns.”

The final goal of the business plan was to achieve a sustainable performance level by the NNCP of completing 98 percent of name check requests submitted by USCIS within 30 days, and the remaining two percent within 90 days. This performance level will become the new standard.

These vastly improved performance levels were achieved through a variety of collaborative steps taken by USCIS and the FBI, including:

–o an increase in NNCP staffing made possible by the transfer of appropriated funds from USCIS funding and additional fee revenue for name check processing;

–o name check process improvements initiated by the FBI;

–o refinements in the name check file search criteria which enabled the FBI to focus on files most likely to yield pertinent search results;

–o training of NNCP staff on USCIS adjudication requirements and the applicability of name check search results to USCIS adjudications; and

–o other cooperative measures including assignment of USCIS personnel to the NNCP.
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U.S. Temporarily Suspends Policy of Deporting Widows of Citizens

Wednesday, June 10th, 2009

The Department of Homeland Security said Tuesday it is temporarily freezing a policy of deporting widows and widowers of U.S. citizens, a sign of the Obama administration’s interest in new approaches to immigration.

Only a few hundred people were at risk of deportation under the policy, but critics viewed it as one of the most painful consequences of President George W. Bush’s immigration crackdown.

Under the current interpretation of federal law, some immigrants whose American spouses had died faced possible deportation because their legal status was in limbo. The rule applied to immigrants who had been married for less than two years or whose green-card process hadn’t been completed when their spouses died. The clause, known as the “widow penalty,” had resulted in a spate of lawsuits.

On Tuesday, Homeland Security Secretary Janet Napolitano announced that her agency was freezing any action against such widows and widowers for two years. “Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” Ms. Napolitano said.

A Department of Homeland Security statement said U.S. Citizenship and Immigration Services, the agency that oversees immigrant petitions, would give favorable consideration to requests for reinstatement of cases that previously had been revoked under the law.

Ms. Napolitano’s directive offers relief, if only temporary, to some 200 widows and widowers. However, it suggests the Obama administration could be testing a softer approach to other contentious aspects of immigration policy.

“It’s a good sign, and it hedges Obama’s bets: If comprehensive [immigration] reform advances, this will help pave the way. If not, at least he can say he tried,” said Dan Kowalski, an Austin, Texas, immigration attorney and editor of Bender’s Immigration Bulletin.

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read article at WSJ

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USCIS Reminds Applicants for Adjustment of Status, Asylum, etc. to Obtain Advance Parole Before Traveling Abroad

Monday, June 1st, 2009

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

–o been granted Temporary Protected Status (TPS);
–o a pending application for adjustment of status to lawful permanent resident;
–o a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
–o a pending asylum application; or
–o a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.

Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.
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Archive for June, 2009

USCIS, FBI Eliminate National Name Check Backlog

U.S. Temporarily Suspends Policy of Deporting Widows of Citizens

USCIS Reminds Applicants for Adjustment of Status, Asylum, etc. to Obtain Advance Parole Before Traveling Abroad

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