Jackson Hertogs Security checks and delays – Jackson Hertogs Immigration Law

Security checks and delays

Security checks and delays

All applications or petitions filed with USCIS require a security check to be conducted of the applicant. You may find that your case is pending beyond expected processing times due to these security checks. We are providing some information regarding security checks to enable you to better understand this process.Why is a security check needed on my case?USCIS performs background security checks to ensure that immigration benefits are given only to eligible applicants.  A wide range of possible risk factors are accounted for and different applications undergo different levels of scrutiny.

What security checks does USCIS use?

There are several types of background checks that USCIS uses. The three commonly used security checks are:

  • “IBIS” is the Interagency Border Inspection System Name Check.  “IBIS” checks are run before any petition or application can be adjudicated. IBIS provides data relating to national security risks, public safety issues and other law enforcement concerns.  A “hit” in IBIS requires that USCIS check with the agency that input the original data before the application or petition can be adjudicated.
  • FBI Fingerprint Checks are done prior to adjudicating adjustment of status applications, asylum applications, and other applications with permanent duration. The FBI fingerprint check provides information relating to criminal background within the United States.
  • FBI Name Check is separate from the Fingerprint Check.  The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement.  When there is a “hit” in a name check, USCIS must wait for the FBI to resolve the “hit”.

It is not possible for an application to be granted until completion of the security check and USCIS does not expedite these checks.

Why is my security check taking so long?

Since USCIS cannot grant an application or petition until the security check is completed, pending background checks will delay processing of your case.  If a background check response is received that requires further investigation, then the check will remain pending until the investigation has been resolved.  This is a time-consuming and labor-intensive process and could take several months or years to complete.

How can I find out the status of my security check?

USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.  However, you can contact your congressional representative to inquire on your behalf on long pending security checks.  Any congressional inquiry must be initiated by the applicant.

 
Do security checks effect any other applications?

Yes, security checks are also performed on all applications for visas at U.S. Consulates/Embassies abroad.  These checks are performed each time you apply for a visa.  In addition to the background security checks described above, visa applicants may also experience delays due to the Technology Alert List (TAL).  Please see our Memo regarding security checks and travel delays for more information: Travel Warning – Security Check.