NEW YORK: The US Citizenship and Immigration Services (USCIS) have changed their policy regarding background checks in view of the abnormal delays in the processing of work authorization, green card and naturalization applications.

Giving an overview of the effect of such delays on South Asian immigrant families, the South Asian American Leadership Initiative (SAALT) says many South Asian immigrants who have applied for immigration benefits have faced severe processing delays due to security background checks conducted by the government.

The delays have resulted in lengthy separations from family members, restrictions on the ability to travel and work, and the inability to fully engage in American civic life, SAALT says. This recent change in USCIS policy is a step in the right direction, but problems still persist for many in the South Asian community, according to SAALT. Giving an update on the policy SAALT addresses some of the most frequently faced questions:

Q: What kind of background checks are done on immigration applications?

A: All immigration applications must undergo and pass various criminal and national security background checks before they are approved. These include: (1) a name check through the Interagency Border Inspection System (IBIS); (2) a Federal Bureau of Investigation (FBI) fingerprint check; and (3) a name check through the FBI National Name Check Program. The purpose of these checks is to identify applicants with criminal histories or known links to terrorism.

Q: How long should these background checks take to be completed?

A: Normally, the IBIS check is processed immediately and the FBI fingerprint check is completed within 24-48 hours. However, the FBI name check process is what frequently slows down many applications. As of May 2007, USCIS reported over 300,000 FBI name checks pending with over 30,000 of them pending for over 3 years.

These delays have particularly affected Arab, Muslim, and South Asian naturalization applicants, as documented in a report by New York University's Center for Human Rights and Global Justice.

Q: What was the previous policy regarding background checks?

A: Previously, no immigration application could be approved until all security background checks were cleared. As a result, many individuals lost employment opportunities requiring a green card or US citizenship, faced separations from loved ones, and had difficulties getting driver's licenses.

Q: What is USCIS's new policy regarding background checks?

A: In February, USCIS issued a memo announcing a new policy to alleviate some of the background check delays for certain applications. If an individual has submitted an otherwise approvable application for a green card, has passed the IBIS and FBI fingerprint checks, and has waited over 180 days for the FBI name check to clear, USCIS will now approve the application.

The application will still have to undergo the FBI name check, and if negative information later appears once the FBI name check is completed, the individual may have their green card revoked and be placed in deportation proceedings.

Note: This new policy does not apply to naturalization or work authorization applications. These applications will need to go through the entire process including the name check before they can be approved.

Q: What can I do now if I have an application that has been pending for awhile?

A: We have seen individuals with pending applications receive some relief by asking their elected officials to make inquiries to USCIS, or having their immigration lawyers file a lawsuit against USCIS forcing them to process your application faster.

We also encourage you to contact SAALT at saalt@saalt.org, as we are collecting stories of individuals' affected by security background check delays to use in our advocacy.