A new internal USCIS guidance directs immigration officers not to approve any application that has not undergone expanded FBI background checks. The guidance will apply to pending applications in which immigrants submit fingerprints, including naturalization, permanent residency applications, and sponsorship petitions filed on behalf of relatives or fiancés of US citizens or green card holders.
USCIS’s Refugee, Asylum, and International Operations Directorate staff sent an email stating that:
- Effective April 27, USCIS will begin to receive enhanced criminal history record information (CHRI) for all cases involving “fingerprint-based background checks submitted to the FBI’s Next Generation Identification system.”
- Officers were also directed to resubmit fingerprints for pending cases in which FBI information had been sent to USCIS before April 27.
Between the lines:
- The change appears to have been prompted by the FBI’s decision to allow USCIS greater access to the Bureau’s criminal history database, following a February executive order directing the change so USCIS can use the database “to the maximum extent permitted by law” to identify criminal actors.
- The guidance is the latest effort by the Trump administration to increase vetting of immigration applications.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.