1:  When I checked with USCIS, they told me that my case is pending due to FBI security clearances. I have been waiting for nearly two years now, is there anything I can do?

When an I-485 or N-400 applicant is delayed by FBI security clearances (commonly referred to as the FBI Name Check), it usually means the FBI is having trouble differentiating the applicant with other people with the same or a similar name in the FBI database. Direct requests from the applicant will not expedite the name check process. Likewise, Congressmen, Senators, and other government officials cannot expedite the process and can only make inquiries. USCIS does have expedite procedures in place, but will only issue them to the FBI in cases of: 1) military deployment, 2) age-out cases not covered by the Child Status Protection Act, 3) compelling reasons such as medical conditions, and 4) for the potential loss of social security benefits or other subsistence.

2: I don’t fall under of the four categories listed above; does this mean I simply have to continue waiting?

Applicants who are delayed by the FBI Name Check also have the option of filing a lawsuit in Federal District Court. For I-485 applicants, a Writ of Mandamus (WOM) can be filed against USCIS and the FBI. The Mandamus Act allows for a party to sue a government agency or employee when there has been an unlawful withholding or unreasonable delay of agency action. For N-400 applicants, a lawsuit against USCIS and the FBI under 8 U.S.C. § 1447(b) is most appropriate. In most cases, once the suit is filed, we can secure a case approval in 2-4 months for an N-400 applicant and secure an approval in 4-6 months for an I-485 applicant.

3: I heard that USCIS has recently released a memo stating that it will no longer submit an expedite request if a WOM lawsuit is filed. Will a WOM still work?

Yes, a Writ of Mandamus suit can still secure an I-485 approval for the applicant depending on the facts of the case. The USCIS memo states that it will no longer automatically give expedite requests because of a lawsuit; however, they must submit an expedite request if the applicant prevails in a WOM suit and the judge orders USCIS to do so.

4: I would like to file a lawsuit to speed up the approval process. Am I qualified?

The chance of success in a lawsuit varies for each individual case. Recently, USCIS has taken an aggressive posture towards the I-485 WOM lawsuits and it is important that you discuss the merits of your case with a qualified attorney. Applicants who are considering a lawsuit based on either WOM or § 1447(b), can take advantage of our free evaluation service to see if one of these procedures is appropriate for your situation.