Immigration
USCIS Implements New Security Vetting Process: What It Means for Immigration Applicants and Advocates
By Buchanan Attorneys Khushbu Patel and Dilip Patel
In a move that has sent ripples across the immigration community, the U.S. Citizenship and Immigration Services (USCIS) announced on April 27 that it is introducing a new, enhanced security vetting process. This development is prompting delays in the adjudication of a broad range of immigration applications, from adjustment of status and naturalization to asylum and family petitions. Understanding the implications of this shift is crucial.
What’s Changing?
According to reports from the American Immigration Lawyers Association (AILA) and credible news outlets like CBS News, USCIS has begun implementing a new security vetting process that affects nearly all pending immigration cases requiring fingerprint checks. The key change? USCIS now has access to enhanced criminal history data from the FBI’s “Next Generation Identification” (NGI) system, enabled by an executive order issued earlier this year — Executive Order 14385.
Previously, USCIS relied on fingerprint and name checks submitted through FBI databases. Now, with access to more comprehensive criminal history records, USCIS officers are required to perform an “additional” vetting step before approving many applications. This means that, for many cases filed before April 27, applicants will need to resubmit their fingerprints — though, notably, they may not need to appear again at an Application Support Center (ASC). The fingerprints already on file are expected to be used once the new process is completed.
Why the Change?
The motivation behind this overhaul is rooted in national security concerns. The executive order directs federal agencies to maximize access to criminal history record information to improve vetting procedures. USCIS’s new process aligns with this directive, aiming to bolster screening measures against potential security threats.
The move comes amid heightened national security concerns following recent incidents, including the shooting involving the National Guard, which prompted a review of vetting procedures across immigration agencies. As CBS reports, this enhanced vetting process was launched to provide USCIS with “greater access to criminal history database,” thereby allowing for more thorough background checks.
How Will This Impact Applicants?
The immediate effect is a delay in the adjudication of many pending cases. USCIS has stated that delays should be “brief and resolved shortly,” but unofficial estimates from AILA suggest that this could impact millions of cases. These delays are not uniform; some cases will be held up more than others, especially those that require background checks for criminal history or other sensitive information.
Despite USCIS’s assurances, delays could extend into several months. This is particularly important for those awaiting decisions on adjustment of status, naturalization, asylum, and employment authorization applications. The delays are primarily due to USCIS’s need to “reload” all background checks in bulk as part of the new system.
What About Already Scheduled Interviews?
Good news for applicants with scheduled interviews: reports indicate that most interviews will proceed as scheduled. These cases are being prioritized for the new background check process, and USCIS is aiming to avoid disrupting scheduled appointments. However, if a case is held up at the background check stage, it could still delay the overall timeline significantly.
What About Cases That Are Likely to Be Denied?
USCIS officers have been instructed not to approve cases that are pending if they require fingerprint checks until the new vetting is complete. Interestingly, applications that are intended for denial are not subject to the resubmission requirement. This means that some applications could be denied based on the new, more comprehensive background checks, even if they previously appeared to be in good shape.
What Should Applicants and Practitioners Do?
While USCIS maintains that the delays will be “brief,” applicants should prepare for the possibility of extended wait times. Here are some practical tips:
- Set realistic expectations: Delays could stretch into months, especially as USCIS processes bulk rechecks.
- Review criminal history records: Be prepared for Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) related to criminal charges, juvenile records, or sealed records. Applicants with past criminal issues, juvenile records, or sealed cases should consider proactively gathering documentation.
- Monitor case status: Stay in close contact with USCIS and use online case tracking tools to receive updates.
Final Thoughts
This new security vetting process marks a significant shift in how the U.S. immigration system conducts background checks. While designed to enhance national security, it also introduces uncertainty and delays for applicants. USCIS has not yet issued comprehensive public guidance on how the new process will be applied across all case types. The agency is still “ongoing” in processing, and the full impact remains to be seen.
Staying informed, managing expectations and being prepared for potential delays will be key to successfully navigating the evolving landscape of immigration adjudications.
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.