Some call it a “freeze”. Some say “halt”. Some refer to a “delay”. But it is all the same thing: INS District Offices and Service Centers are not issuing approvals on any adjustment of status applications, and many naturalization and asylum approvals are also being delayed. Indeed, some areas report that people have been pulled from naturalization ceremonies at the last minute. INS Headquarters continues to insist that there is no “adjudications freeze”, and indeed cases are still being adjudicated. But where the case is ready for approval, the approvals are not being issued.

What is behind this? An 11/13/02 INS memo, described on InfoNet on November 21, 2002, required that no “benefits” be granted until the INS receives back from the FBI an affirmative response on the G-325A name/date of birth check.

Previously, the INS had presumed that if it had not heard back from the FBI within a given period of time that there had been no issue with the check. INS has now indicated that the “benefits” in question are adjustment of status, naturalization and asylum. Ancillary benefits, such as advance parole and work authorization, are not subject to this process.

Because there was no automated mechanism in place for FBI to respond to each and every request, an adjustment to INS’ CLAIMS system had to be made. AILA has been advised that that system adjustment is largely completed, so that the checks can be made on an ongoing basis. However, there remains a backlog of pending cases on which INS still needs FBI clearances. INS Headquarters indicates that the FBI has sent it tapes covering about half of those cases, but INS local offices are still indicating that they have not been given the clearance to issue approvals on these cases.

Posted on AILA InfoNet at Doc. No. 02121152 (Dec. 11, 2002