Naturalization - Naturalization Delay Ruling

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The Court concludes that USCIS has required FBI name checks under the mistaken impression that it has authority, based on its own regulations, to require such checks for LPRs who seek to become naturalized citizens. Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS's name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated [*33] by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the "fingerprint check" described in the Memorandum of January 25, 2008. The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition.

Full Document and Source Benders Immigration


USCIS Office Memorandum February 4, 2008
Revised National Security Adjudication and Reporting Requirements