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USCIS Orders Expanded FBI Background Checks, Pauses Some Immigration Cases

USCIS Orders Expanded FBI Background Checks, Pauses Some Immigration Cases

The Trump administration has required USCIS to subject broad categories of immigration applications to expanded FBI criminal-history checks and to pause some cases while those checks are implemented. Internal guidance directs officers to resubmit pending fingerprint-based petitions — including asylum, green card and naturalization applications — for enhanced screening when FBI information was received before April 27, unless the officer plans to deny the case. USCIS says the change follows an executive order expanding agency access to FBI criminal databases and that any resulting delays should be brief.

Internal USCIS guidance obtained by CBS News shows the Trump administration has directed broader FBI-based security screenings for many immigration benefit applications and temporarily paused some cases while the new checks are implemented.

What changed: Last week U.S. Citizenship and Immigration Services instructed officers to resubmit pending fingerprint-based applications — including asylum claims, green card petitions and naturalization requests — to undergo expanded FBI criminal-history checks. Officers were told not to approve any case that has not completed the enhanced screening.

The increased vetting follows an executive order by President Trump in February that directed the Justice Department to provide USCIS greater access to FBI criminal-history records "to the maximum extent permitted by law" to help identify individuals with criminal records who may pose public-safety or national-security risks.

Who is affected: According to the internal guidance, the expanded checks apply to pending applications requiring fingerprints, such as petitions for permanent residency (green cards) and naturalization, plus sponsorship petitions for relatives or fiancé(e)s of U.S. citizens or lawful permanent residents. Officers were instructed to resubmit fingerprint-based checks when FBI information for a case had been received before April 27. Resubmission is not required if an officer intends to deny the application.

USCIS spokesman Zach Kahler said: "We have implemented new security checks to strengthen the vetting and screening of applicants through expanded access to federal criminal databases. Processing is ongoing as we apply these enhanced background check requirements. Any delay in decision issuance should be brief and resolved shortly. USCIS will always prioritize the safety of the American people."

The expanded screenings are the latest in a series of new or tightened USCIS policies under the current administration, which also include increased review of applicants' social media and earlier pauses or freezes on categories of immigration processing. The agency previously paused many asylum cases and froze certain legal immigration petitions from nationals of 39 countries covered by a presidential proclamation commonly called the "travel ban." The asylum pause was partially scaled back last month but remains in effect for applicants from those 39 countries.

Implications and outlook

USCIS expects some temporary delays as agencies implement the new FBI checks, but it says delays should be brief. Immigration advocates and legal practitioners may see additional case processing time while adjudicators resubmit fingerprint checks for affected pending cases. Applicants and their representatives should monitor USCIS notices and case status updates and consult immigration counsel with questions about timing and next steps.

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