Wrapping up our three-part blog series New Executive Actions on Immigration: FAQs, here are some more answers to frequently asked questions about the new executive actions on immigration.
Q – Will the initiatives associated with the new executive actions on immigration delay USCIS’ processing of other immigration applications?
A – Ideally no. However, USCIS has stated that it will be:
- Hiring new staff to deal with the increased workload
- The costs of these new hires will be funded through application fees collected by USCIS (rather than through appropriated funds)
- Monitoring the workload and its capacity moving forward as these new programs get up and rolling
- Keeping the public informed if there are substantial delays expected in the processing of any immigration cases.
Q – What kind of security checks and/or background checks are associated with the initiatives?
A – Because the initiatives associated with the new executive actions on immigration include options for deportation relief – and because USCIS is committed to maintaining the “security and integrity of the immigration system,” there will be extensive background checks conducted on all people applying for the new initiatives and programs. Specifically, these USCIS background checks will include (but are not strictly limited to):
- Taking 10-print fingerprints of each applicant
- Running background checks on each applicant’s primary name, as well as any aliases an applicant has ever gone by
- Checking with any other federal government agencies regarding issues associated with an applicant.
The specific goals of running such extensive background checks on all applicants are to identify people who may:
- Threaten national security and/or public safety
- Have a criminal record
- Have committed some type of fraud
- Otherwise not be eligible to request deferred action
Q – What happens when people don’t pass the background checks?
A – A failure to pass USCIS background checks for deferred action – either due to fraud, a failure to disclose all of the necessary facts, etc. – can result in USCIS:
- Denying the application for deferred action
- Referring the case to Immigration and Customs Enforcement (ICE)
- Requiring the applicant to appear before an immigration judge.
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