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USCIS Background Check Process May Delay Immigration Case Approvals
Effective April 27, 2026, U.S. Citizenship & Immigration Services (USCIS) has reportedly implemented a new nationwide security vetting process that is causing delays in the adjudication of many immigration benefits requiring fingerprint-based background checks. This appears to impact a broad range of pending cases, including adjustment of status applications, asylum cases, naturalization applications, and family-based petitions. USCIS officers are reportedly required to resubmit fingerprint and name checks for most pending applications in which biometrics were previously submitted before April 27. However, applicants generally should not need to attend new biometrics appointments because USCIS can typically reuse fingerprints already on file. While interviews and oath ceremonies may continue as scheduled, approvals in many cases may be delayed pending completion of the updated vetting review.
The enhanced vetting process reportedly stems from expanded USCIS access to FBI criminal history databases pursuant to Executive Order 14385. Although USCIS has publicly stated that processing remains ongoing and that delays should be temporary, the American Immigration Lawyers Association has cautioned that the new review system could affect millions of pending applications and potentially lead to delays lasting several months. It has also been reported that there may be an increase in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) involving criminal matters that may not have previously triggered scrutiny, including dismissed charges, juvenile records, and sealed records.
DHS Funding Restored Following Partial Government Shutdown
Congress has approved legislation restoring funding for most Department of Homeland Security (DHS) operations, officially bringing an end to the recent partial shutdown affecting several federal agencies. The lapse in funding impacted agencies including TSA, FEMA, the Coast Guard, and the Secret Service, resulting in operational disruptions and staffing challenges in certain areas. Under the newly passed funding measure, most DHS functions will continue through the remainder of the fiscal year, while discussions regarding future funding for immigration enforcement agencies are expected to continue separately in Congress.
Although normal DHS operations are expected to resume, agencies may continue working through delays and administrative backlogs that developed during the shutdown period. Lawmakers continue to debate long-term funding priorities related to border security and immigration enforcement, including potential future appropriations for ICE and CBP. Additional legislation addressing those issues is expected to be considered later this year.
USCIS Announces New Consequences for Unpaid Annual Asylum Fees
The Department of Homeland Security (DHS) recently announced an interim final rule implementing new immigration fee requirements. Among the most significant changes are new enforcement measures tied to the Annual Asylum Fee (AAF) for individuals with pending asylum applications. According to DHS, asylum applicants who fail to pay the required annual fee within 30 days of notification may have their pending Form I-589 rejected. DHS further stated that applicants without lawful status could be placed into removal proceedings. The agency also indicated that rejection of an asylum application may result in the denial of any related employment authorization applications and the immediate termination of existing work authorization connected to the pending asylum case.
The interim final rule also includes several additional updates affecting immigration filings and benefits. USCIS announced that filing fees for Form I-589 will now be retained even if the application is rejected as improperly filed. The rule also limits employment authorization periods for individuals with Temporary Protected Status (TPS) to one year, or the remainder of the TPS designation period, whichever is shorter. The rule is scheduled to take effect on May 29, 2026, and DHS will accept public comments through June 29, 2026.
At Brown Immigration Law, we are committed to keeping you informed of the latest developments and providing expert legal guidance during this uncertain time. If you or a loved one is impacted by these changes, our experienced attorneys are here to help you navigate your options and protect your rights. Stay connected with us for timely updates, and don’t hesitate to reach out for personalized assistance.
