Clients with pending immigration matters before U.S. Citizenship and Immigration Services (USCIS) should be aware of a significant procedural change that is already producing nationwide adjudication delays. Effective April 27, 2026, USCIS implemented an enhanced security vetting process that places temporary holds on adjudications requiring fingerprint-based background checks. The change follows Executive Order 14385 and expanded FBI database access, and it is reshaping how the agency evaluates a wide range of applications and petitions.
Under the new protocol, USCIS is resubmitting existing fingerprints through the FBI's new Next Generation Identification (NGI) system for most pending cases. This affects adjustment of status filings, naturalization applications, asylum claims, family-based petitions, and employment-based filings. Because the NGI system draws on a broader range of federal and state law enforcement databases, even applicants who previously cleared biometrics may experience renewed review, longer processing times, and additional agency inquiries before a decision is issued.
Practitioners should anticipate a meaningful increase in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) tied to information surfaced through the enhanced checks. We expect particular scrutiny of non-conviction arrests, juvenile records, and sealed cases that may now appear through expanded FBI database access. Records that were previously inaccessible or overlooked could trigger questions about admissibility, good moral character, or eligibility for the benefit sought, even where no conviction was ever entered.
To reduce risk, applicants should prepare a comprehensive disclosure of any prior contact with law enforcement, including arrests that did not result in charges or convictions, diversion outcomes, and matters previously sealed or expunged. Certified court dispositions should be gathered in advance, ideally before filing or as soon as a pending case is identified, so that responsive evidence is available if the agency raises concerns. Counsel can also help identify and address potential discrepancies between an applicant's recollection and the official record before those discrepancies trigger an RFE, NOID, or denial.
The information in this newsletter is general in nature and does not constitute legal advice. Clients with pending or anticipated USCIS filings are encouraged to consult counsel for guidance tailored to their specific circumstances.