USCIS-FBI Enhanced Background Checks Implemented on April 27th and What's Happening to Applicants with Pending Cases
Starting April 27, 2026, USCIS has implemented Enhanced CHRI checks, linked to the FBI's Next Generation Identification system, for all fingerprint-based applications. Reports indicate there is an internal guideline that most pending applications, for which fingerprints were already submitted before the same date, are also subject to re-verification. For Korean nationals awaiting green cards, parents awaiting their oath of citizenship ceremony, and asylum seekers who have completed their interviews, this change represents not just a line of administrative procedure, but a variable that affects the timing of decision arrivals.
In today's column, we will sequentially cover the core of Executive Order 14385 from February 2026, which served as the legal starting point for this change, how the enhanced background checks on April 27th will work, the reasons for delays in decisions after interviews, and what Korean applicants should prepare in advance in an environment where juvenile arrest records or sealed cases may be brought to light again.
Executive Order 14385 and databases that were separated by department
“EO 14385 is an order that allows the Department of Homeland Security to access criminal history records information (CHRI) held by federal criminal justice agencies under the Department of Justice, ‘to the fullest extent permitted by law.’”
The starting point for this change is Executive Order 14385, signed on February 6, 2026, and published in the Federal Register (91 FR 6505) on February 11 of the same month. The original title is ‘Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats," which is close to "Executive Order for Protecting National Security, Welfare, and U.S. Citizens from Criminal Actors and Public Safety Threats" (hereinafter referred to as EO 14385).
In the past, even within the same federal government, databases were locked down separately by each agency. This means that the screens viewed by USCIS examiners, FBI agents, and the Justice Department's Criminal Division were different. Order 14385 works to nearly dismantle those silos. Furthermore, the order specifies the authority for the U.S. to exchange criminal record information with countries participating in the Visa Waiver Program (VWP), based on reciprocity.
South Korea is a signatory to the Prevention of and Rigorous Combat Against Crime (PCSC) agreement, having joined the Visa Waiver Program in 2008. The PCSC allows law enforcement agencies of both countries to automatically query fingerprint data and other information on a ‘hit/no hit’ basis. While it cannot be definitively concluded that past criminal records from South Korea are directly and automatically linked to U.S. immigration reviews, the fact that a legal channel for such information exchange already exists between the two countries is an environment worth being aware of at this stage.
2. Strengthened identity verification and re-verification of pending applications implemented on April 27th.
“According to USCIS guidance, most applicants do not need to appear at an ASC again; their existing fingerprint files will be reprocessed into the new system.”
USCIS implemented enhanced criminal record information (Enhanced CHRI) checks, linked to the FBI's Next Generation Identification system, for all fingerprint-based applications as of April 27, 2026. It has also been reported that there are internal guidelines to re-verify most pending applications for which fingerprints were already submitted before April 27.
Practically speaking, the scope of the impact is extensive. According to reports, almost all cases that require fingerprints have been placed in the queue, including permanent residency (I-485), citizenship (N-400), asylum (I-589), family and employment petitions, DACA renewals, T and U visas, and VAWA self-petitions. The American Immigration Lawyers Association (AILA) has reportedly estimated, unofficially, that the number of affected cases could reach into the millions.
Fortunately, in most cases, applicants will not need to appear at the ASC (fingerprinting center) again. This is because USCIS will reprocess their existing fingerprint files through the new system. However, it is important to note that as of December 12, 2025, the validity period for photos has been standardized to 36 months. While some law firms anticipate that the bulk re-verification may be largely completed by the end of May, others expect delays of several weeks to months on a case-by-case basis.
3. Reasons why a decision letter hasn't arrived after the interview
“It was reported that investigators were instructed to withhold final approval until the results of the background check on the reinforcement were reflected in the system.”
The office has been receiving a surge of inquiries of the same nature. These are calls from citizenship applicants saying, “I passed the interview, but haven't received notice of the oath ceremony,” from marriage-based immigration applicants saying, “The green card interview went well, but I haven't received a decision in two months,” and from applicants whose asylum interview results have been put on hold.
The answer is partly explained by the currently known operating structure. This means that even if the interview proceeds as scheduled, the ‘final approval’ stamp will only be affixed after a new background check is passed. The case of citizenship is more delicate. Around the same time, there were reports of some oath ceremonies being postponed or canceled without prior notice, and some ceremonies were reportedly lifted from hold as of April 30th.
There are three practical things an applicant can do. First, regularly check case status on your myUSCIS account and keep note of any status changes after your interview. Second, if your mailing address changes, don't forget to file an AR-11 change of address. Third, if your case exceeds the average processing time published by USCIS, you may consider formally inquiring about the status using the ‘case inquiry (outside normal processing time)’ tool on myUSCIS. It's good to remember that the USCIS's published processing times for each application type, not a uniform number like ’90 days,’ serve as the benchmark. Since enhanced background checks are more of a ‘delaying’ process than a block on processing itself, focusing on what you can control is better for your mental health.
4. When an unwitnessed arrest, juvenile record, or sealed case is called again
“N-400 application Part 12 asks, “Have you ever been arrested, cited, or detained?” This question asks about the fact of arrest, citation, or detention itself, regardless of guilt.”
When meeting Korean clients, the most frequent question I hear is, “This is an old matter, is it okay?” These include incidents from over a decade ago where they were questioned by the police and released, youthful indiscretions, arrests for drunk driving that were dismissed, police reports from domestic disputes, and arguments at restaurants.
In an enhanced background check environment, it's known that these items can appear on screen much earlier and more clearly than in the past. Law firms warn that even arrest records without convictions, juvenile records, and sealed cases can be grounds for a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). This means that a case ending without a conviction doesn't automatically equate to ‘no issues"; it's a structure where an examiner can view the records and request further explanation. What's needed at this point are certified court records proving the final disposition and a declaration from an attorney summarizing the case's progress.
Korean records must also be examined from the same perspective. Items such as disciplinary actions during military service, school violence dispositions, summary indictments for traffic violations, and juvenile protection dispositions are considered routine in Korea, but they can carry different weight on international information exchange channels like PCSC. In particular, the nature of the questions in N-400 Part 12 (“Have you EVER been arrested, cited, or detained by any law enforcement officer for any reason?”) asks about the fact of arrest, citation, or detention itself, regardless of guilt. This means that even cases that were dismissed by the court with no charges, citations received from the police for traffic violations, or brief detentions after bar altercations are all subject to reporting. It is safer to honestly declare cases that were dismissed with no charges in Korea and to obtain a Korean National Police Agency criminal and investigation record certificate in advance to prove the closure of the case.
Closing remarks
The message this change sends to the Korean community has two aspects: ‘time‘ and "documentation." In terms of time, you can no longer rely on past average processing times when scheduling Green Card, citizenship, employment-based immigration, marriage-based immigration, or DACA renewal. It's best to allow for a longer than usual gap between the interview and the decision, and to carefully arrange other schedules such as changing jobs, traveling abroad, or renewing leases. If you've booked a trip to Korea to coincide with your citizenship ceremony, it's safer to double-check the refund conditions for your flight ticket until you have the official notification in hand.
From the perspective of record-keeping, it's time to switch from assuming you have no criminal history to confirming it. It's safer to obtain and review an FBI Identity History Summary for records in the U.S. and a Consular Office or National Police Agency Criminal and Investigation History Certificate for records in Korea, in advance with your attorney. This is also a good time to revisit sealed or dismissed cases. Employers should also consider that decisions on employee green card petitions or H-1B extensions may be delayed, so it's advisable to check renewal schedules starting 90 days before the EAD expires.
Here are three practical actions recommended for today's stage. First, obtain and keep your criminal background check results from both the US and Korea for yourself and your family, for lawyer review. Second, for cases where a decision is delayed after an interview, inquire about the processing status through the myUSCIS Case Status Inquiry tool as an official procedure. Third, for green cards, EADs, and OPTs with renewal timelines, organize them on your calendar starting 90 days before expiration. These three points are close to a self-protection checklist for the era of enhanced background checks.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
Law Offices of Jin Dong Cho
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