Lawsuit Claims National Security Vetting Delays Green Cards

As many ILBSG clients can attest, green card processing can be a very long and frustrating process. In the last few years, immigration processing, in general, has been subject to lengthy adjudication and unexplained delays, often leaving those affected in difficult situations. While some delays have been unavoidable, such as those caused by the Covid-19 pandemic, others have seemed inefficient and unnecessary. A recent lawsuit has challenged one such delay, alleging that USCIS’ prolonged national interest screening is unlawful.

In Zubair v. USCIS, filed in the United States District Court for the District of Columbia, the complaint alleges that the plaintiff’s spouse’s visa was unreasonably delayed by USCIS under the Controlled Application Review and Resolution Program (CARRP) because the spouse is a native of Pakistan which is a predominantly Muslim country. The complaint alleges that the CARRP procedure used by USCIS is overbroad and results in delays beyond just those who are a legitimate national security concern for the United States. On that basis, the plaintiff is seeking a judgment declaring that CARRP violates the Immigration and Nationality Act, the United States Constitution, and administrative procedure.

What is CARRP?

The Controlled Application Review and Resolution Program (CARRP) is a screening procedure USCIS uses to flag individuals who may present a national security risk. Though CARRP is not a law, it is an internal policy used by USCIS to vet individuals who are determined to be Non-known Suspected Terrorist or Known Terrorist. CARRP has four steps: 1) Identifying a National Security (NS) Concern; 2) Assessing Eligibility in cases with an NS concern including an assessment on eligibility and internal vetting; 3) External vetting; 4) Adjudication.

CARRP has been applied primarily to countries with large Muslim populations like Pakistan, Iraq, and Iran (among others). CARRP applies to both immigrant and nonimmigrant applications. In Zubair, the plaintiff alleges that the spouse’s visa application has been unreasonably delayed because Pakistan is a predominantly Muslim country and is on the national security watchlist. Additionally, they allege that the criteria for determining whether an individual is a national security threat is broad and encompasses law-abiding individuals that are not related to terrorist activities. Plaintiff points to national origin as one of the broad categories used to determine whether an individual is a national security concern. In Zubair, the fact that plaintiff’s spouse is from Pakistan, they argue, is the reason for the two-year delay.

Why does CARRP matter?

CARRP matters because it may result in a significant delay in the adjudication of the petition or application. USCIS is not required to inform the applicant of the delay or the reason for the delay as is the case in Zubair v. USCIS.

In Zubair, the plaintiff started the visa petition for his spouse in 2017. The spouse was interviewed in 2019 but a decision has not been made since. The petition has been delayed for two years with no explanation to the plaintiff or the spouse. Although USCIS did not specify the reason for the delay, the plaintiff alleges there is sufficient evidence proving that the delay is due to CARRP.

So, what does this lawsuit mean?

If the Court strikes down the CARRP policy, USCIS will have to find another way (perhaps more specifically targeted) to vet applicants for national security concerns. On the other hand, if the Court affirms the policy, then USCIS may continue to delay petitions or applications without giving the applicant notice of the reason for the delay and regardless of whether the applicant is a legitimate national security concern to the U.S.

This is a lawsuit to watch and ILBSG will keep its clients updated on any further developments.

If you have questions about the CARRP policy or any other immigration-related issue, contact us at any time. We are here to understand your specific situation and ensure you get the right advice.