More Rigorous Review of Fiance Visa Application Expected After San Bernardino Shooting

More rigorous review of fiance visa application is expected as new investigation details of San Bernardino shooters emerge. We will probably see more detailed background checks and more rigorous vetting.

As reported by LA Times, there new details of the marriage-related fiance visa application:

FAROOK ALSO HAD CONSIDERED A TERRORIST SPREE IN SOUTHERN CALIFORNIA LONG BEFORE THE TWO MET. HE HATCHED PLOTS TO GUN DOWN DRIVERS ON THE 91 FREEWAY AND BUTCHER STUDENTS AT A COMMUNITY COLLEGE IN RIVERSIDE, ACCORDING TO A FEDERAL INDICTMENT AGAINST ENRIQUE MARQUEZ, WHO BOUGHT THE SEMIAUTOMATIC WEAPONS USED IN THE SAN BERNARDINO ATTACK.

NONE OF THAT EVIDENCE CAME TO LIGHT BEFORE THE SHOOTINGS, HOWEVER, AND COMEY HAS SAID THE COUPLE APPEARED ON NO TERRORISM OR CRIMINAL WATCH LISTS THAT WOULD HAVE LED TO GREATER SCRUTINY BY LAW ENFORCEMENT AND INTELLIGENCE AGENCIES.

ON THE K-1 VISA APPLICATION FORM, FAROOK ANSWERED “NO” TO QUESTIONS OF WHETHER HE HAD EVER COMMITTED “HOMICIDE, MURDER, MANSLAUGHTER” OR OTHER CRIMES, INCLUDING ILLEGAL DRUG USE AND DOMESTIC VIOLENCE.

THE APPLICATION PROVIDES THE FIRST PUBLIC LOOK AT THE EVIDENCE THAT FAROOK, A U.S. CITIZEN BORN IN CHICAGO, GAVE IMMIGRATION OFFICIALS TO PROVE HE AND PAKISTANI-BORN MALIK HAD MET IN PERSON AND WERE PLANNING TO MARRY.

THE FILE WAS RELEASED BY THE HOUSE JUDICIARY COMMITTEE, WHICH IS INVESTIGATING WHETHER THE VISA WAS ISSUED PROPERLY. SOME REPUBLICAN LAWMAKERS HAVE CHARGED THAT MALIK FAILED TO MEET THE LEGAL REQUIREMENTS TO BE ISSUED A VISA.

SEN. CHARLES E. GRASSLEY (R-IOWA), CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, SAID AT A DEC. 10 HEARING THAT IT APPEARED MALIK HAD GIVEN A FALSE HOME ADDRESS ON THE APPLICATION, AND THUS SHOULD HAVE BEEN DENIED A VISA. “OUR GOVERNMENT APPARENTLY DIDN’T CATCH THE FALSE ADDRESS IN PAKISTAN SHE LISTED ON HER APPLICATION OR OTHER POSSIBLE SIGNS THAT SHE WAS RADICALIZED OR AN OPERATIVE,” GRASSLEY SAID.
REP. ROBERT W. GOODLATTE (R-VA.), CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, INSISTED TUESDAY THAT IMMIGRATION OFFICIALS HAD FAILED TO CHECK THE APPLICATION CAREFULLY ENOUGH… “THE IMMIGRATION OFFICER DIDN’T HAVE ENOUGH EVIDENCE TO SHOW THE TWO HAD MET IN PERSON, AS REQUIRED FOR THE K-1 VISA.”

These are public hearings, and they may not have an immediate effect on how green card applications are processed by the USCIS. However, these new details of the investigation reveal how not all the “t”s crossed and “i”s dotted.

We believe it will be a matter of managing the USCIS liability, and the agency will require its officers that no such incompleteness ever happens again. As I indicated earlier, we may expect stricter green card application process. And this will likely cause further delays in processing of all applications currently under review by the USCIS. Why?

The USCIS is a government-ran organization. It is inefficient by definition. Furthermore, there are are signs that the agency lacks resources and is underfunded. Some of the existing protocols the agency follows still heavily rely on paper processing of applications; the data entry is manual. The delays are profound. So when you try to further complicate the application process by adding more steps, extra screenings and additional background checks, it is only logical that the overall process will become longer.
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