February 11, 2008

USCIS Takes Steps to Alleviate Adjudicatory Delays Predicated on FBI Name Checks

United States Citizenship and Immigration Services (USCIS) has modified its existing policy to allow for the adjudication of certain immigration applications prior to the completion of mandated background and security checks. USCIS requires that background and security checks be conducted by the Federal Bureau of Investigations (FBI) on petitioners, beneficiaries and applicants seeking immigration benefits in order to enhance national security.

USCIS previously required that an FBI fingerprint and an Interagency Border Inspection Security (IBIS) check be obtained and resolved prior to adjudication of an Application for Adjustment of Status (I-485), Application for Waiver of Ground of Inadmissibility (I-601), Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (I-687) or Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)(I-698).  The new guidance allows for USCIS to approve certain applications including the I-485, I-601, I-687 and I-698 after the FBI name checks have been pending and have not been resolved for more than 180 days.  USCIS will continue to initiate FBI name checks when the applications are received, however, once the name checks have been pending for more than 180 days, if the applications are otherwise ready to adjudicate, the USCIS will proceed with the adjudication.

The FBI has committed to providing the results of a name check request within 180 days.  Furthermore, if any applications are approved pursuant to this policy, the files will be retained at the adjudicating office until the checks have been concluded.  Should derogatory or adverse information be received from the FBI and an application has been already been approved, USCIS will determine if rescission or removal proceedings should be pursued.