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USCIS Revises Background Check Process: Will Adjudicate Adjustments Where FBI Name Check Pending Beyond 180 Days

Finally some relief is coming to those pending FBI name check processing. This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits.

As you may know, thousands of applicants are facing name checks delays by the FBI and other agencies. In many cases for no reason what so ever. Now USCIS is issuing this revised policy to align all agencies background checks with those of USCIS.

Under the new policy, applications that are otherwise approvable and the FBI name check has been pending for more than 180 days, the officer must approve the I-485, I-601, I-687 and proceed with Card issuance. So in other words, if the case is good and the FBI is the only reason for the delay after 6 months of delay, USCIS must issue the card. This doesn’t apply to pending Citizenship N400 cases at this time for some reason.

We will keep you posted with new development.

Read the internal memo here Download file