Finnan, Fleischut & Associates

Revised USCIS Policy on Deciding Green Cards with Pending FBI Name Checks

On February 4, 2008, USCIS issued a memorandum announcing a revised policy as follows:  if an adjustment of status application (AOS, Form I-485) is otherwise approvable, and if an FBI name check has been pending more than 180 days, USCIS examiners can approve the AOS. 

 Background:  U.S. Citizenship and Immigration Services (USCIS) must complete background checks on anyone seeking immigration benefits.  FBI fingerprinting checks, name checks and Interagency Border Inspection Services (IBIS) checks must be resolved before an I-485 is approved.  For many adjustment applicants, this has often meant lengthy delays particularly for FBI name check results to be completed before their AOS applications could be approved.

 The revised USCIS policy should help accelerate decisions on many delayed AOS applications.  Note, that if an FBI name check later reveals information to USCIS that is deemed adverse to the applicant, then USCIS can rescind the approval.