USCIS Revises Policy on FBI Name Checks and AOS Adjudications

The USCIS recently issued an interoffice memorandum that revised its prior policy on waiting until the FBI name check was completed to adjudicate an I-485 Adjustment of Status application.  Under its revised policy, the USCIS now has the authority to adjudicate an otherwise approvable I-485 adjustment application if the FBI name check has been pending for over 180 days but has not been completed.  This does not mean that every adjustment case that has been pending for over 180 days will be approved.  The priority date for the case must still be current at that time for adjustment adjudication to take place.  Copied below is a paragraph from the USCIS Interoffice Memorandum that goes into additional detail on its revised policy. 

A definitive FBI fingerprint check and the IBIS check must be obtained and resolved before 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) is approved.  USCIS will continue to initiate FBI name checks when those applications are received.  Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with card issuance.  The FBI has committed to providing FBI name check results within this timeframe.

 

There is no change in the requirement that FBI fingerprint check, IBIS check and FBI name check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

 

Pending further guidance regarding post-audit reporting and tracking requirements and modifications to associated quality assurance procedures, applications approved pursuant to this memorandum shall be held at the adjudicating office.  If derogatory or adverse information is received from the FBI after the application is approved, USCIS will determine if rescission or removal proceedings are appropriate and warranted.