USCIS Memo Allows I-485 Approval If FBI Namecheck Pending Over 180 Days

A February 4, 2008 USCIS memo instructs field offices that where an application for adjustment of status (Form I-485) is otherwise approvable, and the FBI namecheck request has been pending for more than 180 days, USCIS can now approve the I-485 and proceed with card issuance.

Under prior policy, USCIS had to wait until it received the results of the FBI namecheck request before adjudicating the adjustment of status application. The USCIS memo notes that the FBI has committed to providing FBI namecheck results within 180 days. The policy also applies to adjudicating Applications for Waiver of Ground of Inadmissibility (Form I-601), Applications for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (Form I-687), and Applications to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) (Form I-698).

The new policy does not, however, apply to applications for naturalization (Form N-400), which must still await FBI results and resolution before being adjudicated.

Finally, "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."


Memo obtained by AILA, posted with AILA permission. AILA Doc. No. 08020760.

For an additional resource on this topic, see USCIS Update on Background Check Policy