Immigrant Daily

National Security Adjudication and Reporting Requirements – Update

It is a routine procedure for USCIS to conduct background checks on all applicants, petitioners and beneficiaries, who seek immigration benefits. The DHS office of Inspector General recommended that the USCIS conform its background and security check policies to that of ICE. In response to this the USCIS issued a memorandum advising USCIS officers that if the following types of applications were otherwise approvable, and the name check request was pending with the FBI more than 180 days, the application should be approved. The types of application are as follows

• Form I-485, which is the Application for Adjustment of Status;
• Form I-601, which is the Application for Waiver of Ground of Inadmissibility;
• Form I-687, which is the Application for Status as a Temporary Resident U/S 245 A of the Immigration and Nationality Act; or
• Form I-698, which is the Application for Adjustment of Status from Temporary to Permanent Resident.

During the past one year FBI dramatically improved its name check processing and response times and so USCIS is again revising its policy of automatic approvals of certain cases after 180 days. USCIS will continue to initiate FBI name checks when applications are received and if the application is approvable and the FBI name check has been pending for more than 150 days the adjudicator will notify the headquarters. The point of contact at the headquarters will contact the FBI to find out the reason for the processing delay and then provide adjudicating officers with guidance on how to proceed, including giving approval authorizations, when appropriate.

If derogatory or adverse information is received from the FBI after the application is approved, USCIS may decide to initiate removal proceedings.

For further information, please read: FBI Name Check Update