NewsFlash! Faster Security Clearances for I-485s and Other Applications Posted Feb 07, 2008 ©MurthyDotCom The USCIS issued an Interoffice Memorandum on February 4, 2008 under the subject of "Revised National Security Adjudication and Reporting Requirements." The memo makes important changes to the security check procedures for cases pending before the USCIS, aligning the USCIS's procedures for background and security checks in connection with certain applications with the procedures used by Immigration and Customs Enforcement (ICE). In short, it will now be possible for the USCIS to approve the I-485, Application for Adjustment of Status, even where the FBI name check clearance has not been received, if the name check takes longer than 180 days. ©MurthyDotCom Approvable Case Must Be Approved on Most Cases if Check Exceeds 180 Days ©MurthyDotCom Under the recent guidance issued on February 4, 2008, it will still be necessary to have a definitive Federal Bureau of Investigation (FBI) fingerprint check, as well as an Interagency Border Inspection Systems (IBIS) check. Any issues with these checks must be resolved before the I-485 Application (and other applications like the I-601, I-687 and I-698) can be approved. However, if a case is otherwise approvable, and the FBI name check has been pending for more than 180 days, the USCIS must approve the case. The FBI fingerprint check, IBIS and FBI name check must be obtained and resolved on all N-400 cases before a person can become a U.S. citizen. ©MurthyDotCom Later Negative Information Could Result in Rescission / Removal ©MurthyDotCom If negative information is obtained after case approval, the USCIS will then determine whether the permanent residence status should be rescinded or the individual should be placed in removal proceedings. The FBI has stated that it is committed to providing name check results within the 180-day time period. ©MurthyDotCom Conclusion ©MurthyDotCom This policy, if carried out as stated, should result in the approval of many long-delayed cases. Of course, it is still necessary to meet all other I-485 requirements, including the availability of a visa number. This change with regard to name checks in no way addresses the case delays due to retrogression and lack of visa numbers. Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
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