If you have a pending application for adjustment of status (Form I-485 or “green card”) and are experiencing substantial delays due to the backlog in FBI name check result to clear your way with the USCIS adjudication officers, you know what we are talking about and we, too, know how devastating such delays can be in your life. Some of the clients we helped successfully in the past had cases pending with FBI for over 3 years before they came to our office.
The situation became so problematic that only not too long ago, U.S. Citizenship and Immigration Services (USCIS) allowed its examiners to automatically approve those I-485 applications if the FBI name check was pending for more than 180 days provided that the case would otherwise be approvable, of course. Ever since then, many pending I-485s have been cleared off the backlog at the USCIS for almost the past year, coupled by the substantial processing improvement by the FBI in such matters where FBI now says it can complete a name check within the normal targeted range of 90 days. But, this considerate policy by the USCIS did not last too long either.
USCIS has just rescinded this good practice which means USCIS adjudicators will now not be allowed to give automatic approvals to the pending I-485 without an FBI name check clearance even if the case has been pending at FBI for more than 180 days or longer. The only exception or endnote to the announcement is that a special permission by the USCIS headquarters is now required for automatic approvals without further delay to wait for the final result of the name check result from the FBI. No further details regarding the guidelines or considerations when such a special permission might be granted or what factors warranting such a special consideration were given by the USCIS and are yet to be discovered.
Yu, South & Associates also learned from the AILA source that this policy change does not affect other types of background checks. Adjustment applications are also subject to FBI fingerprint searches and other security clearances; these checks must be completed before an adjustment application can be approved.
If you or your family member or friends might have such a problem involving long overdue pending case currently still stuck at the FBI level for either fingerprint searches, background security clearances or name check result to continue your pending I-485 adjudication by the USCIS and would like us to look into the matter for you to either investigate where and what might be the problem or the delay or if we can help to expedite the process, please send your detailed information to:
Yu, South & Associates, Where YOU Matter the Most