3/5/2008

According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible I-485 cases are about 46,000. Now, according to USCIS HQ Service Center Operation office, the Service Centers located approximately 10,000 cases that were waiting name checks only, and they estimated that there would be additional 15,000 cases that would fit the new policy. 

There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.

On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is 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, I-698 applications and proceed with card issuance. 

However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warranted if derogatory or adverse information is received from the FBI after the application is approved.