February 4, 2008
On February 4, 2008, USCIS Associate Director, Domestic Operations, Michael Aytes issued a memorandum revising existing guidance regarding background and security checks on applicants, petitions and beneficiaries seeking certain immigration benefits. The practice has been that USCIS waits for a definitive FBI fingerprint check and the IBIS check before the I-485 will be approved. This practice has caused much delay in the approvals of I-485 petitions. This memorandum revises USCIS practice to mandate the adjudicator to approve the I-485 and proceed with card issuance where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days. 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.