Legal News - USCIS Orders Offices to Adjudicate I-485 Apps
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USCIS Orders Offices to Adjudicate I-485 Apps

•  Headline News     updated  2008/03/28 09:28

U.S. Citizenship and Immigration Services (USCIS) ordered field offices to adjudicate applications for adjustment of status pending more than 180 days.  The agency had previously required that FBI name checks be completed before taking action on such applications.

In response to a determination by the Inspector General of the Department of Homeland Security to bring USCIS policies in line with Immigration and Customs Enforcement (ICE), USCIS has revised its policy in accordance with the IG's guidance.

"Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days," said a memo written by Michael Aytes, Associate Director of Domestic Operations, "the adjudicator shall approve the I-485, I-601, or I-698 and proceed with card issuance.  The FBI has committed to providing FBI name check results within this timeframe."

The policy is also likely to resolve a few hundred federal lawsuits around the country dealing with this very issue.  My clients have filed at least six during the past few years.

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