No I-485 without FBI NC : (
http://www.immigration-law.com/Canada.html
12/04/2007: DHS Reaffirm Its Policy Not to Approve Applications Without FBI Namecheck Results
As we reported it day before yesterday, the current secuirty management environment is different from those in pre-9/11 era and does not allow any government actions that can seriously undermine the nation's homeland security regardless of any other issues that press a political or administrative action. This includes the immigration backlog. After the news reports that the DHS might adjudicate applications within certain period regardless of the secuirty clearance results, the DHS has come forward to clarify its position saying 'It Ain't Goiing to Happen!' There was one time unconfirmed report that the USCIS might have approved I-485 applications relating to the July VB flip-flap and need for its alleged efforts to wipe out the FY 2007 EB visa numbers before July 2007, raising a serious concern relating to its potential serious compromise of its primary mission of homeland security. Whether or not the USCIS indeed approved some I-485 applications during the period has never been verified or confirmed. Security lapse will constitute the most serious political liability for the government agencies in this day and age.
And more somewhat good news (
http://www.ilw.com/immigdaily/#comment ):
Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:
Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.