Name check 180-day rule
Hey all,
I do not know, maybe you know or heared about it, but on digging the internet I found an article about the name check 180-day rule. I thought it could be helpful or handy for others who have pending I-485 case for a long time. Although I am not envolved in this question, because my asylum case is pending for almost 180 days and no initial answer has been made, but at least you are able to find it valuable and this article can help you....
I do not know and I cannot guarantee the content or actuality of this writing but you never know......
I hope I was able to help.... Good luck for everybody and the best for you...
Norb
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Revised guidelines --- If the NC is not cleared within 180 days, USCIS office is allowed to adjudicate the cases.
Interoffice Memorandum
TO: Field Leadership
FROM: Michael Aytes '
Associate Director, Domestic Operations
SUBJECT: Revised National Security Adjudication and Reporting Requirements
Background
U.S. Citizenship and Immigration Services (USCIS) conducts background checks on alt
applicants, petitioners, and beneficiaries seeking immigration benefits. This is done both to
enhance national security and to ensure the integrity of the immigration process. USCIS has
previously mandated that FBI name checks be completed and resolved before any positive
adjudication can proceed on certain form types. This memorandum modifies existing guidance
for applications where statutory immigration provisions allow for the detention and removal of
an alien who is the subject of actionable information that is received from the FBI or other law
enforcement agencies after approval of the application.
USCIS is issuing revised guidance in response to recommendations of the DHS Office of
Inspector General (OIG-06-06) regarding the need to align the agency's background and security
check policies with those of U.S. Immigration and Customs Enforcement (ICE). The
Background and Security Investigations in Proceedings Before Immigration Judges and the
Board ofImmigration Appeals regulations prevent immigration judges and the Board of
Immigration Appeals (BIA) from granting benefits to aliens before DHS confirms that all
background and security checks have been completed. See 8 C.F.R. § 1003.47(g); 8 C F R. §
1003.1(d)(6)(i). In the context ofremoval proceedings, ICE has determined that FBI fingerprint
checks and Interagency Border Inspection Services (IBIS) checks are the required security
checks for purposes of the applicable regulations. In the unlikely event that FBI name checks
reveal actionable information after the immigration judge grants an alien permanent resident
K?5 ??iLmay detain and initittt0 remoya proceedings against the permanent resident. See 8
U.S.C. § 1227; see also 8 U.S.C. § 1256 (allowing DHS to rescind an alien's adjustment of
status).
WWWUUClLgOV
AR CIS 0101
Case 2:07-cv-00445-MMB Document 27 Filed 02/06/2008 Page 7 of 11
Revised National Security Adjudication and Reporting Requirements
Page 2
Revised Guidance
A definitive FBI fingerprint check and the IBIS check must be obtained and resolved before an
Application for Adjustment of Status (1-485), Application for Waiver of Ground of
Inadmissibility (1-601), Application for Status as a Temporary Resident Under Section 245A of
the Immigration and Nationality Act (1-687), or Application to Adjust Status from Temporary to
Permanent Resident (Under Section 245A of Public Law 99-603) (1-698) is approved. USCIS
will continue to initiate FBI name checks when those applications are received. Where the
application is otherwise approvablc and the FBI name check request has been pending for more
than 180 days, the adjudicator shall approve the 1-485,1-601,1-687, or 1-698 and proceed with
card issuance. The FBI has committed to providing FBI name check results within this
timeframe.
There is no change in the requirement that FBI fingerprint check, IBIS check and FBI name
check results be obtained and resolved prior to the adjudication of an Application for
Naturalization (N-400).
Pending further guidance regarding post-audit reporting and tracking requirements and
modifications to associated quality assurance procedures, applications approved pursuant to this
memorandum shall be held at the adjudicating office. 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.
Subject to the reporting requirements set forth in the February 16,2007, memorandum titled
"FBI Name Checks Policy and Process Clarification for Domestic Operations," an application or
petition may be denied, dismissed, administratively closed, withdrawn, or referred to the
Immigration Court at any time.
Questions regarding this memorandum should be directed through appropriate supervisory and
operational channels. Local offices should work through their chain of command.
Distribution List:
Regional Directors
Service Center Directors
District Directors (except foreign)
Field Officer Directors (except foreign)
National Benefits Center Director
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