Name Check - 180 days rule?

sree2005

Registered Users (C)
does any one have more info on this? i saw people posting info on 180 day rule on name check. Id the name check doesn't clear in 180 days, does uscis still go ahead to approve pending 485s?

any official info?
 

Labor_Wait

Registered Users (C)
Nope... It was pure rumor, Some one in the thread mentioned that Ombudsman Prakash told in one interview agreed that if it cross 33 months and all other checks, 2 out of 3, is completed. Other than this there is no evidence for 180 days rule.
 

-me-

Registered Users (C)
They might have used (well, it's still questionable if they did so) this type of unofficial policy in late June, when they were dying to approve as many cases as possible in order to make cutoff date "U" for July. However, there is no reason for them to continue this now. The dates for Jul are "C" and for Aug are "U" so they can keep approving cases at their own pace (which is dead slow as you know).
 

myitneeds

Registered Users (C)
If that rule applies(180 days)... there are about 100,000 cases....waiting to qualify or to get approved...

I dont think they have any specific rule to expedite if 180 days crossed...
 

Sureshj

Registered Users (C)
I believe it used to be 180 days for EB visas also, but USCIS has very cleverly removed that from the applications about a year ago due to the backlog. However it still applies for family based GCs. Some of the WOM cases being filed these days are from the family based category for violation of 180 day rule.
 

coowboy

Registered Users (C)
Some one in the thread mentioned that Ombudsman Prakash told in one interview agreed that if it cross 33 months and all other checks, 2 out of 3, is completed.

Not true either. Check my signature, my NC has been pending for over 40 months :D
 

-me-

Registered Users (C)
Can you provide examples of such law suits? I've never seen such a rule ever. Even more than that, there is a lot of people in FB category, who wait much longer than a year (not to mention 180 days).

180-day rule is nothing else, but an urban legend.

I believe it used to be 180 days for EB visas also, but USCIS has very cleverly removed that from the applications about a year ago due to the backlog. However it still applies for family based GCs. Some of the WOM cases being filed these days are from the family based category for violation of 180 day rule.
 

Labor_Wait

Registered Users (C)
Not true either. Check my signature, my NC has been pending for over 40 months :D

I don't think before name check clearance you get RFE, I had gone through some standered procedure and its looks like the file goes into IO only if all the checks are cleared.
If someone has different idea please let me know
 
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Sureshj

Registered Users (C)
Can you provide examples of such law suits? I've never seen such a rule ever. Even more than that, there is a lot of people in FB category, who wait much longer than a year (not to mention 180 days).

180-day rule is nothing else, but an urban legend.

Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”
 

-me-

Registered Users (C)
USCIS keeps saying that the period of time spent by "other agencies" for the completion of "background checks" doesn't count towards the time of consideration/adjustment. If you had a court's decision enforcing this rule, it would be great. Otherwise this might be considered as just a goal for the USCIS, since it doesn't give an immigration judge the right to take over the immigration case and make the adjudication.
The spirit of this law is to provide quick and fast adjudication. However, it should't jeopardize the nation security.

Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “…It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.”
 
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Sureshj

Registered Users (C)
USCIS keeps saying that the period of time spent by "other agencies" for the completion of "background checks" doesn't count towards the time of consideration/adjustment.

Since USCIS is the entity that is getting paid for this service they are liable to meet timelines as well, whether they contract part of the work to another agency (FBI) or not. This seems to me a good enough reason for lawyers to build a case.
 
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