PHAM & CLOVES, PLLC

Revised Guidance of USCIS’s Approval of Green Card Applications While FBI Name Checks Are Pending

Recently, the U.S. Custom and Immigration Services (USCIS) confirmed that the revised guidance on USCIS’s approval of green card applications and I-601 Inadmissibility Waiver applications on February 4, 2008 remains in effect.  As such, should you have a name check application that is currently pending for at least 180 days on green card applications or I-601 Waiver Applications, please contact the Houston Texas Immigration Law Firm – Veritas Legal Group. 

On February 4, 2008, Michael Ayetes, the USCIS’ Associate Director of Domestic Operations issued a revised guidance for field adjudicating officers in processing and approving applications for adjustment of status (green card applications) and I-601 Application Waivers of Ground of Inadmissibility.  To date, the USCIS has eliminated a large portion of the backlog created by the required FBI background check.  However, there are numerous applications that are still in delayed and indefinitely pending with USCIS. 

Previously, an FBI finger printing name check and/or the Interagency Border Inspection Services (IBIS) check must be approved prior to the USCIS issuing an approval for I-495 adjustment of status to obtain a green card applications and an I-601 Applications Waivers of Grounds of Inadmissibility.  This can take up to 2 years or more in some instances.  Thus, applicants may have their application indefinitely pending until the FBI has issued an approval.  At times, finger printing cards and or applications have been lost or misplaced.

There is no change to this requirement and USCIS will continue conduct FBI name check and background checks.  However, the new guidance instructed Adjudicating Officers to approve pending applications that is otherwise approvable if it is pending for at least 180 days or more.  It is important to note that the February 4, 2008 guidance stated that, “The adjudicator shall approve…,” indicating that the officer must approve these applications.  When and if the FBI background check or the IBIS check return information that is actionable (negative result), the USCIS will rescind its approval and initiate the removal process.  It is important to remember that the green card, Form I-551, is a government document and the Department of Homeland Security (DHS) may rescind such document at any given time. 

The Houston Texas I-485 Adjustment of Status Application Attorneys and the U.S. Green Card Application Lawyers at Veritas Legal Group have assisted numerous clients to timely obtain their green cards.   Our Houston Texas Immigration Law Firm also assists clients in preparing and filing I-601 Inadmissibility Waiver Applications and INA Section 212 Extreme Hardship Waiver Applications with the Executive Office of Immigration Review (EOIR) in the Immigration Court and through consular processing abroad.  Our Houston Naturalization Application Lawyers also assisted clients whose N-400 naturalization application has been pending more than 120 days after successfully interviewed and passed the naturalization examination.

Please contact the Houston Texas Immigration Lawyers and Houston Texas Green Card Application Attorneys at Veritas for more details.  If you or your family member is being detained or received a “Notice to Appear” in immigration court for removal proceeding, be sure to contact one of our Houston Texas I-601 Inadmissibility Waiver Attorneys and our U.S. Consular I-212 Application for Readmission after Deportation and Removal to properly prepare and file for your waiver applications.  Our attorneys can be reached at Country Code (011), 832-484-9015, or through our online contact form.