A USCIS memorandum recently became publicly available that represents a significant change in policy with respect to Federal Bureau of Investigation (FBI) name checks in the context of I-485 adjudications. Assuming that the fingerprint and Interagency Border Inspection System (IBIS) checks are completed, the third required check (the FBI name check) should no longer delay the final adjudication of I-485 cases.

Under this new policy, USCIS will wait up to 180 days for the FBI name check results and then will be able to approve the I-485 adjustment application even if the results are not received from the FBI (at present, the USCIS is delaying final adjudication until FBI responds and affirmatively clears each name check request that was held up). As noted in the memorandum, the USCIS has decided to implement this change because it does have the ability to revoke a green card approval and place a person in removal proceedings even after the I-485 has been approved, if the final response from the FBI results in information that warrants such action.