USCIS recently confirmed that Michael Aytes February 4, 2008 memorandum regarding adjudication of Adjustment of Status (AOS) applications for Aliens with delayed background checks has not been rescinded and will remain in effect. There had been reports from a USCIS field office that the Aytes Memorandum of February 04, 2008 had been rescinded.
USCIS stated that FBI is generally processing background checks in about
90 days, and that USCIS is currently reviewing policies and procedures
when a background check remains unresolved for more than 180 (calendar) days.