Case pending due to background check - FBI cleared it on 5-Nov-2010?

**gcdetails** · 25th March 2010, 11:25 AM

I had my 3rd infopass appointment today and today for the 1st time, I got to know that my case is pending because of background check, the IO was very polite and found this out after speaking with the supervisor. I had called FBI customer service at 3046255590 on 11/5/2010 and they confirmed that they have sent the background details electronically on 11/4 itself. I called again today just to confirm and they said the same. I asked if they can send it again or got another request, they said “NO”. They also mentioned that they do Criminal Background Check and a person can check their details by going to this website, pay $18 and submit a request.
http://www.fbi.gov/hq/cjisd/fprequest.htm

What other background check do they do? Anyone has any idea?

**baikal3** · 25th March 2010, 11:33 AM

Originally Posted by gcdetails

I had my 3rd infopass appointment today and today for the 1st time, I got to know that my case is pending because of background check, the IO was very polite and found this out after speaking with the supervisor. I had called FBI customer service at 3046255590 on 11/5/2010 and they confirmed that they have sent the background details electronically on 11/4 itself. I called again today just to confirm and they said the same. I asked if they can send it again or got another request, they said “NO”. They also mentioned that they do Criminal Background Check and a person can check their details by going to this website, pay $18 and submit a request.
http://www.fbi.gov/hq/cjisd/fprequest.htm

What other background check do they do? Anyone has any idea?

FBI does two background checks for N-400 applicants.

The first is a fingerprint check, where they run your fingerprints against their criminal record databases to see if you have any convictions. This check is very fast and is usually completed almost instantaneously, typically on the same day as USCIS takes your fingerprints and transmits them to the FBI.

The second background check is the so-called FBI Name Check, see
http://en.wikipedia.org/wiki/FBI_Name_Check

This one can take anywhere from a few days to a few months. What they told you at infopass indicates that your FBI Name Check is still not completed.
For the fingerprint check you can find out if it went through by calling the FBI customer service yourself. However, FBI will not give you info about the status of the Name Check. That info you can only get from USCIS or if you request info about your case through a member of the U.S. Congress representing the place where you live.

**WBH** · 25th March 2010, 11:33 AM

Originally Posted by gcdetails

I had my 3rd infopass appointment today and today for the 1st time, I got to know that my case is pending because of background check, the IO was very polite and found this out after speaking with the supervisor. I had called FBI customer service at 3046255590 on 11/5/2010 and they confirmed that they have sent the background details electronically on 11/4 itself. I called again today just to confirm and they said the same. I asked if they can send it again or got another request, they said “NO”. They also mentioned that they do Criminal Background Check and a person can check their details by going to this website, pay $18 and submit a request.
http://www.fbi.gov/hq/cjisd/fprequest.htm

What other background check do they do? Anyone has any idea?

You must be confused with two things. There are two background checks.
One is Fingerprining (FP) check . The other is name check. what FBI customer service at
3046255590 told you is that your FP check is done. They can not tell you whether
your name check is done or not.

**gcdetails** · 25th March 2010, 12:03 PM

My sincere thanks to both of you for the valuable information and your selfless helping attitude towards everyone in this forum. I have contacted both Senator and Congressman but haven't got any updates yet. Is there a deadline after which they have to complete the name check? As I mentioned in my previous post that my wife got a job with USCIS which is contingent on citizenship and thats why we are trying our level best from our end.

**baikal3** · 25th March 2010, 12:09 PM

Originally Posted by gcdetails

My sincere thanks to both of you for the valuable information and your selfless helping attitude towards everyone in this forum. I have contacted both Senator and Congressman but haven't got any updates yet. Is there a deadline after which they have to complete the name check? As I mentioned in my previous post that my wife got a job with USCIS which is contingent on citizenship and thats why we are trying our level best from our end.

There are no official deadlines, but USCIS has an informal self-imposed goal of completing (almost) all name-checks within 90 days. Apart from the congressional representatives, you can also contact the CIS Ombudsman,
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
although I think the Ombudsman inquiries are processed fairly slowly (still can't hurt to try).

**gcdetails** · 25th March 2010, 10:31 PM

So far, I have created service requests with USCIS (toll free), visited local district office couple of times (Infopass), contacted FBI, CIS Ombudsman, Senator and Congressman. Keeping my fingers crossed to see if anything works.

**Vorpal** · 26th March 2010, 08:51 AM

Since you're coming up on 120 days, have you considered filing a lawsuit under 1447(b)?

**gcdetails** · 26th March 2010, 09:32 AM

No, I will wait at least 2 more months before I do that. All the attorneys advised the same as USCIS gets upset with this and it should not impact my case adversely. I spoke to several attorneys but none of them in Maryland seemed to have good experience with 1447(b). After 3 weeks, I will again follow up with all these authorities. In one of the post, I saw that if they don't get the name check (I'm not sure if this is the reason), they do another request.
As of now, I'm keeping a track of everything that I'm doing.

**gcdetails** · 26th March 2010, 09:32 AM

No, I will wait at least 2 more months before I do that. All the attorneys advised the same as USCIS gets upset with this and it should not impact my case adversely. I spoke to several attorneys but none of them in Maryland seemed to have good experience with 1447(b). After 3 weeks, I will again follow up with all these authorities. In one of the post, I saw that if they don't get the name check (I'm not sure if this is the reason), they do another request.
As of now, I'm keeping a track of everything that I'm doing.

**Vorpal** · 26th March 2010, 10:41 AM

Originally Posted by gcdetails

No, I will wait at least 2 more months before I do that. All the attorneys advised the same as USCIS gets upset with this and it should not impact my case adversely. I spoke to several attorneys but none of them in Maryland seemed to have good experience with 1447(b). After 3 weeks, I will again follow up with all these authorities. In one of the post, I saw that if they don't get the name check (I'm not sure if this is the reason), they do another request.
As of now, I'm keeping a track of everything that I'm doing.

The USCIS can get as upset as they want, but the fact remains that they didn't do their job. In fact, it clearly states at the bottom of the N-652 that you are legally entitled to petition a federal court to make a decision on your application if one hasn't been made within 120 days of the interview. The USCIS will not be able to deny your application just to retaliate, as the court will assume jurisdiction over it.

**gcdetails** · 27th March 2010, 05:31 AM

Thats right and thanks for your feedback. I will send them a copy of 1447b after 120 days and if I don't hear anything for 2 weeks, I will file 1447b with a competent lawyer. Any tips on finding a good lawyer in Baltimore, MD? I found several lawyers by google and http://www.ailalawyer.com but its tough to know if they have done any 1447 in the past.Some of them are not even aware of it and are saying that they can find out and file it.

**Bobsmyth** · 27th March 2010, 05:40 AM

You can easily file 1447(b) on your own by following the steps outlined in the sticky.

**armin78** · 27th March 2010, 10:56 AM

gcdetails , i had a similar situation like yours at the same DO. I went to my first interview , they said decision can't be made. they told me it was a background check, i contacted Mr. Micheal Cannon's office ( head of fbi NC) and i was told that my NC was don within a month after i applied for n-400. SO , in your case, send a letter to Mr. cannon and get the status of your NC. The number you called is a FP status , ,that usually gets resolved and send back to uscis less than 3 days.Baltimore DO is something else ( one the hardest DO IMO) . IMO , highly doubtful your fbi NC is still pending, but i might be wrong. try to send a letter to the director of Baltimore office as well , i believe his name is Richard Caterisano. filling 1447b with a lawyer in MD will cost you around $3000 ( 2500 lawyer + 500 filling fee and etc). and if you need to hire a lawyer, make sure that they have filled 1447b before for at least dozen of times. My case took one year and my second interview was very stressful and made me mental for 2 months, and i talked to several lawyers in order to file 1447b . I hope you get the oath letter very soon.

**manishvora_99** · 27th March 2010, 03:20 PM

Originally Posted by armin78

gcdetails , i had a similar situation like yours at the same DO. I went to my first interview , they said decision can't be made. they told me it was a background check, i contacted Mr. Micheal Cannon's office ( head of fbi NC) and i was told that my NC was don within a month after i applied for n-400. SO , in your case, send a letter to Mr. cannon and get the status of your NC. The number you called is a FP status , ,that usually gets resolved and send back to uscis less than 3 days.Baltimore DO is something else ( one the hardest DO IMO) . IMO , highly doubtful your fbi NC is still pending, but i might be wrong. try to send a letter to the director of Baltimore office as well , i believe his name is Richard Caterisano. filling 1447b with a lawyer in MD will cost you around $3000 ( 2500 lawyer + 500 filling fee and etc). and if you need to hire a lawyer, make sure that they have filled 1447b before for at least dozen of times. My case took one year and my second interview was very stressful and made me mental for 2 months, and i talked to several lawyers in order to file 1447b . I hope you get the oath letter very soon.

armin78,

Thanks for the info. I am in a similar boat - interview passed on 3/35/10 and got N-652 form (for both myself and wife) - A decision cannot yet be made. I will contact the NYC FBI office on Monday - its in the same building as the DO.

My case has no complication .. so not sure why we have gotten stuck. Did they tell you why your name check took so long? Did your case have any complicatons?

**armin78** · 28th March 2010, 12:14 AM

you just had your interview, if you don't get your oath after 30-45 days, then start calling. the op situation is different.

**gcdetails** · 28th March 2010, 05:40 AM

armin78,
My sincere thanks and congratulations that you are done with it. I have spoken to at least 40 lawyers in Maryland, but none of them seemed to have that much exp with 1447b, they rather say that its not a good idea as this location is not very friendly with this. On your research, did you find a competent lawyer that I can go with? You can send me a private message too with the details.
On your recommendation, I have sent the letter to FBI name check by Fedex with a return label as well.

**armin78** · 28th March 2010, 11:51 AM

you can file 1447b on your own. one of the great member here (lazycis) gave me this link that pretty much tells you how to do it.

http://en.wikibooks.org/wiki/FBI_nam...tizenship_case

as far as i know based on my research during those 7 months , IF your case is straight forward without any skeletons in the closet , you have a pretty good chance in Greenbelt court (i assume that your address is in greenbelt court's jurisdiction) .

Wait to see what fbi NC tells you. BTW , did uscis specifically tell you that is your fbi NC pending or they just said background check ?

**gcdetails** · 29th March 2010, 04:38 AM

They only told me "Background check" is pending. I might not have filed AR11, thats what I can think of. Did you file 1447b eventually?

**armin78** · 29th March 2010, 02:22 PM

No , i didn't. sometime uscis perform an extended review and they call that also background check. did you travel out side of US recently?

**gcdetails** · 29th March 2010, 03:00 PM

Yes, I went to India and bangkok after filing N400 but my wife didn't go anywhere and have no name change, she is also stuck like me. I'm more worried about her as she is about to lose her job.

**armin78** · 29th March 2010, 08:03 PM

you should be ok.try to make an another infopass in two weeks and see if you can talk to one the supervisor.although i am sure they won't tell you any thing new or useful, but sometimes all you need is a request from some one to push your case forward. good luck .