FBI name Check Pending

[gordonk9]

Frustration

Hello, it's my first time posting here. I am the USC wife of a British immigrant. We filed our I-485 in January of 2004 with the VSC. It was subsequently moved to the Baltimore field office. We received notification of our interview, which we attended in May of 2004. At that time, we were approved pending the outcome of the name check . We have called, written and had appointments through Infopass to address the problem. All with the same answer- background/name/security check is pending. My husband renewed his EAD in March. No problem with that.

The beginning of this month we had an appointment at the Baltimore office and were told that they need his fingerprints again due to expiration of the ones they took in May of 2004. When we asked if there was anything else outstanding, the officer said no that everything looked ok but they needed the fingerprints done again. Three days later, my husband went in to get the fingerprints done (of course they couldn't take them while we were there for our appointment). Since then we have not heard anything from them.

Yes, it is frustrating. For us, it has been 19 months since we applied for AoS and 15 months since our interview. My husband has a somewhat common name and is from the UK. His country of birth is the UK. So it seems that the ineptitude of the Department of Homeland Security is to blame for the ridiculous wait times. I do have to say that I am very concerned when something this simple cannot be done in a reasonable amount of time.

I'll post any updates.

 

[cherr1980]

I am not sitting in here like you said, just now that I am writing this in the computer duh. But with insults (which is not the point of this forum) you are not going anywhere. See? you are so angry and furious that can't see the point and decided now to attack me. You now decide to attack whatever person who decide to wait or be patience because is not "your cup of tea". As being patient like me, oh well, as I said I just in the beginning of the process. When I said patience is not to seat down but is not to fall in the angry road. If I have been doing something? oh yes, not insulting anyone in this forum neither no one who actually point a finger at me.

You want to change the inefficency of the goverment? You are not the only one. And don't act like nobody else cares. The first point here is to understand that everybody is stuck and everybody is in the same boat, doesn't matter how many MBA's you have. Which I applaud you. Well first of all why you go to the same people over and over again if they are not working anything out! Did you try to go to AILA and explain your case? there are many organizations for immigrant issues and now more than before. Take advantage of it. Did you read the case of the Mexican man that organized in the 70's the farmer's workers? Amazing story. For example in Alabama there is a firm that has been working with one of their congressman about the problems with the DMV and driver's license issues for people with AOS pending. My husband and I are working with it in our State. Probably in your state, should be a firm where you can vent your problem and found other type of results or actually a result that you need. Sending email just has been resulted in a very frustrating task that is not giving any result. Turn the tide. It is my understanding that time to time, or like two times a year AILA lawyers meet with the USCIS liasons to see what they can improve. There is reading in front of Congress and they has been express the problem of FBI Name Check many times. Actually many of the things like the status online (which even is an automatic engine of notes) was a proposal that came from many meetings with lawyers. Is not that the changes will come right away. Just imagine how many people are waiting outside on Consulates and away of their loves ones, you have your family with you at least. Doesn't mean that is less frustrating. I am not saying that you shouldn't feel frustrated with it, but don't be so angry with everyone who is trying to tell you something in other way! I just told you some ideas and I hope you don't attack me again.

I am not lower any standard of any country. I won't change my country for everything even with inefficiency sometimes, not all the time, thank God but oh well I am here now. When I said about in every country people eat potatoes, is that you will find that what you critize in your country you will find it in here or in others countries. Doesn't mean that you should agree with it, but you won't feel so alone in the fight and realize that the fight doesn't end, you definetly decide to take it in the bad way and almost insult me. I am not saying that if I look that something is wrong shouldn't be correct. Of course should be correct!!! And my husband one that I am one of the first person to say a person in a mall that pick up their trash!
Because many people decide that it was a right for black people to vote, the civil right act exist these days after many battles and many others battles have to be done.

But what I am trying to say is to that using insults and get so angry you are not going anywhere. You should be perseverant, straight and firm. The better way to confront the tiger is with a good chair (arguments, documents, files) and cold heart (strong actitude but calm).

Probably you won't get this word as the way I am saying it but don't attack me anymore because I didn't attack you. When you generalize you attack everybody. When you attack people because a type of movie or people who vote are morons you are attacking everybody in that spectrum. If you want to attack the system, then attack the system and use the right words.

You have the right to raise your voice, but not to insult. Which person wouldn't like to see a better goverment? and better goverment which mean that many people won't going to immigrate to others countries and be separate of their families, free of movement and when you visit such countries you won't have a headache of how disorganize can be!, which person wouldn't like to see that their children can go safe to school, that people most do their job and not just do it but do it RIGHT from the beginning (public and private), that will be more control in gun ownership and so and so. . Many things has to be done and I am agree with you in that and nobody should be comfort in what is going on right now but I won't insult and put a finger like that because I just met a couple of people who are doing wrong then I will generalize that ALL are the same, when is not.

And those are my 5 cents...

 

[cherr1980]

I found this:

IBIS (Interagency Border Inspection Systems) and FBI name checks

IBIS checks provide USCIS with information on any wants and warrants as well as information on known terrorists. These checks are run before adjudicating any petition or application. In case of a “hit” in IBIS, the center checks with the agency that keyed in the original data before adjudicating the application or petition. Before adjudicating adjustment of status applications fingerprint checks are done. The fingerprint checks give criminal histories but not wants or warrants.

On the other hand the FBI name check indicates whether a person currently is or has ever been investigated by any of more than a dozen agencies. In case of a “hit” in a name check, the FBI does not tell USCIS what specific information has been found in the FBI database, and USCIS on the other hand must wait for the FBI to resolve the “hit”. If the name checks are returned with “no information,” USCIS periodically reviews the checks on a set schedule. If the record is listed as “pending”, District Offices are not authorized to follow up with the FBI, and they forward a list of these records to USCIS HQ, who then follows up with the FBI. These copies are not retained by the FBI on any check it runs, hence, every time a name check is needed, the foreign national has to go through the same process again.


I checked with a person who takes FP for a department xxx and it suppose that the problem is when a name is very common even is silly (he said that) because the birth date doesn't match but sometimes does, they will check it manually and is an intern problem of the FBI, even other departments of the goverment has been in problem with the FBI because apparently they don't have enough personnel.

Good luck,

 

[stuck_for_gc]

You can accept a new job offer and start working by showing your EAD and SS cards. You do not need any approval or file any papers. Three months before your EAD is about to expire, apply for a renewal or else you may be working illegally.

I am in the same boat as you are. I resigned from the job where I was working on H1-B and accepted a new offer and just showed them my EAD and SSN.

Eric

Eric

Thanks for your reply. It will be a big help when I switch my jobs next week. Once again thanks a lot.

 

[singhaj]

FBI name check

Has anyone heard any update from San jose lately. I am waiting since march 1 interview (everything is fine per INS interview officer, but FBI name check is pending)

Please update if there is anything infor anyone has.

Thanks

 

[delsol]

hi. i am also having same difficulty so i wanted to share.
i have filed I-485 june 2002 in nyc. interview was last year. i was told that my case is approved but without background check results they can't stamp my passport. since than 15 months passed nothing new. i visited local office so many times.. i call them...now i am working on to contact the fbi, etc...congressmen as well. good luck everybody. we really need that.

 

[aoshelp123]

In the same boat

Has anyone go a reply back from FBI?

I sent my request on Feb 6th, 2005 and haven't heard anything.

Waiting since my interview on Feb 1st.

 

[delsol]

soon it will be 15 months since my fingerprints are taken for background check etc. do we have to wait for a notice or something from uscis? or we just better call them and mention? any idea?

 

[phila_babu]

Below is the email I received from FBI today. No wonder why it was stuck. But they actually cleared it same day next time. I don't know who is telling the truth though. But this gives us advise about what to do and that means, continue to bug USCIS more through whatever means.

-------------------------------------------------
I am responding to your email dated January 13, 2005, concerning your name check status for immigration purposes.

A review of the FBI's Name Check Program database revealed that a request from the U.S. Citizenship and Immigration Services (USCIS) for you was received on August 10, 2004. This submission contained an error and was not accepted by our automated system. However, our records also show another submission received on May 26, 2005, and it was completed on that same day. The results were forwarded to the USCIS Headquarters, Washington, DC.

Sincerely,

Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division

Hi Romit,

I had my interview today and was told everything was fine they couldn't approve me because my file was pending FBI investigation. Could you please give us the email (or address or website) of who/how to contact the FBI?

Thanks

 

[anil24]

Re: name check....

Guys

I had been waiting for my name check to clear since March 2004. After reading all the messages in this forum, I was about to file a lawsuit. But before that I decided to ping my local Congress person in San Jose and also send a request to FOIA. In following up with the FOIA folks, they told me that my request could take 10-15 months: which is crazy considering I had already waited for over 2 1/2 years for the name check clearance.

The letter to the congresswoman seemed to have worked cos within a month I got a notice for fingerprinting (the last one I had gotten done was in Feb 2004). Today, I went to the USCIS office and they told me that my name check had cleared and I should expect my GC very soon!

I would recommend writing to your congress person and if that doesnt work file the lawsuit.

Anil

 

[music_fan]

Same issue here- got interviewed in this september, the interview went well, but the officer showed us the computer screen - FBI name check pending. No updated till now.

 

[music_fan]

NC pending

I got the same situation- got interviewed in September this year, everything went well, but at last the officer said that he couldn't approve my GC since my name check wasn't clear, and he showed us the computer screen- FIB name check pending. He said he would mail me something when the name check is clear and he showed me the list pending too ( over 20 people on his list). he would check through weekly to see updates. So far no updates yet!

Hope we can get approved soon! Good luck to everyone here!

 

[slickcycle]

My case was approved about three weeks back but pending on backgroundcheck.

surisingly eventhough my I130 was approved I didn't get any update or even any letter. but i got my EAD card on the same day!! I am not sure i should do anything about it... making me suspicious if things are in order!

if you have gone through the same scenario or have any comments please reply.

thanks in advance

 

[jaypatel76]

Same situation for me, but i was interviewed in November'05 and FBI check still pending. Wonder if it will ever get approved, else i will have to leave on Work permits.

I got the same situation- got interviewed in September this year, everything went well, but at last the officer said that he couldn't approve my GC since my name check wasn't clear, and he showed us the computer screen- FIB name check pending. He said he would mail me something when the name check is clear and he showed me the list pending too ( over 20 people on his list). he would check through weekly to see updates. So far no updates yet!

Hope we can get approved soon! Good luck to everyone here!