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For all those with back ground check pending for more than 180 days

Discussion in 'General I-485 and Related Issues' started by Al_aos, Feb 20, 2008.

  1. Al_aos

    Al_aos Registered Users (C)

    Last edited by a moderator: Feb 20, 2008
  2. randy_gc

    randy_gc Registered Users (C)

    Could you please check the link again, I am getting error message ...


    404 - Requested Page Not Found on Site

    The page you requested, http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf, is not on our site.

    It may have been available before our redesign in October 2006.

    Please look for related information on the USCIS Home Page.

    Sorry for any inconvenience.
  3. Al_aos

    Al_aos Registered Users (C)

    I clicked on the link and it works fine.
    Try it again after clearing your cache
  4. CaliforniaDream

    CaliforniaDream Registered Users (C)

    Someone in trackitt quote the document.


    Q5. How many applications for lawful permanent residence are affected by this policy change?
    A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

    Q5. Does this policy change affect naturalization applications?
    A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400)


    I hope this help.
  5. jefkorn

    jefkorn Registered Users (C)

    Forum truncates the hyper links so just copying the link with "...." and pasting that in browser's URL box will not work but if you click on the link it will.
    The complete URL is:
    "http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf"

    Of course remove the double quotes when copying the URL to paste in browser.
  6. nelsona

    nelsona Registered Users (C)

    Last edited by a moderator: Feb 20, 2008
  7. susomething

    susomething Registered Users (C)

    Thanks nelsona for providing the link from aila. Obviously, uscis has removed or moved the file from its original location.
  8. Al_aos

    Al_aos Registered Users (C)

    Below is the extract Page 1

    Questions & Answers
    February 20, 2008
    FBI Name Check
    Q1. How has USCIS changed its national security reporting and adjudication requirements?
    A1. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.
    Q2. Why is this policy being implemented?
    A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
    Q3. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.
    Q4. What applications are affected by this policy change?
    A4. Applications included in this policy are:

    I-485, Application to Register Permanent Residence or Adjust Status;

    I-601, Application for Waiver of Ground of Inadmissibility;

    I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and

    I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
  9. Al_aos

    Al_aos Registered Users (C)

    Page 2

    Q5. How many applications for lawful permanent residence are affected by this policy change?
    A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
    Q5. Does this policy change affect naturalization applications?
    A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    Q6. How long will it take for USCIS to work through these cases affected by the policy change?
    A6. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases. Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge? A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy? A8. No. Q9. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy? A9. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.
    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired? A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.
  10. nj_skm

    nj_skm Registered Users (C)

    What is Trackkit?
  11. whatsupwithgc

    whatsupwithgc Registered Users (C)

    It is a immigration website

    trackitt is a immigration website.
  12. mihirrajul

    mihirrajul Registered Users (C)

    this is a very good information.
    Can some one add more on it...... re. those files (I 485 ) pending for more than 180 days & coild have been processded and were issued Green Cards ( remember June 07 bulletin where EB2 was current ) are assigned with VISA NUMBERS or they need not to wait more till New Visa`s available probably till next October 2008 or otherwise.
  13. jefkorn

    jefkorn Registered Users (C)

    AILA Update on USCIS FAQ Name Check Policy

    See the latest update:
    "
    February 21, 2008

    USCIS HQ has informed AILA Liaison that the February 19, 2008
    Questions and Answers on its FBI name check policy have been
    withdrawn from the USCIS website for revision. An update of the Q
    & As is expected within a few days.

    "
    Source: http://www.aila.org/content/default.aspx?docid=24696

    File is also attached just in case ;-)
    Last edited by a moderator: Feb 21, 2008
  14. Al_aos

    Al_aos Registered Users (C)

    USCIS says Oops...........
    Moved too fast. I bet they are coming up with another date or a clause
    "If Visa numbers are available." which can taken care off by USCIS in a jiffy by retrogressing the dates.
    Typical very Typical of USCIS
  15. whatsupwithgc

    whatsupwithgc Registered Users (C)

    USCIS: As usual

    According to USCIS, In a few days the whole mess was supposed to be over
    (First version of QA)
    Question: How many applications for lawful permanent residence are affected by this policy change?
    Part of the answer on the first version: "USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008"
  16. HERNESTO

    HERNESTO Registered Users (C)

    I filed mine I-485 June 11 2007 so based on the memo from feb. 20.2008 Ishould get the GC mid march.My PD is October 2003 and my Name check is pending form more that 180 days, I did FP July 14, 2007. I'm from Spain so lets see, otherwise they 're saying you have to call the number and ask what's up with your GC? Right?
  17. HERNESTO

    HERNESTO Registered Users (C)

    I'm RIR / EB3 so my PD is curent according March visa bulletin Jan. 1 2005
  18. nj_skm

    nj_skm Registered Users (C)

    Don't believe everything they say, especially when it's the USCIS! :p
  19. StonedAnt

    StonedAnt Registered Users (C)

    How did you find out that your name check is pending? I have called the USCIS a couple of times, and they said they cannot provide any information for now as the Texas Service Center is processing requests prior to mine.


    Thanks,

    Stoned!

    EB3 ROW, PD Nov 2002, I-485 received May 29, 2007.
  20. HERNESTO

    HERNESTO Registered Users (C)

    Frodo faild, USCIS has the ring )))))))))))

    Dude, you start counting from your FP date the 180.I don't know if my name check is pending or is done.Just reading the memo it appears to me that thats the thing.

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