My service response says: "The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open".
Speaking about possible resons for delay, DHS says there are four major...
A couple of days ago, I spoke to my friend, who works for FBI (not in the namecheck program). Well, there is no good news. Basically:
- they all know than namecheck program is really inefficient
- namecheck program is understaffed
- namecheck program employs very incompetent people
-...
I received the response via USPS mail at my home address. There was no email. LUD last changed after the fingerprinting in mid-August. That LUD looks really pathetic, just like their whole system :rolleyes:
I received a written response to my service request. It took them 10 days to reply (from the day I called them to the day I received a letter). Of course, the delay is due to the pending background check... now pending for 8 months. They advise to check back again in 6 months.........
You cannot force USCIS to make a decision, because they're mandated by law to wait for FBI clearance. But you can force FBI to complete the namecheck. Courts consider 2 years of wait as a somewhat unreasonable delay. So, read this email thread, and get started...
USCIS has changed look-n-feel of their "Case Status Online". So far, it seems to provide exact same information as before. I wish they've spent time on something more useful...
Note that the old link is now broken: https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska...
WOM *IS* still an option.
In fact, when people have sued USCIS previously, and did not mention FBI as a plaintiff, some cases got denied, because a judge cannot grant WOM against USCIS when background check is pending. Forcing USCIS to adjudicate the application while security checks are not...
Actually, I'm satisfied with the list as long as both USCIS and FBI are on that list. I was trying to clarify some legal matters here and Pz has given a very nice explanation. However, from the legal perspective, I did no agree with that specific contract-based explanation suggested by...
>> A owe you money, you sue A as defendent, but A said B owe he money, if B return money to him, he will give it back to you. You can sue them both.
This is not correct. Basically, if I have a contract with you, I cannot enforce your contract with someone else (unless it's a delegation of the...
What delay is unreasonable?
I was reading some cases and posts here, but could not find a clear observation on what is considered an "unreasonable delay", where an agency has the duty to act. It's kind of clear to me that while FBI namecheck is pending, USCIS has no duty to act, as doing so...
2 years is a reasonable delay?
Just wanted to share an interesting case details, where 2 years spent on FBI namecheck is not considered unacceptable...
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... we take guidance from Judge Ellis in the Eastern District of Virginia who addressed an FBI--related delay in Danilov, the...
You can file a service request by calling USCIS once their official processing date will be more than 30 days after your ND. They're supposed to look for your case and give a written answer. I think one of the purposes of this procedure is to find cases, which fell behind the shelf, or got...
With I-485 pending for 6 months, WOM is not an option. Plan to file a WOM when your application is at least 1.5 years old. WOM requires you to demonstrate that the agency "should have done" their job by this time. So, get some patience, and start preparing for a WOM. Reading the following thread...
Congratulations!
I hope that they're processing a bunch of cases, whose namechecks were stuck for 7 months (assuming it's not country-based). I saw another approval recently for middle of May, which somehow makes me hope that we should see more May's approvals soon...
You can easily guess random account numbers for any given notice date. After that all you have to do is watch how the status changes from week to week. You would need to run such a service for a while before statistics will become meaningful.
Did anyone research legality of such an automated...
Although ASC can see your case number, they do not open details screens when taking fingerprints. They may not have access to details at all. However, **try** asking them, it will be very interesting to know how much info their screens would show once/if you convince them to open those details.
>> The last option, as difficlut as is for the plaintiff, it is difficult for them also
I do not agree... Initially, it will be difficult for them, but as the time goes, there will be a body of common law accumulated around these cases in each of the district courts. Once they have...
I just noticed "Replacement of lost Employment Authorization Document" checkbox on I-765. Try exploring that option. Do some reading to make sure you send them the right documents. You may want to start here: http://www.immihelp.com/immigration/employment-authorization-document.html . The bad...
USCIS Call Center experience
Today I called their call center and I have to say --- their system is _totally_ pathetic. The only good part was that I knew which numbers to press and did not have to listen to their lengthy messages (which probably have "force people to hang up" as their main...
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