485 approved, but still a concern

L

la_cool

Registered Users (C)
My case got approved last week , Also received approval letter ,But my wife s case is still pending i.e. still shows the old message, No change at all..

Since I m a primary applicant, I expected myself and wife case should get approved almost on the same day.

Has anyone come across this kind of situation, Guys let me know.
Please provide any necessary feedback.


RD - 12/26/01
ND- 01/14/02
EAC-0208350***
 
I'm in the same boat. I got approved 05/13/03, but my spouse's case is still pending.

Interestingly, we have the same EAC, but different NDs

Here are mine numbers:
ND 01/11/03
EAC-02-083-51xxx
 
CONGRATULATIONS

LA Cool. You dont have to woory about the dependants if you are approved. theirs will follow soon.


Enjoy!!!!!
 
spoke to IIO around 9.45

Spoke to IIO, she seems pretty nice at the start , told her about my and spouse status case .
I told her my case got aprroved but my wife case still shows the old message .

She said "Spouse should call regarding her case . Its against the law"

I also told her since I m primary aplicant , I d like to know my wife s case status more than anybody else, But she was adamant to give any info .
Then I called my wife to set up a conference , In the mean time she (IIO) hung up on me.


I was just wondering what a freaking geek waste she is ??

Problems I foresee With this there is no point talkking to any IIO , they are all bunch of jerks ..
 
la_cool:
I know how you felt when being rejected for wife's information. However, you may want to know the IIO, required by law, is not allowed to release any information to the people other than the beneficiary, even in this case you are the primary applicant (unless you are her lawyer). I called IIO one time and was only able to obtain my kid's case status. The IIO asked to talk to my wife when I requested wife's info.

I understand how angry you are, because I have been there as you are. We deserve better service, and also I believe the IIOs deserve fair treatment as the way we want to be treated.

By the way, this is my story: Both myself and My wife got approved 4 months ago, while my boy, 14, is still wating for IBIS check clearance. And my boy has been waiting for 24 months (in Nebraska/Seattle) since we submitted employment-based I485 together in 5/2001.
 
Just saw that my spouse's application has been approved today.

For some reason there was a two day delay between our approvals, although we did everything together (filing, FP...) and got all the other documents simultaneosly. I have always thought that our documents are in the same folder.

It might just be that the final security check takes longer...
 
In my case, I485 of all of my family members got approved. But my daughter's approval notice is still not received after two weeks... I called, but the line did not get through. What is the best time to call?

Thanks in advance.
 
hong long?

dear friends,

my application was approved yesterday but my wife's has not. If you had the similar expenrience, would you mind sharing with us how long it took for the secondary applicant to get the approval?

thank you.
 
lifer:
Congratulations on your approval. Your spouse's approval should follow soon, but to tell exactly how long may not be practical. The most possible reason for not being approved is the IBIS check. It might take days, weeks, or even months, depending upon whether there is a "hit" to the check, to complete. CIA needs to clear the "hit" before the check to be cleared. An example: my little kid's IBIS check didn't complete untill 4 months after I was approved. Be patient, your spouse will be just fine. Congratulations again.
 
it seems that IBIS check takes only a day or two.


IBIS Procedure:

INS performs background checks using the "IBIS" database for all types of applications and petitions, whether filed at the regional Service Centers or the local District Offices. These checks occur within 15 days of receiving the case and remain valid for 35 days. If the adjudication occurs more than 35 days after the IBIS check, a new check is required.

These timeframes can become an issue for Adjustment of Status (I-485) applications. In those cases, the Service Center sends an approval notice directing the applicant to the Local District Office for a passport stamp. If the passport stamp is done within 35 days of the last IBIS check, no additional check is needed. If a further IBIS check is needed before the passport can be stamped, it may take only a day at many of the local offices. However, if the check results in a "hit" (a match with a record on file of a person with a criminal issue or other serious problem) the case may take much longer to resolve.

Note that, since IBIS is a name check system, if one has a very common name there may be a "hit" based on the record of some other person who happens to have the same name. In the event of a hit, the local office is required to place a stamp in the passport as evidence of permanent resident status, valid for 30 days only. This stamp will provide evidence of authorization to work and will allow travel for the 30-day period. No mention was made regarding procedures if the matter is not cleared up within 30 days but, presumably, the person could obtain another stamp if needed.
 
also from

http://216.239.33.100/search?q=cache:MINxgXp1OS0J:www.gtlaw.com/practices/immigration/newsletter/archives/008/item02.htm+"IBIS+check"&hl=en&ie=UTF-8

The INS and Security

On the INS side of increased security checks, the INS recently issued a memorandum regarding the Interagency Border Inspection System (IBIS) Records Check. The memo provides guidance on how to handle IBIS checks. IBIS checks are required to be performed within fifteen calendar days of the receipt of an application or petition. However, if 35 calendar days have passed from when an IBIS check was performed, a new IBIS check must be performed before an application or petition is adjudicated and an application or petition will not be adjudicated until all hits are resolved. However, IBIS checks are not required for applicants who are under the age of 14. If there is a positive identification or hit on an IBIS check, the INS office is to first ensure that the hit actually involves the individual(s) in the application or petition. Once this is confirmed, the INS is to notify the appropriate law enforcement agency.

In cases where an IBIS check concerns aggravated felonies, at the Service Centers all hits will be forwarded to the Service Center Enforcement Operations Unit to be resolved. In some of these cases, the Office of the Regional Counsel will be involved. For District offices, they will continue to follow local office procedures for handling aggravated felony hits. If applicable, district offices will consult with the Office of the District Counsel. Overall, it has been our experience that the implementation of the IBIS checks have increased processing times across the board for all petitions and applications.
 
also from

http://www.tandslaw.com/news/2002nov15.html

The Immigration & Naturalization Service (INS) reports that processing backlogs for some filings with INS Service Centers have resulted from the mandatory IBIS security check required on all petitions and applications. The IBIS checks involves cross-referencing of an individual's name and date of birth against data maintained in the IBIS database, which includes "lookout" information submitted by a variety of federal agencies, including the National Crime Information Center (NCIC). This IBIS check is performed twice for each application or petition: first when it initially arrives at the INS Service Center, and again before the decision. Preliminary data reported by the INS indicates that fewer than four percent of all applications have resulted in a positive "hit" during the IBIS inquiry.

Currently, INS Service Centers aim to complete the IBIS security check within 15 days; however, INS is having difficulty meeting this goal because it has not received funding to hire additional staff. What has resulted is that existing INS officers are required to complete the IBIS security check procedures in addition to their usual work, resulting in a significant slow-down in adjudications. For example, at the California Service Center (CSC), H-1B petitions are most severely affected: H-1B extensions at the CSC are currently taking nearly six months; new H-1B filings are taking over four months. It appears that the CSC is attempting to adjudicate L-1 petitions within the 30 days required by INS regulation. (Because premium processing cases must be adjudicated within 15 calendar days, these cases are being prioritized at the INS Service Centers to meet the regulatory timeframes, notwithstanding the IBIS security clearances.)
 
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