I was arrested at a U.S. airport in Jan 2000. The police said I made threatening remarks so being overzealous and it being Y2K arrested me and booked me. The case never went to court and I was able to successfully seal/destroy my arrest record and obtain a statement of factual innocence. However, after 9/11 at lease some of this information about my arrest or at least my name and dob was sent to the FBI.
I applied for my I-485 in 11/2003 and answered no to the questions about arrests. According to the state law on factual innocence I was allowed to say no but as I found out in my USCIS interview on 12/2007 the USCIS is above that and I was to have answered yes. They corrected my application and I provided them the original statement of factual innocence.
I followed up subsequently and found out my case was undergoing a background check. I thought this would be resolved soon but as of today it is still undergoing a background check as I just found out via my congressman. Whether this is with the FBI or with USCIS I don't know.
I have filed a case problem report with the CIS Ombudsmen. I was thinking about filing a mandamus lawsuit but my PD is 8/27/02 EB3 India and is not current..and from what I hear the PD should be current to have a successful lawsuit.
If you have any suggestions on how to resolve this please let me know. Thanks.
I applied for my I-485 in 11/2003 and answered no to the questions about arrests. According to the state law on factual innocence I was allowed to say no but as I found out in my USCIS interview on 12/2007 the USCIS is above that and I was to have answered yes. They corrected my application and I provided them the original statement of factual innocence.
I followed up subsequently and found out my case was undergoing a background check. I thought this would be resolved soon but as of today it is still undergoing a background check as I just found out via my congressman. Whether this is with the FBI or with USCIS I don't know.
I have filed a case problem report with the CIS Ombudsmen. I was thinking about filing a mandamus lawsuit but my PD is 8/27/02 EB3 India and is not current..and from what I hear the PD should be current to have a successful lawsuit.
If you have any suggestions on how to resolve this please let me know. Thanks.