Attached is the Complaint we have filed
- Thread starter Rajiv S. Khanna
- Start date
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Question regarding FBI inquiries
USCIS or BCIS whatever they are called are really behaving weird. Other than a birth certificate what proof can one have to prove that his parents are indeed the one he claims to be.
Can somebody help me understand what are the different checks BCIS does and gets information from FBI. My application is an EB2 application that is pending in CSC since March 2001. I and my wife have been fingerprinted twice and when my lawyer inquires the status, SF INS asked me to be patient till they receive the report from the FBI. I was last fingerprinted in July 2002 and my wife was last fingerprinted in July 2003. FBI mentioned that they sent my wife's fingerprinting report to the CSC when our fingerprinting notice was sent from SF. SF INS says that they are awaiting results from the FBI on my case (this would be the case provided the officer who replied to the email uses proper grammar. I could almost doubt anything when it comes to INS). Has anybody encountered similar situation or can somebody please help me understand.
Also once the case is transferred to a local INS office, is there a fax # where you could send fax inquiries? I am not sure if sending fax inquiries to the CSC would help since the case is not being adjudicated there.
Any help in this regards will be very much appreciated.
Thanks
Paras
USCIS or BCIS whatever they are called are really behaving weird. Other than a birth certificate what proof can one have to prove that his parents are indeed the one he claims to be.
Can somebody help me understand what are the different checks BCIS does and gets information from FBI. My application is an EB2 application that is pending in CSC since March 2001. I and my wife have been fingerprinted twice and when my lawyer inquires the status, SF INS asked me to be patient till they receive the report from the FBI. I was last fingerprinted in July 2002 and my wife was last fingerprinted in July 2003. FBI mentioned that they sent my wife's fingerprinting report to the CSC when our fingerprinting notice was sent from SF. SF INS says that they are awaiting results from the FBI on my case (this would be the case provided the officer who replied to the email uses proper grammar. I could almost doubt anything when it comes to INS). Has anybody encountered similar situation or can somebody please help me understand.
Also once the case is transferred to a local INS office, is there a fax # where you could send fax inquiries? I am not sure if sending fax inquiries to the CSC would help since the case is not being adjudicated there.
Any help in this regards will be very much appreciated.
Thanks
Paras
The will respond
Or ask for some more time.
Or ask for some more time.
Guys, keep the converstaion on topic
I will be deleting all irrelevant discussions in 2-3 days. Move them to the 485 forums please.
I will be deleting all irrelevant discussions in 2-3 days. Move them to the 485 forums please.
Thank you very much - inconsistent allocation
Thank you very much Mr. Khanna. Hope this brings about some sane procedures within uscis.
As a vermont filer i notice that there are still pending cases in 2001 (mine included) in spite having finished and provided all documents including rfes (pending response for over 6 months)
At the same time approvals are taking place for oct , nov 2002 cases. While it is good that there are cases getting approved in those months for 2002 , it does not make sense why iio's cannot be alloted to look into long pending cases.
In addittion we just have to wait and suffer further to receive responses for our 3rd eads and AP filings, having to terminate work because our current ead has expired. This is inhuman.
Thank you very much Mr. Khanna. Hope this brings about some sane procedures within uscis.
As a vermont filer i notice that there are still pending cases in 2001 (mine included) in spite having finished and provided all documents including rfes (pending response for over 6 months)
At the same time approvals are taking place for oct , nov 2002 cases. While it is good that there are cases getting approved in those months for 2002 , it does not make sense why iio's cannot be alloted to look into long pending cases.
In addittion we just have to wait and suffer further to receive responses for our 3rd eads and AP filings, having to terminate work because our current ead has expired. This is inhuman.
bhadrinath
Registered Users (C)
does this lawsuit affect LC cases pending in SWA ?
Hello,
I am new to this forum and wanted to know if the lawsuit
filed by Mr Khanna also covers cases pending at SWA office
in San Francisco ?
My case was remanded back from Regional
DOL office to SWA office after my employer got a 3 option
letter. My employer chose to remand it. So, does the recent
Carlson memo from DOL address such employer chosen
remand cases also, or does it cover only auto-remand
cases ? if no, then thats unfair to people like me and we should
do something about it....I feel helpless :-(
thanx in advance for any help on these questions.
Hello,
I am new to this forum and wanted to know if the lawsuit
filed by Mr Khanna also covers cases pending at SWA office
in San Francisco ?
My case was remanded back from Regional
DOL office to SWA office after my employer got a 3 option
letter. My employer chose to remand it. So, does the recent
Carlson memo from DOL address such employer chosen
remand cases also, or does it cover only auto-remand
cases ? if no, then thats unfair to people like me and we should
do something about it....I feel helpless :-(
thanx in advance for any help on these questions.
Last edited by a moderator:
FBI Checks
Mr Rajiv,
I can't understand how BCIS can delays our cases because of Background checks.
If BCIS takes 9 to 12 months for background check how they are supposed to stop or identify a terrorist from entering US. May be you can make this as an argument in the case. May be we can ask for some tranparency to the process of I485. Like what reasons they don't send 2nd FPs etc.
Our Hopes are on this lawsuite, I hope we get something out of it.
Every argument BCIS states regardig delays is somewhat about background checks and if Lawsuite goes to court I guess that is what they will try to use for justification.
If we are paying money to USCIS to process our case why can't they make a decision? We are not asking for approval.
Mr Rajiv,
I can't understand how BCIS can delays our cases because of Background checks.
If BCIS takes 9 to 12 months for background check how they are supposed to stop or identify a terrorist from entering US. May be you can make this as an argument in the case. May be we can ask for some tranparency to the process of I485. Like what reasons they don't send 2nd FPs etc.
Our Hopes are on this lawsuite, I hope we get something out of it.
Every argument BCIS states regardig delays is somewhat about background checks and if Lawsuite goes to court I guess that is what they will try to use for justification.
If we are paying money to USCIS to process our case why can't they make a decision? We are not asking for approval.
Re: FBI Checks
Noted.
Noted.
lawaiter02
Registered Users (C)
what happens if?
Mr. Khanna,
Thanks for the efforts.
I have a procedural question - What happens if BCIS approves/denies all the petitioners who filed and then claim that the arguments in the lawsuit are moot as they have been served...? Do we need to bring in a fresh batch of adjustees and substitute?
thanks
Mr. Khanna,
Thanks for the efforts.
I have a procedural question - What happens if BCIS approves/denies all the petitioners who filed and then claim that the arguments in the lawsuit are moot as they have been served...? Do we need to bring in a fresh batch of adjustees and substitute?
thanks
Re: what happens if?
We had already anticipated that. Two of the plaintiffs have just filed their 485. Also, if a problem remains unaddressed, courts will not dismiss a claim ("capable of repitition yet evading review" exception to mootness).
Good question!
We had already anticipated that. Two of the plaintiffs have just filed their 485. Also, if a problem remains unaddressed, courts will not dismiss a claim ("capable of repitition yet evading review" exception to mootness).
Good question!
Mr. Rajiv,
Thanks for your support. I don't think USCIS can make claims about security being the cause of 485 delays. I did a sample comparison of 485 processing times at the district level and service center level for Texas from the USCIS own posted times:
TSC EB 485: April 2001
Houston, TX 485: Jun 2002
Dallas, TX 485: September 2002
San Antonio, TX : June 2003
If security were an issue, then it should be so for family based applications as well. In my opinion, this is nothing more than rank discrimination and injustice on the part of USCIS toward employment based applicants. Apparently they are thinking we (EB guys) are all cowering in the corner while all the others are shouting so their cases must be processed first. It seems that its an anybody but EB485 policy at USCIS
Thanks for your support. I don't think USCIS can make claims about security being the cause of 485 delays. I did a sample comparison of 485 processing times at the district level and service center level for Texas from the USCIS own posted times:
TSC EB 485: April 2001
Houston, TX 485: Jun 2002
Dallas, TX 485: September 2002
San Antonio, TX : June 2003
If security were an issue, then it should be so for family based applications as well. In my opinion, this is nothing more than rank discrimination and injustice on the part of USCIS toward employment based applicants. Apparently they are thinking we (EB guys) are all cowering in the corner while all the others are shouting so their cases must be processed first. It seems that its an anybody but EB485 policy at USCIS
Originally posted by Groan
Mr. Rajiv,
Thanks for your support. I don't think USCIS can make claims about security being the cause of 485 delays. I did a sample comparison of 485 processing times at the district level and service center level for Texas from the USCIS own posted times:
TSC EB 485: April 2001
Houston, TX 485: Jun 2002
Dallas, TX 485: September 2002
San Antonio, TX : June 2003
If security were an issue, then it should be so for family based applications as well. In my opinion, this is nothing more than rank discrimination and injustice on the part of USCIS toward employment based applicants. Apparently they are thinking we (EB guys) are all cowering in the corner while all the others are shouting so their cases must be processed first. It seems that its an anybody but EB485 policy at USCIS
Right now, we are just guessing at the govt's possible response. Let us wait and see what they say first. Then we can regroup and decide on what to do.
lawsuit
i want to join the lawsuit ,
been five years filing ,still getting the run around.
my wife was born a us citi , im from england
and our four month baby girl was born here in TN .
immigration wanted to deport me 23 dec
judge called them the black hole and a joke
he wished he could help, but could not help me cause i came over on a visa waiver and not a visa
its about time people stood up to these people
i wish they did there job as quick as they took my money
what can and should i do
thanks
Steve
i want to join the lawsuit ,
been five years filing ,still getting the run around.
my wife was born a us citi , im from england
and our four month baby girl was born here in TN .
immigration wanted to deport me 23 dec
judge called them the black hole and a joke
he wished he could help, but could not help me cause i came over on a visa waiver and not a visa
its about time people stood up to these people
i wish they did there job as quick as they took my money
what can and should i do
thanks
Steve
Re: lawsuit
Steve, I have responded to your email. This lawsuit addresses only employment based applications.
Steve, I have responded to your email. This lawsuit addresses only employment based applications.
reach_honey
Registered Users (C)
How about
Mr. Khanna,
Can we do some thing about renewals of EAD and AP's.?
As even for renewal it takes the same time as you do first time.
So then what does it means if you have to wait every now and then for same thing. Atleast they should hae some procedure that if its renewal then you can get within 30 days or something like that.
Do they everytime do some security check and waste our time.
So that means they just want out money thats it.
Mr. Khanna,
Can we do some thing about renewals of EAD and AP's.?
As even for renewal it takes the same time as you do first time.
So then what does it means if you have to wait every now and then for same thing. Atleast they should hae some procedure that if its renewal then you can get within 30 days or something like that.
Do they everytime do some security check and waste our time.
So that means they just want out money thats it.
Will do, V.
Re: How about
We intend to. Hang tight folks.
We intend to. Hang tight folks.
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