Hello Everyone,
I am a new member to this forum. I am watching this forum since last 5 years. I am one of the victims of Name Check/Security Check process. EB2, INDIA. My GC story started in January, 2000. That time, I was working with a consulting company. Labor was approved in 20 days. Filed I-140. Done with that in 4 and ½ months. About to file I-485. Job market was going down. People were desperate in job search. Client was terminating contractors. Client hired me as full-time (this was the only lucky part). Up to this point everything fast paced.
From here onwards my struggle started with DOL and INS/FBI. My new GC process started in January, 2002 again from scratch. Got query from State DOL asking for recruitment efforts after one year wait. Employer answered. Then State DOL forwarded to San Francisco DOL. San Francisco DOL approved my case in August, 2004. To file my application with INS it took 4 and ½ months. It happened in December 28, 2004. Completed FP on February 1, 2005. INS received the results after one week. Process resumed. I-140 approved by end of May, 2005. Send RFE on I-485 asking for Birth Certificates and other things. I provided them. They are happy. In July, 2005 I requested I-485 status. They replied with “FBI Name check pending” status. My attorney asked to expedite the process because of retrogression. After one month they replied with “application didn’t meet expedite guidelines”. In the meantime, retrogression happened. Waited. Asked again my I-485 status in end of February, 2006. INS replied again with “FBI Name check pending” status. Got frustrated. Contacted local congressman. Got the same reply back after few weeks. Send FOIPA request to FBI by fax. They replied asking to wet sign the form. Did it and send the request back again. While doing this, I send a request to Senator asking to help me with FBI/INS. I never got reply from them. After my priority date became current on April 1, 2006, my attorney sent a request asking to approve the case. They replied with the same “FBI Name check pending” status. After 1 and ½ month got reply from FBI last week saying that they didn’t find any records (“no records found in central records system”) with my name.
After this entire story I am confused with FBI name check process and INS I-485 process. Any suggestions on further steps I need to take care of?
Category: EB2, INDIA
Service Center: California
Priority date: January 31, 2002
I-485 RD: December 28, 2004
I-485 ND: January 5, 2005
RFE response received by CSC: June 24, 2005
Recent Inquiry: 4/4/2006 (attorney sent request)
4/17/2006 (attorney got response)
4/22/2006 (observed LUD)
FBI response to my FOIPA request: Dated on April 27, 2006
Received on May 1, 2006 by snail mail