Dummy question: What is FOIPA?
- Thread starter haoyun04
- Start date
Under Freedom of Information And Privacy Act (FOIPA), every individual is entitled for a free personal name check from FBI. If you fax the form, they will get back to you in a week or two. This FOIPA process hits the same Central Record System (CRS) database, which I believe is the same for USCIS name check process. If your name comes as "no record", you will have more ammunition to ask for expedited name check as FBI states that names with no records should finish name check in 72hrs.
Here is a very good post about name checks experience written by Rahul Kumar and it has the necessary pdf forms and very good information on who to contact for different followups. This should give you wealth for information and will keep you busy for a month at least
http://www.immigrationportal.com/showthread.php?t=136848&highlight=check+approved+wife
Good luck
Here is a very good post about name checks experience written by Rahul Kumar and it has the necessary pdf forms and very good information on who to contact for different followups. This should give you wealth for information and will keep you busy for a month at least
http://www.immigrationportal.com/showthread.php?t=136848&highlight=check+approved+wife
Good luck
slt,
I understand your frustration as I have been through it.
I have sent my FOIPA results to TSC director along with
my letter explaining how its been pending since sep 2002 (EB2)
and in 3weeks I believe, I got a letter saying that they
would request expedited name checks and beleive it or not,
got the approvals 4 days after I got that letter.
Do not know if FOIPA helped or not, but its just a hope. I would rather not leave any stone unturned.
Good luck
I understand your frustration as I have been through it.
I have sent my FOIPA results to TSC director along with
my letter explaining how its been pending since sep 2002 (EB2)
and in 3weeks I believe, I got a letter saying that they
would request expedited name checks and beleive it or not,
got the approvals 4 days after I got that letter.
Do not know if FOIPA helped or not, but its just a hope. I would rather not leave any stone unturned.
Good luck
FOIPA results
Guys,
I got mine and my wifes FOIPA replies in a week. At this time I am not sure if I am stuck in namecheck or if TSC has just misplaced my file, FP or name check results. I am waiting for an email from the FBI regarding the status of our Name Checks. At this point I can think of only three scenarios -
1. Name check is complete and the TSC is holding up the process because of some other problem. This is the best case scenario. If this is the case then I will write letters to the Congressman to put pressure on TSC.
2. Name check request has been made by TSC but has not been completed. If this is the case then I will write to the FBI regarding the delay. I will use the FOIPA results as leverage in this case.
3. Name check request was never made by TSC. This is the worst case scenario and entirely possible. If this is the case then I will have to go on overdrive and try to get Congressman, Senators, Ombudsman office and AILA involved.
Because of my experience with the TSC, I try to think of all possibilities and ways in which to tackle them. I hope my worst nightmares about this name check process do not come true.
regards,
saras
Guys,
I got mine and my wifes FOIPA replies in a week. At this time I am not sure if I am stuck in namecheck or if TSC has just misplaced my file, FP or name check results. I am waiting for an email from the FBI regarding the status of our Name Checks. At this point I can think of only three scenarios -
1. Name check is complete and the TSC is holding up the process because of some other problem. This is the best case scenario. If this is the case then I will write letters to the Congressman to put pressure on TSC.
2. Name check request has been made by TSC but has not been completed. If this is the case then I will write to the FBI regarding the delay. I will use the FOIPA results as leverage in this case.
3. Name check request was never made by TSC. This is the worst case scenario and entirely possible. If this is the case then I will have to go on overdrive and try to get Congressman, Senators, Ombudsman office and AILA involved.
Because of my experience with the TSC, I try to think of all possibilities and ways in which to tackle them. I hope my worst nightmares about this name check process do not come true.
regards,
saras
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My congressman was able to get in touch with FBI congressional liason to find out that my name check is indeed pending in the queue. It takes only upto 3wks to a month for the reply from FBI to congressman.
So, this way, you can be sure whether it is really pending name check.
Good luck.
So, this way, you can be sure whether it is really pending name check.
Good luck.
Thanks
kris_t100,
Thanks for the reply. I will write a letter to my Congressman and see if they can get a quick reply from the FBI. The only problem I have is that my case is still not past the published processing dates. The TSC will be very quick to use this excuse in my case. I fully expect them to state that they are currently processing August 03 and mine was filed in March 04. Anyway, the FBI should not care about this.
regards,
saras
kris_t100,
Thanks for the reply. I will write a letter to my Congressman and see if they can get a quick reply from the FBI. The only problem I have is that my case is still not past the published processing dates. The TSC will be very quick to use this excuse in my case. I fully expect them to state that they are currently processing August 03 and mine was filed in March 04. Anyway, the FBI should not care about this.
regards,
saras
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You may not want to go to congressman until you make sure that its pending name checks. The easiest way is to call TSC and choose the option "separated family applications" to talk to TSC agent directly and ask the agent if the name check is pending and if so, since when.
Since your application date is much after the current processing date, you will not have any sympathy from any departmant authorities including your congressman.
Opportunity to escalate the situation thru congressman and writing/communicating directly to directors of departments at TSC, FBI should be used intelligently and only in case of known problems/delays. Otherwise, there is a danger of missing the opportunity you might get legitably.
In my case, I knew from the bginning (Sep 2002) , that my case got wrongfully approved right away. But I had to suck it up until Dec 2004 as thats when the processing date crossed my application date. I tried numerous times and they turned it down bcos of the processing date.
My only advise is to be careful when escalting any issue. Once they use the processing date timing on you, you might not be in there good looks.
Good luck
Since your application date is much after the current processing date, you will not have any sympathy from any departmant authorities including your congressman.
Opportunity to escalate the situation thru congressman and writing/communicating directly to directors of departments at TSC, FBI should be used intelligently and only in case of known problems/delays. Otherwise, there is a danger of missing the opportunity you might get legitably.
In my case, I knew from the bginning (Sep 2002) , that my case got wrongfully approved right away. But I had to suck it up until Dec 2004 as thats when the processing date crossed my application date. I tried numerous times and they turned it down bcos of the processing date.
My only advise is to be careful when escalting any issue. Once they use the processing date timing on you, you might not be in there good looks.
Good luck
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Its a catch 22
kris_t100,
I totally agree with you. Currently the odds are are stacked against me and hence I am not pushing the issue. I am waiting on the email from the FBI. I should get it by the end of the year and maybe by then the dates may have moved beyond my filing date. By that time either the case would have been approved or I would have found out the cause of the problem. There are however several problems plaguing my case. Here is a list -
1. The case was transferred to the wrong local office and then supposedly taken back by TSC. There is no written confirmation of this. My online status still states that the case is in Miami. I am a resident of Atlanta.
2. My 2nd EADs have been transferred to the wrong office, taken back by TSC and then approved.
3. APs for myself and my wife have been pending for over 7 months and I have just received a letter from the TSC that they have lost my wifes AP. They have nothing to say about my AP application.
4. There was an RFE on my wifes case four months ago and we replied within a week. This RFE came from TSC so I know that my wifes case is defenitely in TSC. There has been no update on her case since then.
Considering all of the above, I am not sure what exactly I should do. The TSC has defenitely not treated me fairly yet I have to shut up till they actually move past my dates. So basically I have to wait till they officially cross my dates to even figure out if they have actually lost my 485 application? The officers on the phone are not repliable. I have tried 5 different times and have gotten 5 different answers. I am not sure what to believe. This is truly a very frustating experience.
I will hold of on the local Congressman but do intend on sending letters to the Ombudsmans office regarding all of the above problems. This I think is fair.
regards,
saras
kris_t100,
I totally agree with you. Currently the odds are are stacked against me and hence I am not pushing the issue. I am waiting on the email from the FBI. I should get it by the end of the year and maybe by then the dates may have moved beyond my filing date. By that time either the case would have been approved or I would have found out the cause of the problem. There are however several problems plaguing my case. Here is a list -
1. The case was transferred to the wrong local office and then supposedly taken back by TSC. There is no written confirmation of this. My online status still states that the case is in Miami. I am a resident of Atlanta.
2. My 2nd EADs have been transferred to the wrong office, taken back by TSC and then approved.
3. APs for myself and my wife have been pending for over 7 months and I have just received a letter from the TSC that they have lost my wifes AP. They have nothing to say about my AP application.
4. There was an RFE on my wifes case four months ago and we replied within a week. This RFE came from TSC so I know that my wifes case is defenitely in TSC. There has been no update on her case since then.
Considering all of the above, I am not sure what exactly I should do. The TSC has defenitely not treated me fairly yet I have to shut up till they actually move past my dates. So basically I have to wait till they officially cross my dates to even figure out if they have actually lost my 485 application? The officers on the phone are not repliable. I have tried 5 different times and have gotten 5 different answers. I am not sure what to believe. This is truly a very frustating experience.
I will hold of on the local Congressman but do intend on sending letters to the Ombudsmans office regarding all of the above problems. This I think is fair.
regards,
saras
sorry to see you going through the problems. This very much reminds my journey for the last 1 year. Had no clue what was wrong with the case and calling TSC 1-800# did not help. I believe that you should contact the congressman and also write letters to Ombudsman and TSC director to put the applications back in order, which would sound very fair and you will definitely have grounds to fight for.
Good luck.
Good luck.
Da_BorderKid
Registered Users (C)
I do not understand why we have to be carefull when we contact a POLITICAL HEAD, to push some issue with USCIS, they are there to serve us. I guess that TSC gets mad when some of this guys calls them, but what option do we have.....
I have pushed this issue here yesterday and POJ was kind to point out the fact that TSC goes like a raving loony sending letters not to contact POLITICIANS.
I decided to take the risk and contacted 2 Senators and 2 Congressman. With the added plus that I am Hispanic and the Senators and Congressman that I contacted are Hispanic too, and let me tell you that they promptly replied to my mails and letters (letters were sent IN SPANISH).
I hope that my fellow Hispanics working at TSC at Mesquite, TX. (70% Hispanic population) do not take it on me and send me south of RIO GRANDE.
Do not be afraid of anything, this is a free country.
I have pushed this issue here yesterday and POJ was kind to point out the fact that TSC goes like a raving loony sending letters not to contact POLITICIANS.
I decided to take the risk and contacted 2 Senators and 2 Congressman. With the added plus that I am Hispanic and the Senators and Congressman that I contacted are Hispanic too, and let me tell you that they promptly replied to my mails and letters (letters were sent IN SPANISH).
I hope that my fellow Hispanics working at TSC at Mesquite, TX. (70% Hispanic population) do not take it on me and send me south of RIO GRANDE.
Do not be afraid of anything, this is a free country.
rajmandude
Registered Users (C)
If your Name check comes back and your FP is about to expire and the 485 is still not approved... does your name check start all over again???
Got FOIPA result, then what?
Thanks for kris_t100's and others' suggestion, I sent my FOIPA request, and I got the result (which indicates no match was found in FBI database).
My next question then is:
My PD is 7/2003, and I-485 RD is round Feb 2004. my name check was stuck since March 2004. Though the name check has been stuck so long, my I--485 and pd is not current. Can I enquiry this through congressmen or senator or I'd better to go through TSC office?
Any suggestion will be helpful.
Thanks for kris_t100's and others' suggestion, I sent my FOIPA request, and I got the result (which indicates no match was found in FBI database).
My next question then is:
My PD is 7/2003, and I-485 RD is round Feb 2004. my name check was stuck since March 2004. Though the name check has been stuck so long, my I--485 and pd is not current. Can I enquiry this through congressmen or senator or I'd better to go through TSC office?
Any suggestion will be helpful.