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DV 2016 AOS Only

That's a BS response they gave you. NBC does not schedule the interview on behalf of the FOs. Each FO is responsible for scheduling their own interview. The Chicago Lockbox receives the AOS package, checks for completion (as in all forms signed as required, correct amount of payment enclosed, priority date, etc), scans the documents into the system following which they attach the applicable cover page to the case and forwards the package to the NBC. NBC separates the I-485 from the rest of the package (assuming the package also includes an I-765 or I-131), schedules the bio appointment and sends the I-485 form with all the supporting documents to the applicable FO, they do not wait for the background check to clear before forwarding what needs to go on to the FO - and this explains why some people have reported receiving IL even before they've gone for their bio appointment.

I don't doubt the fact that your background check is still pending and your FO is reluctant to schedule an interview without it. And it's possible that's the file they're still waiting on. Definitely not the AOS file itself.

Anyway, I suggest you wait for now for a response regarding the service requests you've raised, both personally and on your behalf. Depending on the outcome of the service request, you may need to request your congress person to initiate a follow up request on your behalf.

Hi Mom,

I keep following up with my case... still in background check... Then my question is what is background check, do we know what is happening there?

Let me know,
Cheers,
Jerome
 
Hi Mom,

I keep following up with my case... still in background check... Then my question is what is background check, do we know what is happening there?

Let me know,
Cheers,
Jerome

Please read the following post for further guidance on what the BC is all about. I know the referenced post started by talking about CP, the information there in is still applicable to AOS viz a viz what the BC involves:

http://forums.immigration.com/threads/an-open-letter-to-simon.321638/page-3#post-2352701
 
Hi Sm1smom, few days ago I went for an infopass, I told him my case is taking longer than expected. The officer said, "the background check was cleared on 17th and they are sending the file here for the interview". He added "it takes around two weeks for the file to reach here"

I asked if it was possible to expedite my process. He said "in Boston, it is first come first serve."

Today I took the liberty to call KCC, to check if Boston FO has requested file from them. They said no.

Does the FO need to have all files (Background/ AOS/ KCC ) for them to schedule interview? Should I do a congressman inquiry?
 
Hi Sm1smom, few days ago I went for an infopass, I told him my case is taking longer than expected. The officer said, "the background check was cleared on 17th and they are sending the file here for the interview". He added "it takes around two weeks for the file to reach here"

I asked if it was possible to expedite my process. He said "in Boston, it is first come first serve."

Today I took the liberty to call KCC, to check if Boston FO has requested file from them. They said no.

Does the FO need to have all files (Background/ AOS/ KCC ) for them to schedule interview? Should I do a congressman inquiry?

Each FO's decision regarding the receipt of all pertinent files prior to scheduling a petitioner's interview is independent. There's no rule in place regulating when or how the FOs may schedule an interview - they all have their own internal policy of what gets done when. Yes, you may initiate a congressional inquiry if you think your case is unusually delayed.
 
Unless you already have an approved AP card, you shouldn't leave the US until your petition actually gets adjudicated. If you leave now without an approved AP card, regardless of the fact that you've already been interviewed, your petition would be considered abandoned - unless you're currently in a L or H visa status.
Thank you very much MOm! in this case i wont leave since i do not have an approved AP card, I have another question if I travel within the US thats not a problem right?
Thanks!
 
Hi Stan
I'm sorry

Hi Stan.
I'm sorry for responding late. Well when it comes to forms we didn't fill the work authorization and advance parole. We fill all the others. the reason for that we were not planning on going anywhere before the process is done and we already have the work authorization based on asylum pending status. Those are the forms we didn't fill because of those reasons.
Thanks
Hi Speedie
thanks for the information. i was planning to file the work authorization and Advance Parole again but your updates has helped me. thanks
 
Hi,

Was practicing patience for a few months :)

FBI name checks are pending....
I filed case in Oct.
According to details from info pass, they requested FBI 27 Jan.
10 Jun according to KCC, USCIS requested my files.
28 Jun I went to 4th info pass and they answered "we actively processing your form i485 and we are aware that it's been delayed. However, USCIS records do indicate your form i485 is still pending mandatory security background checks. Once these checks are completed, your form will be adjudicated accordingly. We appreciate your patience and understanding in this matter".
When I asked - does it mean that after 1 Oct my case will be denied with FBI won't reply. They answered that it's not true and even DV case won't be denied... Which I didn't believe :)
The officer said that he will try to expedite request to FBI, which is hard to believe too.

Any ideas what to do? How to initiate the congressmen help (isn't it too late?)? Will it really help with FBI?

Thanks in advance for help.
 
Hi Mom,

It seems that it is more a little bit on USCIS side
That's a BS response they gave you. NBC does not schedule the interview on behalf of the FOs. Each FO is responsible for scheduling their own interview. The Chicago Lockbox receives the AOS package, checks for completion (as in all forms signed as required, correct amount of payment enclosed, priority date, etc), scans the documents into the system following which they attach the applicable cover page to the case and forwards the package to the NBC. NBC separates the I-485 from the rest of the package (assuming the package also includes an I-765 or I-131), schedules the bio appointment and sends the I-485 form with all the supporting documents to the applicable FO, they do not wait for the background check to clear before forwarding what needs to go on to the FO - and this explains why some people have reported receiving IL even before they've gone for their bio appointment.

I don't doubt the fact that your background check is still pending and your FO is reluctant to schedule an interview without it. And it's possible that's the file they're still waiting on. Definitely not the AOS file itself.

Anyway, I suggest you wait for now for a response regarding the service requests you've raised, both personally and on your behalf. Depending on the outcome of the service request, you may need to request your congress person to initiate a follow up request on your behalf.

It seems that it is slowly moving forward on USCIS side... Hopefully.
But but but... another constraints is appearing, my petition for my L1 is expiring in September this year therefore my company propose to extend it. However I am concerned that if I extend my L1 it will bring some confusions around the AOS I485 and USCIS might cancel my GC application.
What do you think?

Thanks a lot! :)
 
Hi,

Was practicing patience for a few months :)

FBI name checks are pending....
I filed case in Oct.
According to details from info pass, they requested FBI 27 Jan.
10 Jun according to KCC, USCIS requested my files.
28 Jun I went to 4th info pass and they answered "we actively processing your form i485 and we are aware that it's been delayed. However, USCIS records do indicate your form i485 is still pending mandatory security background checks. Once these checks are completed, your form will be adjudicated accordingly. We appreciate your patience and understanding in this matter".
When I asked - does it mean that after 1 Oct my case will be denied with FBI won't reply. They answered that it's not true and even DV case won't be denied... Which I didn't believe :)
The officer said that he will try to expedite request to FBI, which is hard to believe too.

Any ideas what to do? How to initiate the congressmen help (isn't it too late?)? Will it really help with FBI?

Thanks in advance for help.

It's so unfortunate your case has been pending this. Contrary to what the IO said, all DV cases not adjudicated by COB on Sept 30th (and not Oct 1st) by the way will stay 'as is' - there will be no approval after that date! That is something we know for sure!

The congressional inquiry may not necessarily hasten the FBI checking, it may however cause the FO to follow up on the case with the FBI to find out if there's any new update, or it may cause the FO to point out to the FBI a particular case is operating on a deadline.

There's a link on the AOS spreadsheet on how to locate your congress person.
 
Hi Mom,

It seems that it is more a little bit on USCIS side


It seems that it is slowly moving forward on USCIS side... Hopefully.
But but but... another constraints is appearing, my petition for my L1 is expiring in September this year therefore my company propose to extend it. However I am concerned that if I extend my L1 it will bring some confusions around the AOS I485 and USCIS might cancel my GC application.
What do you think?

Thanks a lot! :)

Since your FO is part of USCIS, and your FO hasn't stated the they're waiting for KCC, yes the delay is on USCIS's side :rolleyes:.

L1 visa is a dual intent visa, initiating it's renewal with a pending AOS petition shouldn't be a problem.
 
Hey @Britsimon any idea how we are doing we the visa numbers? Is it likely to run out of numbers before the year? I saw your post telling that having all the numbers current is a good point but can it cause visas to finish up sooner?
 
It's so unfortunate your case has been pending this. Contrary to what the IO said, all DV cases not adjudicated by COB on Sept 30th (and not Oct 1st) by the way will stay 'as is' - there will be no approval after that date! That is something we know for sure!

The congressional inquiry may not necessarily hasten the FBI checking, it may however cause the FO to follow up on the case with the FBI to find out if there's any new update, or it may cause the FO to point out to the FBI a particular case is operating on a deadline.

There's a link on the AOS spreadsheet on how to locate your congress person.
Hey, Mom is right, contacting the congressperson can help. At least, I know that when you contact them, they try to get a hold on your field office and it can be a push for them to request for an expedited process. I know when I asked for their help, they actually went ahead and contacted the FO. It happened to a friend of mine and the outcome was all good for her.
 
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Hey, Mom is right, contacting the congressperson can help. At least, I know that when you contact them, they try to get a hold on your field office and it can be a push for them to request for an expedited process. I know when I asked for their help, they actually went ahead and contacted the FO. It happened to a friend of mine and the outcome was all good for her.
Is it right that I would just go to the congressman representative in my area (NYC, Queens) and ask to help? Or I just gather all papers and write a letter to them?
I went throng the link on the spreadsheet but it would be really helpful if anyone could share experience how to go which papers to take...
 
Is it right that I would just go to the congressman representative in my area (NYC, Queens) and ask to help? Or I just gather all papers and write a letter to them?
I went throng the link on the spreadsheet but it would be really helpful if anyone could share experience how to go which papers to take...

Phone the congressman's office and ask to speak to the immigration liaison officer and they'll tell you what to do, I actually went through one of the Queens ones as well for assistance and they were very helpful.
 
Question: we have our EAD/AP approved one month after i485 was approved. Anything we should or should not do with EAD cards? Why USCIS even send them to us since we have our green cards already?
 
Question: we have our EAD/AP approved one month after i485 was approved. Anything we should or should not do with EAD cards? Why USCIS even send them to us since we have our green cards already?

The cards got sent because you applied for them - USCIS system isn't fully centralized, NBC process AP/EAD petitions and your FO processed your AOS petition. You were fortunate with your FO, one of the few processing AOS petitions rather quickly, that's why you got your AOS approval in less than 3 months of filing.

Anyway, those cards are no longer valid since you're now a LPR, so don't use any other of them. You just get to keep them as a souvenir I suppose.
 
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