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DV 2017 AOS Only

costacosta said:
Who does the background check? I talked to FBI and they said the clear it in 48 hours. It seems USCIS is checking something else, correct?
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The background check starts with the FBI.

The response from whoever the FBI person you spoke with is not quite accurate. It doesn't always clear in 48 hours. If your background check is subject to a hit, it will take much more longer like what you're facing. I've made quite a couple of posts regarding background checks in the past, you can use the search button to find them - I believe one or two other people equally have some detailed posts on this also. And here's a link to one of those old posts (it was addressed to a member processing CP back then, the information is still applicable to AOS though):
http://forums.immigration.com/threads/an-open-letter-to-simon.321638/page-3#post-2352701
 
costacosta said:
And my case is still at NBC not in the FO.
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I very much doubt that. NBC does not wait until the background check clears up before forwarding AOS case files to the applicable FO. We have several reports of people who completed the interview but couldn't get approved because the background checks haven't cleared as in the case of @MGHope above. Those people wouldn't have had their interview if NBC was still holding on to their AOS case files as claimed by your FO.

Some FOs sometimes make that claim because they are trying to present a 'reasonable' excuse for not scheduling the interview and do not want petitioners to keep bothering. You should ask yourself, how are they able to tell your case file falls within their jurisdiction if they're yet to receive it?
 
Sm1smom said:
I very much doubt that. NBC does not wait until the background check clears up before forwarding AOS case files to the applicable FO. We have several reports of people who completed the interview but couldn't get approved because the background checks haven't cleared as in the case of @MGHope above. Those people wouldn't have had their interview if NBC was still holding on to their AOS case files as claimed by your FO.

Some FOs sometimes make that claim because they are trying to present a 'reasonable' excuse for not scheduling the interview and do not want petitioners to keep bothering. You should ask yourself, how are they able to tell your case file falls within their jurisdiction if they're yet to receive it?
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So do you think my case is already at FO and they`re waiting FBI to clear the background check? When I check on the phone USCIS rep say that the case is at NBC. Besides I talked to the supervisor at INFOPASS and she also confirmed that the case is at NBC and the background check is not cleared yet and she also mentioned that different types of background checked are being done. She also mentioned that they know that everything should be done by the end of the fiscal year and the will do everything to get done with the case. I left the expedite request letter with her and she told me she`ll escalate it to the manager who will take the final decision.
 
costacosta said:
So do you think my case is already at FO and they`re waiting FBI to clear the background check? When I check on the phone USCIS rep say that the case is at NBC. Besides I talked to the supervisor at INFOPASS and she also confirmed that the case is at NBC and the background check is not cleared yet and she also mentioned that different types of background checked are being done. She also mentioned that they know that everything should be done by the end of the fiscal year and the will do everything to get done with the case. I left the expedite request letter with her and she told me she`ll escalate it to the manager who will take the final decision.
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I thought I pretty much explained what "I think" in my previous post which you quoted above :rolleyes:
 
Sm1smom said:
The sunset provision is one of the reasons used to request a case expedite, and you already requested a case expedite. There is no law in place that says a case must be expedited once the expedite request is put in or accepted.

Unfortunately, not much can be done if your background check is pending. There's a large number of none DV based AOS cases stuck on background check for years. However for DV based AOS petitions, USCIS, at there discretion will reach out to the FBI, but there's no guarantee as to the outcome.

You just have to keep following up on the case, I recommend as many INFOPASS appointments as possible going forward at this point in time.
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Thanks Mom for your immediate response!
I am going to an InfoPass in the next few days! BTW, do you think that contacting a Congressman/Congresswoman can help expediting the FBI name check?
 
The other thing that I need your advice on is my student status, I'm currently working for a company on CPT that will be valid till January end. My question is about a possible plan B if DV AOS wouldn't be approved by September late. My assumption is that applying for OPT after September will be rejected by USCIS since I have shown my immigration intention, is that right? Do you have any suggestion for me about what I can do just in case?
 
costacosta said:
Sorry asking you too many questions. Do you think I`ll be able to get my case resolved? What is the experience?
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I don't know why your background check is yet to clear, I don't know if you're from one of Trump's banned countries, I don't know what your initial background check revealed, so I unfortunately can't give you the reassurance you're seeking.

However if you want to know what the experience has been like for selectees in similar situations in the past, you can read of their first hand accounts on past AOS threads in this forum. The last couple of pages should help.
 
MGHope said:
Thanks Mom for your immediate response!
I am going to an InfoPass in the next few days! BTW, do you think that contacting a Congressman/Congresswoman can help expediting the FBI name check?
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Not necessarily. Your congress person will not contact the FBI, they will follow up with your FO to find out what is responsible for the delay you're experiencing. Your FO may subsequently follow up with the FBI for a status update after that.
 
MGHope said:
The other thing that I need your advice on is my student status, I'm currently working for a company on CPT that will be valid till January end. My question is about a possible plan B if DV AOS wouldn't be approved by September late. My assumption is that applying for OPT after September will be rejected by USCIS since I have shown my immigration intention, is that right? Do you have any suggestion for me about what I can do just in case?
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Sorry my guidance here is limited to the DV process.
 
Sm1smom said:
I don't know why your background check is yet to clear, I don't know if you're from one of Trump's banned countries, I don't know what your initial background check revealed, so I unfortunately can't give you the reassurance you're seeking.

However if you want to know what the experience has been like for selectees in similar situations in the past, you can read of their first hand accounts on past AOS threads in this forum. The last couple of pages should help.
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I`m from Europe and I do not have any connections to banned countries. Never had any problems in my entire life concerning criminal activities. Recently I even went through post adjudication process by the field office. Idk, could it be a problem?
 
costacosta said:
I`m from Europe and I do not have any connections to banned countries. Never had any problems in my entire life concerning criminal activities. Recently I even went through post adjudication process by the field office. Idk, could it be a problem?
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Post adjudication process for what?
 
Masooi said:
Update on my interview that took place today (Washington, DC FO):

I arrived about 20 minutes early and my officer came to get me 5 minutes before my scheduled interview time. I was interviewed by two officers (it seemed like one is supervising the other). They asked me standard questions from the I-485 form, asked to see some of my original documents (birth certificate, social security card, passport, Masters degree certificate and transcripts, I-94, and my H1B notice of action). They asked questions about what I did before coming to the US to study, and what I did in between studying and working, type of visa I was/am on, etc.)

They were very nice and courteous. In the end of the interview, they informed me that they're waiting on a State Dpt file to arrive (I assume they're talking about the KCC file) and will make a decision once they receive that file. I asked when they think they'll receive that file and they said this week. They also informed me that if they need any extra documents, they will call me directly since DV cases has the Sept 30 deadline. The overall interview all happened in 20 mins.
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Today, my case status online says "New Card Is Being Produced." YAY! And thank you Mom and Britsimon for all your help and guidance throughout the process. We're very lucky to have you!
 
costacosta said:
This is Administrative Site Visit and Verification Program. Please see the link: https://www.uscis.gov/about-us/dire...istrative-site-visit-and-verification-program

BTW:
Today I received the mail from USCIS stating that we need to submit written request to the FO director to expedite i-485.
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If I understand correctly that just means they are trying to verify that the basis of your L petition is valid. I can't personally see how that could have any bearing on your DV case? Good luck with the expedite request.
 
So today morning I had my interview at Tampa, FO.

I came about 20 minutes early and had to wait for like an hour till my number was called. Officer was courteous and friendly and he basically went through the I-485 questions. He asked for any proof that I am still in school and I gave him the tuition payment receipt for this semester, TA job offer letter and the enrollment verification letter from uni.

Interview lasted for about 20 minutes. At the end, he told me that everything seems to be fine for him, but he cannot approve it yet since he is waiting for a State Department file (I don't know whether that was the KCC file he was referring to). He said that he will go through my file once again and he will approve me today itself if everything is fine or I will receive a letter if there is any problem. I am little freaked out since I did not get any text alerts and the case status is not yet changed. However, I called KCC after an hour of the interview to check whether he has requested my KCC file and they said no. I am wondering whether I will have to make another trip to FO to request him to ask the file from KCC.
 
Ruw02 said:
So today morning I had my interview at Tampa, FO.

I came about 20 minutes early and had to wait for like an hour till my number was called. Officer was courteous and friendly and he basically went through the I-485 questions. He asked for any proof that I am still in school and I gave him the tuition payment receipt for this semester, TA job offer letter and the enrollment verification letter from uni.

Interview lasted for about 20 minutes. At the end, he told me that everything seems to be fine for him, but he cannot approve it yet since he is waiting for a State Department file (I don't know whether that was the KCC file he was referring to). He said that he will go through my file once again and he will approve me today itself if everything is fine or I will receive a letter if there is any problem. I am little freaked out since I did not get any text alerts and the case status is not yet changed. However, I called KCC after an hour of the interview to check whether he has requested my KCC file and they said no. I am wondering whether I will have to make another trip to FO to request him to ask the file from KCC.
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CHILL!! R.E.L.A.X!!! Not everyone gets approved the same day of their interview. You are freaking out needlessly - and not quite an hour after your interview.

Plus the IO knows they need to request your KCC file, he told you he's waiting for a file from DOS, didn't he?
 
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