FBI Name Check

pguduru said:
Thanks for all your valuable replies. I think i should do that. also the expedite request that i made was only for them to reply me as to why they r not following up with my case but either way they have'nt helped me yet.
I have currently approached the senators office and i am waiting to hear from them if they could get any updates. Can you advice me as to how to write the memorandum that u suggested? Is it a good choice to go ahead and write this while the senators office is working on my request too?They are atleast trying to expedite my I 131.
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It does not matter if the senator's office is looking into it or not , it is your case and you have to pro-active and follow up , write letters , write emails , make phone calls , open service requests , threaten with wom , do anything to get your case moving
 
It did Ended

It is Finally Over for me, so far. :):D

Today I went to USCIS with InfoPass as I mentioned you before. IO asked me if I had my I-485 application receipt with me, I showed her. Then she asked me if I had my Interview Letter with me, and I showed her. She checked if my File was here, and went back. She came back with a huge pile of File. And she notified me Yes, they have my file [last IO ordered the file, he was right person]. So, the Lady [IO] told me to sit. She then called me again and asked me to go to the 3rd Fl where I had my Interview before. I kept waiting there for more than 2 hours. I thoght they are going to inerview me again.



After LONG Waiting, another lady [District Officer] called my name and gave me a letter by saying that this Letter has the "Decission" about my case. I got little nervous because I thought if it was good news she would have told me verbally. But she gave me the Letter and closed the Door immediately and I started panic a little. I then sat down, and open the Letter... finding the begining of the Letter..... Says: "Congratulations........ has been approved....... blah.. blah.."
:):)
 
is not "green card" supposed to be back dated to interview date?

I just received my green card , issued for 2 years starting from" 07/30/2008 , i was expecting it to be back dated to my interview date that is in january'2008!! am i wrong?

Note: I tried to start a new thread many times but , once i press the submit button it takes me to a blank screen!!:confused:
 
All posts I've seen show GC is backdated to approval date. That is usually around interview date if name check is clear during interview, but in cases like yours where it wasn't you don't get a backdate.

I'm having the same new thread issues. edit: I figured out a workaround to the posting problem:
http://boards.immigration.com/showthread.php?t=284907

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
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franticsky said:
It does not matter if the senator's office is looking into it or not , it is your case and you have to pro-active and follow up , write letters , write emails , make phone calls , open service requests , threaten with wom , do anything to get your case moving
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Finally made an infopass appointment and got some info abt the case. My I 485 is ready to be approved at the TSC but the reason that they said that it cannot be approved now is because of non availability of visa numbers. So it looks like i have to call back in October when new numbers become available. hoping that it atleast gets cleared by then. I dont know how fast it gets filled in EB3 category...Has anyone read the september news bulletin? I did not understand abt the Employment based visa numbers to be reduced to half. If any of u has an understanding of that please post a reply. thanks in advance.
 
name check & Security Clearance

I applied for GC through marriage back in Nov 2006, finger prints in december and interviewed in April 2007. My lawyer was with me and me and my wife were interviewed seperately. Immigration office told me that she has everything she needs and will let us know the decision after geting my name check clearance. and kept my I-94 because i was on student visa before.

i was in touch with my lawyer and also filed for EAD during this time. My lawyer inquired about my case this July and they told him that my case is pending at review/ investigation agency. And he also told me that my case is on a move but when i looked at my previous inquiry response which was in december 2007 it has the same info. I contacted my congressman and they did an inquiry too and they told me that your name check was cleared but now your finger prints are expired for security clearnce.

Anybody has any idea whats going on with case.

Thanks
 
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same boat as yours. applied in feb 2007 waiting from dec 2007. infopass says pending security clearance and the fingerprints have expired. (oct 2006). letters to the ombudsman reply was background check pending.
 
Filling a writ of mandamus

I applied for I-485 in November 2006 - family based through marriage to a U.S. Citizen. Since then my case has been pending a back ground check investigation to clear. I also submitted an I-765 application with the 485, and did not receive my EAD until NINE MONTHS later. When I finally received my EAD card, my name was misspelled and I had to send it back and wait another month for them to correct it. BY LUCK I DISCOVERED THAT MY DATE OF BIRTH ON MY I-485 APPLICATION IS 11/01/1919 INSTEAD OF 11/01/1979 AND I HAD TO CALL AND CORRECT THAT TOO. FINALLY I MOVED FROM NJ TO MI AND I CHANGED MY ADDRESS WITH THE USCIS AND I STARTED RECIEVING THEIR LETTERS TO MY NEW ADDRESS IN MICHIGAN AND I JUST RECIEVED A CALL FROM MY EX LANDLORD IN NJ TELLING ME THAT I JUST RECEIVED A LETTER FOR A BIOMETRIC APPOINTMENT IN NJ AND I LIVE IN MICHIGAN .And now I am still awaiting the back ground check and have not even been scheduled for an interview after 21 MONTHS SINCE I FIRST APPLIED. I also just figured out recently that my DOB is incorrect in my 485 file. I contacted my congressman, submitted over 9 service requests through the customer service number, 4 info-pass appointments, and no one can answer as to why the USCIS has not sent for my interview yet.I ALSO CONTACTED OMBDUSMAN,FIRST LADY ,FBI DIRECTOR ,AND THE RESPONSE WAS THAT THEY CAN'T MOVE ON MY CASE UNTIL MY BACK GROUND CHECK IS DONE .

Has this happened with anyone? - failure to interview? ...... is my case approvable under the new February memo even though I did not complete an interview - as my case has been pending a background check for over 18 MONTHS. CAN I FILE FOR THE WRIT OF MANDAMUS ALTHOUGH I NEVER BEEN SCHEDULED FOR AN INTERVIEW . AND NOW IT IS MORE THAN 21 MONTHS IS THAT LONG TIME ENOUGH TO FILE FOR THE WRIT OF MANDAMUS. I am desperate for any kind of answer or explanation. PLEASE HELP!!:eek:
 
Finally I decided to sue USCIS by myself and got the pro sei package from local court.

Here is the question, I called USCIS yesterday, they told me that my name check was finished in May 2008, my application is pending due to the background check performed by USCIS. This is the info I got by phone so I don't have any evidence support for it. Shall i sue USCIS only since FBI already finished their work? Or I should sue both (FBI & USCIS) in case I got the wrong info?

I heard a case that the applicant only sued USCIS, then the court ordered USCIS to give an answer by 30-days, and USCIS straightly denied his application based on the reason that FBI name check is pending. So, they are saying that if you wanna to sue , sue both not only USCIS.

What shall I do now?
 
CARD PROD ORDERED - Online Case Update!

Card Production Ordered on 9/4 -- :D

But I have a question if anyone can answer me please. On my Approval Letter they gave me when I was at DO with InfoPass 2 weeks ago, I saw, they mis-spelled my Middle Initial. Is that a problem? or is it just a typo? I asked the Lady on the front desk, she said it is a typo, actual card should have correct name. But I called USCIS, 800#, they told me that they go by what is in approval Letter... So the Customer Service Lady open a service request to correct that (but my card production already ordered... :confused:). She couldn't tell me what will be in the card though..

Ok, anyone has any idea how this works.. your input will be highly appreciated.... Thanks a lot!
 
aswresm said:
I applied for I-485 in November 2006 - family based through marriage to a U.S. Citizen. Since then my case has been pending a back ground check investigation to clear. I also submitted an I-765 application with the 485, and did not receive my EAD until NINE MONTHS later. When I finally received my EAD card, my name was misspelled and I had to send it back and wait another month for them to correct it. BY LUCK I DISCOVERED THAT MY DATE OF BIRTH ON MY I-485 APPLICATION IS 11/01/1919 INSTEAD OF 11/01/1979 AND I HAD TO CALL AND CORRECT THAT TOO. FINALLY I MOVED FROM NJ TO MI AND I CHANGED MY ADDRESS WITH THE USCIS AND I STARTED RECIEVING THEIR LETTERS TO MY NEW ADDRESS IN MICHIGAN AND I JUST RECIEVED A CALL FROM MY EX LANDLORD IN NJ TELLING ME THAT I JUST RECEIVED A LETTER FOR A BIOMETRIC APPOINTMENT IN NJ AND I LIVE IN MICHIGAN .And now I am still awaiting the back ground check and have not even been scheduled for an interview after 21 MONTHS SINCE I FIRST APPLIED. I also just figured out recently that my DOB is incorrect in my 485 file. I contacted my congressman, submitted over 9 service requests through the customer service number, 4 info-pass appointments, and no one can answer as to why the USCIS has not sent for my interview yet.I ALSO CONTACTED OMBDUSMAN,FIRST LADY ,FBI DIRECTOR ,AND THE RESPONSE WAS THAT THEY CAN'T MOVE ON MY CASE UNTIL MY BACK GROUND CHECK IS DONE .

Has this happened with anyone? - failure to interview? ...... is my case approvable under the new February memo even though I did not complete an interview - as my case has been pending a background check for over 18 MONTHS. CAN I FILE FOR THE WRIT OF MANDAMUS ALTHOUGH I NEVER BEEN SCHEDULED FOR AN INTERVIEW . AND NOW IT IS MORE THAN 21 MONTHS IS THAT LONG TIME ENOUGH TO FILE FOR THE WRIT OF MANDAMUS. I am desperate for any kind of answer or explanation. PLEASE HELP!!:eek:
Click to expand...

Yup, it is a perfect case to file a mandamus. If you file mandamus, they have to decide your case withing 60 days (from an experience of someone).
 
I commend GCwaitforever for filing a complaint. Here is another suggestion.

(1) Call the DHS Number 202-282-8000 and ask for David Gulick (who is in Michael Ayte's Chief of Staff for Domestic Operations at USCIS). I feel absolutely no pain disclosing his name because these guys have to sit up and pay attention and clean up the lack of accountability and chaos at the service centers. If the volume of calls piles up and they stop transferring to him ask for Julia Harris who also works in the Domestic Operations office (she is more clueless). This is their job and they had better be prepared to hear from us. If you don't get the person leave them voicemail, either way they have to hear our voices. We have followed EVERY single rule and are finally eligible to get approved, so they had better follow their own rules and approve applications in an orderly FIFO manner.

(2) Explain clearly that

(a) Your Priority Date is Current i.e. per DOS a visa number is available for you -- this is very important -- else you'll get the usual no visa numbers available explanation.

(b) On Date/s: X Time: Y, Officer Badge #: Z told you that you would have to wait because your namecheck hasn't cleared, even though it is past 180 days since your namecheck was initiated (and your I-485 filed) -- this contradicts the Aytes memo.

(c) Ask him to clarify and also urge the service centers to not act on applications like yours per the instructions of the Aytes memo.

(d) Make sure to point out that you are an affected applicant BUT that you are also calling on behalf of thousands of applicants like yourself
.

(3) To make the whole thing official go to http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm,

(a) fill out DHS Form 7001, sign and fedex to the Ombudsman's Office (address provided in form instructions)

(b) Scan the signed form and also email your scanned form to Cisombudsman@dhs.gov with full story. The new ombudsmans name is Michael Dougherty. Let us make him do his job.
That way when you get the bogus response back, you can flash it their face when they deny they provide bogus responses that flout the Aytes memo/ processing date guidelines etc. This was tremendously effective for me when they started denying that they go by RD instead of PD for retrogressed cases.


Similarly if you are hearing the nonsense about processing dates -- hit the phone and email -- call the office of domestic operations at USCIS.
__________________
 
My I-485 application (marriage based) has been pending now for two and a half years due to background checks.
I've tried every way to have the USCIS make a decision in my case, but nothing helped.
I've contacted Senator Charles E. Schumer and Congressman Anthony D. Weiner regarding my case. Unfortunately, they were unable to expedite the process. However, I received information from them that my case was pending name checks.
I have made several inquiries with the USCIS via phone and InfoPass appointments. After each of these inquiries, I received letters from the USCIS indicating that my application was pending name checks from the FBI.
I've contacted the Ombudsman; unfortunately,I received the same response.
Recently, I contacted the First Lady, Laura Bush, who submitted a request for me as to the status of my name checks. Finally, I received confirmation that the FBI has FINALIZED my name checks on 6/5/2008. However, there has still been no progress on my application.Does this mean that my name has been cleared?
To be noticed that the officer who interviewed me & my wife on September/2007 was Isaac R. Baichu, the officer who was charged with demanding sexual favors in exchange for green cards in March, 2008. Probably every body knows the story. Does this has an effect on my Green Card?
Next week I have an InfoPass appointment in Garden City office, NY; Do you guys suggest any thing in particular that I should mention or ask the Officer?
Please, any suggestions or HELP would be appreciated.
 
waiting2006 said:
My I-485 application (marriage based) has been pending now for two and a half years due to background checks.
I've tried every way to have the USCIS make a decision in my case, but nothing helped.
I've contacted Senator Charles E. Schumer and Congressman Anthony D. Weiner regarding my case. Unfortunately, they were unable to expedite the process. However, I received information from them that my case was pending name checks.
I have made several inquiries with the USCIS via phone and InfoPass appointments. After each of these inquiries, I received letters from the USCIS indicating that my application was pending name checks from the FBI.
I've contacted the Ombudsman; unfortunately,I received the same response.
Recently, I contacted the First Lady, Laura Bush, who submitted a request for me as to the status of my name checks. Finally, I received confirmation that the FBI has FINALIZED my name checks on 6/5/2008. However, there has still been no progress on my application.Does this mean that my name has been cleared?
To be noticed that the officer who interviewed me & my wife on September/2007 was Isaac R. Baichu, the officer who was charged with demanding sexual favors in exchange for green cards in March, 2008. Probably every body knows the story. Does this has an effect on my Green Card?
Next week I have an InfoPass appointment in Garden City office, NY; Do you guys suggest any thing in particular that I should mention or ask the Officer?
Please, any suggestions or HELP would be appreciated.
Click to expand...

Please write to

uscis district director
26 Federal Plaza, Room 1104, New York, NY 10278

explaining everything that you have done to move your case forward , also enclose a copy of the letter that you have received from FBI , also mention that you will be filing a WRIT OF MANDMUS if your case does not get adjudicated withing 30 days of receiving your letter

send a certified letter with a return receipt

when u go to garden city ask them specifically what is holding up ur case , be very affirmative and demand a reply , those people are bastards and wont talk to u with if you become too polite.. also write about your case problem to the cis ombudsman , write an email to his office everyday , write a letter to all every single day , I did all this and finally got approved
 
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waiting2006 said:
My I-485 application (marriage based) has been pending now for two and a half years due to background checks.
I've tried every way to have the USCIS make a decision in my case, but nothing helped.
I've contacted Senator Charles E. Schumer and Congressman Anthony D. Weiner regarding my case. Unfortunately, they were unable to expedite the process. However, I received information from them that my case was pending name checks.
I have made several inquiries with the USCIS via phone and InfoPass appointments. After each of these inquiries, I received letters from the USCIS indicating that my application was pending name checks from the FBI.
I've contacted the Ombudsman; unfortunately,I received the same response.
Recently, I contacted the First Lady, Laura Bush, who submitted a request for me as to the status of my name checks. Finally, I received confirmation that the FBI has FINALIZED my name checks on 6/5/2008. However, there has still been no progress on my application.Does this mean that my name has been cleared?
To be noticed that the officer who interviewed me & my wife on September/2007 was Isaac R. Baichu, the officer who was charged with demanding sexual favors in exchange for green cards in March, 2008. Probably every body knows the story. Does this has an effect on my Green Card?
Next week I have an InfoPass appointment in Garden City office, NY; Do you guys suggest any thing in particular that I should mention or ask the Officer?
Please, any suggestions or HELP would be appreciated.
Click to expand...

1. find out the reason for , the case still pending, if they say "name check" , you have the letter from FBI.

2. If all security checks are clear insist on talking to officer who is working on your case.
 
Threatening letter to file a WRIT OF MANDMUS

franticsky said:
Please write to

uscis district director
26 Federal Plaza, Room 1104, New York, NY 10278

explaining everything that you have done to move your case forward , also enclose a copy of the letter that you have received from FBI , also mention that you will be filing a WRIT OF MANDMUS if your case does not get adjudicated withing 30 days of receiving your letter
Click to expand...

Hi franticsky,

To whom should I write a threatening letter that I'll be filing WRIT OF MANDMUS if they don't adjudicate case?

I had my interview in Garden City. Should I write the letter to the Director of the Garden City office. OR to the NY District Director in the 26 Federal Plaza.

My I-485 receipt no' starts with the letters MSC (which is the Missouri Service Center also known as National Benefits Center). Should I write the letter to the Director of the MSC?
Should I write the letter to all of these Directors above?
Is there any body that I should write the threatening letter to?

In your case, did you write a letter that you were going to file a WOM if they don't adjudicate your case?

Thanks
 
The letter should not be a threatening letter , it should be a firm letter to the district director whose address I have mentioned in my post below

My case was a little different , my FBI name check was clear but the officer was waiting for a second A file which he requested from the Nebraska service center and did not show any interest to follow up on that even when I used to send him letters every week

I wrote an email to the Ombudsman everyday and irritated them so much that they infact called me and promised me to look into my case which they did , but even after that the file was not transferred so i wrote to the district director avbout this sending her copies of all the letters that I wrote to senator , congressman , ombudsman , to the IO and requested her to look into it and after that within one week the file was transferred
 
hi waiting2006,
i am in the same situation as u are in. applied in feb 2007 and after 2 interviews still awaiting an approval, though i did receive a verbal one at the second interview which was more a formality. i did go to the garden city office a couple of days ago and i found out some really strange news. she said the last update she sees was from june 2007 just after my 1st interview and then nothing after that. when we insisted she look in further she said that she would have to send the inquiry to the office upstairs and they would reply within 30 days.
i did write to the ombudsman,dist dir and the senator and first lady except the ombudsman nobody bothered to respond. the ombudsman did ask me to wait for 6 months before enquiring again. i did write another letter a couple of months later in aug 2008 and they reminded me of their prev response. (dont even bother to ask till dec 2008). will wait for the response to my infopass and will then start writing again this time strongly though. how did u get a letter from the fbi?. my last fp with the fbi is from oct 2006 for my i140. i did submit the fbi for my i130 & i485 in feb 2007 but that was never considered. when i mentioned this to the lady at fed plaza,she said that was becoz the fp from oct 2006 was less than 6 months old and if they need one now they would ask me.
do let me know how ur case progresses.
 
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Hi unlucky_girl,

I just got back from an InfoPass in the Garden City office. Here what happened there:

The Officer told us that our case is pending because it is a special case because our case was handled by officer Baichu (Baichu was charged with demanding sexual favors in exchange for green cards). She couldn’t give us any more information so we insisted on seeing the supervisor.

The supervisor told us that my case is still pending background checks. We showed him the letter from the FBI that my name checks has been FINALIZED on 6/5/2008, but he explained that it could be waiting other checks to clear (his response doesn't make sense to me and I don't believe him)
He told us that the fact that Officer Baichu interviewed us has nothing to do with the delay, which contradicts what the officer had told us before.
He said that somebody is working on our case and it should be adjudicated before the end of the year (which I don't believe neither).
I feel every time I call or go to the InfoPass, they give me the same bullshit (excuse my writing!).
He said that we should not contact anybody regarding our case because it just overloads the work on the USCIS and it won’t help.

About the FBI letter:
I sent a letter to the First Lady asking her to help me in expediting my GC. She submitted a request for me as to the status of my name checks with the FBI (all I asked in my letter to her is to expedite my case.)
Few days later, I received a letter from the FBI that the first lady submitted a request on behalf of me to them and they included a form asking me to fill it out (here is the form http://foia.fbi.gov/waiver.htm )
Few days later, I received confirmation from the FBI that my name checks has been FINALIZED on 6/5/2008. However, there has still been no progress on my application.

In order to receive information about your name checks from the FBI, you don't need to contact the First Lady . You can do it by your self.

Go to the following website and read the instructions:
http://foia.fbi.gov/foia_instruc.htm
Fill out the follwoing form which is the same form I filled
http://foia.fbi.gov/waiver.htm
and mail it to the following address :
Federal Bureau of Investigation
Record Information/Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843

Mail the form along with a letter that explains that you applied for a green card and your name check has been pending for more than year and a half and you want to know the Status of the name checks. Include also a copy of the I-485 receipt.

Let me know what happens
 
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