FOIA back with no record. what's next? 485 Receipt date Oct.2003 still pending

benbenr

Registered Users (C)
Hi, I'm in EB2 category. Both 140 and 485 receipt date in Oct.2003. Still not approved. pending cos of FBI security check...

I just did an FOIA, it came back "no record"... so what should I do next? I asked my lawyer, but he said there's nothing he could do except calling the 800# we all know. And he'll charge me $100 for it... Gee!

Any advises?

Million thanks!
 
benbenr,

YOu should give us more details.. Like when did u filed for it? Where did you filed for it? Vermont or National Record center?

I heard it is taking 5 months now a days?
 
ChinnaKmm, u mean for FOIA where did I file it? I filed it with FBI. u can file it with Vermont? what is National record center? FBI?

For 485, I filed it in Oct.2003 with Vermont. concurrently with 140. I140 approved June.2004. and I'm EB2 category. What other info I need to provide? please adivse.

Basically I wanna know what I should do next? - my lawyer aways said there's nothing he can do. - and I can't fire him or transfer my case cos it's my company's lawyer, I was told I must stick with him...

And i just did a 2nd inquiry at Vermont. 1st time was 3 months ago came back with pending at security check...
 
I am talking about FOIA for getting I140 and I485 files copy, not the finger print (Secuity check) related.

For getting copy of I140 and I485 files from INS it will take 5 months now a days.. that will come for Nation record center..
 
can you share your nationality

I am in the same boat. EB2. 140/485 concurrently filed in June, 04. 140 approved in Feb, 05. I was told that my case is under home country security check (not in US, in China via Interpol). There are a few of my colleagues from other countries got their GC much faster. I am not sure nationaity plays a factor here.



benbenr said:
Hi, I'm in EB2 category. Both 140 and 485 receipt date in Oct.2003. Still not approved. pending cos of FBI security check...

I just did an FOIA, it came back "no record"... so what should I do next? I asked my lawyer, but he said there's nothing he could do except calling the 800# we all know. And he'll charge me $100 for it... Gee!

Any advises?

Million thanks!
 
Last edited by a moderator:
ChinnaKmm said:
I am talking about FOIA for getting I140 and I485 files copy, not the finger print (Secuity check) related.

For getting copy of I140 and I485 files from INS it will take 5 months now a days.. that will come for Nation record center..

i'm lost here, do not understand what you mean? I have my copies of 140 and 485. that's not my problem. my problem is that I don't know what to do next since my case is pending with FBI on security check. and FOIA i requested back clean.
 
pH7 said:
I am in the same boat. EB2. 140/485 concurrently filed in June, 04. 140 approved in Feb, 05. I was told that my case is under home country security check (not in US, in China via Interpol). There are a few of my colleagues from other countries got their GC much faster. I am not sure nationaity plays a factor here.

i don't think nationality is a factor here. my friend, he is from China too. filed his 140 and 485 in Jan.2005 and got them approved in just 4 months, that's May.2005. he's the same category EB2. and all other Chinese doesn't encouter the security check problem from what I know...

btw, how do u know that your case is under home country security check through interpol? can u share? i know nothing about where my case is at all.
 
pH7 said:
I am in the same boat. EB2. 140/485 concurrently filed in June, 04. 140 approved in Feb, 05. I was told that my case is under home country security check (not in US, in China via Interpol). There are a few of my colleagues from other countries got their GC much faster. I am not sure nationaity plays a factor here.


interpol ?! holy crap ! no wonder why it takes so long... :(
 
I found out from the 1800#

I called the 1800 number and the lady shared with me a lot of information. I am not sure how she can acess to it, as I tried to call the 1800 a few times later and never got much further informaiton other the same thing showed on the web.

She told me that my criminal record in US is cleared up (which means FBI completed their work), and now they are in the process to check my internaitonal criminal record via interpol (internation police orgnization,interpol has its own website).

I called my corporate lawyer afterwards, she told me that the international security check is through interpol.

My case is still pending.
 
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