Hot topic - SECURITY REVIEW

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bmt74

Registered Users (C)
Hello everyone who got stuck in security review,

If your case is pending for an unusual time, it is because of the FBI security review. Some people use the term "name check" -- which is incorrect. Once again, security review is more elaborate that name check.

There is a big difference. Most of us have gotten our name check done, it is usually done and the results are sent back to CIS within a few weeks the application is filed. But to tell you that, in response to the email you send to FBINNCP, FBI takes 5 or 6 months. Often times, people think their name check is not complete, the reality is, it is complete, but FBI is so slow in responding to your email. If I am not mistaken, they stopped responding to those emails recently.


My question is, does anyone know who is responsible for the security review process at FBI ?. Is this the following person ?

David M. Hardy
Section Chief
Record/Information Dissemination Section
Records Management Division

If so, we need to contact him.

From what I researched so far, writ mandamus (fancy/legal term for lawsuit!) might get things done, but I don't think one would want to spend another 2 or 3 grand on that, plus nobody knows the outcome, the worst case being CIS denying your application.

Let's all work toward a common goal. Our voice needs to be heard.
 
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Let us speak out

Please count me in. Let every one stucked in security checking count his name here, and lets all speak out......

EB3 NSC Concurrent
I-140/I-485 RD January, 2003 - Pending
 
Me too. If you are stuck with a security review at NSC, what happens if you file I-140 at another center. Will the application gets stuck again?

Does these security checks impact H1 extension? Will we able to get H1 extended with pending security checks?
 
I am also stuck in security review.But mine seems to be a security review by uscis. This was the information given to me by the senator's office and the person who gave me the information was well informed.
 
After initiating an official inquiry into my pending I-140, I reeived a letter from USCIS stating that my application is under 'security check'. I'm assuming that its the same as 'security review'.

Currently they have no time line on when they will be processing these cases. My client's attorney mentioned that he too had cases that were pending under 'security check' and that USCIS considers these cases as low priority.

So guys, an ideas as to how we can get USCIS to look into these cases? One suggestion would be to open a class action lawsuit. We wouldn't have to file individual cases. Maybe we can approach Mr. Rajiv Khanna.
 
My lawyer is trying to contact aila and see what can be done.Approaching Mr. Khanna is a good idea. I did send a mail to immigation-law asking him if he had any insights to what can be done.
 
My lawyer, as a I-140 liaison to NSC, personally went to NSC to talk about this issue. The NSC supervisor blames all the problems on the FBI and will do nothing to help expedite the security background check cases - reason being they have no control over it.
 
bmt74 said:
My lawyer, as a I-140 liaison to NSC, personally went to NSC to talk about this issue. The NSC supervisor blames all the problems on the FBI and will do nothing to help expedite the security background check cases - reason being they have no control over it.
Click to expand...
Its all pretty confusing. Mine is stuck in a security review with the uscis, not a FBI security check. This was the information provided to me by the senators office.
 
Hi bmt74,

I have a question regarding H1 extension. I know you metioned before that you filed for a H1 extension and are still waiting for the approval. Does "security review" for I-140 effect H1 extension? I have applied for my 7th year extension a month back and haven't got a receipt number yet. I was wondering if its because of my I-140 being in security review. Please let me know. Thanks.
 
colts_fan,

Yes, I did file for 7th year extn. in Dec 2004 and I never received the approval. Last month per my lawyer's advice, my company applied for 8th year extn. Even if you don't receive 7th year extn approval after one year, you are supposed to apply for 8th year extn because 7th year year extn is valid for only one year.

Regarding the receipt notice, I don't think we can blame security review. No matter what, they are supposed to send the receipt notice. So call CIS customer support and request them you want to speak with an immigration officer and ask them to send the receipt notice. It would be better if you have someone from your company in conference because they are the petitioner.
 
dont worry colts fan

Iam also still waiting for 140

I applied for 7th yr extension on jul10 annd got it on aug10th.I also applied for EAD and AP and got them also in a month.So security review always wont affect everythong.Iam not sure even my case is stuck in security review.Whenever i contact my senator they are getting a response fron USCIS saying they are still processing july04.Thats tha reason my case hasnot been touched yet.I know this is a stupid answer from them but cannot do anything about it untill the dates move to our dates

wait patiently.Dont get tensed for everything leave it to god.He will take care of everything
 
Thanks bmt74 and kishore. I did get an email this morning from USCIS that my EAD extension and AP are approved. so thats good news. But I can't use them as my wife is still on H4 and I can't add her bcoz of visa number retrogression. I will wait another week and call the customer service for the H1 extension receipt number ..

My senator did make another call to USCIS. She said that my case is still stuck with "security review". She did say that there are quite a few cases filed in 2002 and are stuck in "security review" and USCIS doesn't have a timeline on when will they clear these.
 
I called VSC today. The customer service representative this time was very nice and helpful. She first said that my case is under "Security review" and USCIS does not have any control over it since they are waiting for a response from an external agency. This seems to be the standard reply. I asked her if the external agency is FBI. She said yes. She also said that the name check was initiated with FBI in March 2004 and is still pending. When I asked her if there is a way to follow-up, she said that I can send an e-mail to the FBI ID. I told her that I have already sent an email in March 2005. She said, yes, they have stopped responding. However, last month (Oct 2005), my name went into the USICS file for following up with FBI and so hopefully it should move in the near future. It seems like USCICS does follow up with FBI if the case is pending for a certain amount of time. I will call again after a couple of months and see if it is completed, if not I will contact the senator or congressman.

For people whose name check have been initiated in 2002 and 2003, have you called your respective service center to find out if your name checks have been completed, since FBI is supposed to be concentrating their efforts on clearing up the backlog for 2002 and 2003. If these cases have reached completion, we would know if this is really the case.
 
Today i got a email from Senator saying that my case is stuck in security review.

Does anybody know how long it will take.or anybody know any of ur freinds got cleared from security check
Its the end of our GC
 
Here is my opinion on security review (assuming you have a clean background). It could be one of the following:

- If CIS is really telling the truth, the fault is on the FBI, your name is a false-hit and FBI does not care to clear it.

- Or yet, it could be just a plain lie on CIS' part and blaming it all on FBI. This could be very well true because for most of us, the name checks were cleared by FBI a long time ago. CIS claims there are additional background checks -- which I don't undertstand (or) does not make sense.

Either way, if you are really worried and want to get out of this black hole, folks, the only way is to file a mandamus(lawsuit) and kick CIS' butt.
 
Kishore,

Sorry to hear that your case is stuck in a security review.I think you also fall in to the same category as me.If our 140's have not been still approved then its a uscis security review. I have been stuck there for a couple of mths there.My lawyer got a notice that if the security check is still pending after 6 mths from the date of the notice then they should call uscis.

I guess we all have to do something. I read something about FDNS(fraud detection and prevention service), a division of uscis. Maybe we should write to them.
 
bmt,sensat thanks for ur views

today morning i heard this .My mind is all blank now.dont know what to do.My employer does not help me in any of this.
Now iam thinking of going back home.
My senator also told me she cannot do anything abt FBi security check

also thinking of applying another 140 through some other company
i dont know whether it will help or not.
 
Sorry Kishore to hear that. I can unsderstand your pain. The bad thing is I'm not sure if there is anyone who got cleared after "security review". I'm thinking in the same terms as you as what would happen if I apply another I-140 at a different service center? The big question is will that gets stuck as well with the same "security review"? This is frustrating but there should be someting we can do instead of waiting indefinetly ..
 
Good Point

This is a very good question :
Has any one get cleared after the security check?
I would suggest starting a new thread on this subject, what do you hink guys?
 
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