I-485 Breaking News

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rmsag

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Here is the article
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On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is approvable and the FBI name check request has been pending for more than 180 days, the adjudicator "shall" approve the I-485, I-601, I-687, I-698 applications and proceed with card issuance. However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warrantged if derogatory or adverse information is received from the FBI after the application is approved. For the full text, please visit Immigration Bulletin site[http://www.bibdaily.com/pdfs/Mocanu.Aytes.pdf]
 
This is a great news for people like us who are stuck name check from last 2years.

Thanks for this great info.

EB3 ,India,NSC
Labor PD: Feb 2001
I140 AD :Sep 2005
I485,I131,I765 FD:May 2006
FP :July 2006
AC21:Feb 2007
2nd EAD and AP Renewal Apllied Date:Feb 2007.
I140 LUD :11/04/07
I485 Luds:12/28/2006,12/29/2006,
SR1 Luds :06/28/2007,06/29/2007,06/30/2007.
SR Request response(06/19/2007 ):It's in Name check
Senator's Office response(10/22/2007): It's in Name check
Contacted NSC through POJ on 12/19/2007:Still in name check
Sent a letter to Congress man on 11/29/2007:Still in Name check(01/08/2008)
Address Change Lud :01/08/2008
Sent a letter to First lady :Waiting for response
I485 AD ??????
 
The cost of this is 20 mil to FBI.
Learn how to make money: the less work you do the more you get paid. Long live US.
 
rir_or said:
The cost of this is 20 mil to FBI.
Learn how to make money: the less work you do the more you get paid. Long live US.
Click to expand...
most of this money goes to reduce backlog with N400 apps actually. Read the document before you jump to conclusions
 
It is not very clear on the full procedures. Essentially if waiting of 180 days has happened and no namecheck received, Card will be produced and not mailed but held at the adjudicating office until the namecheck results are returned. In a way this is good because of the use of Visa # immediately after 180 day period. Currently PD has lost meaning and approvals are happening in the order of FBI returning results (in total disorder) and the efficiency/workload of service center. TX seems to be with little work and consumed all EB2 India, disregarding PD queue. With the new procedure, this is less likely to happen. Visa # will automatically get alloted, if available, and card produced after 180 days wait.
 
ZLXC2Y said:
It is not very clear on the full procedures. Essentially if waiting of 180 days has happened and no namecheck received, Card will be produced and not mailed but held at the adjudicating office until the namecheck results are returned. In a way this is good because of the use of Visa # immediately after 180 day period. Currently PD has lost meaning and approvals are happening in the order of FBI returning results (in total disorder) and the efficiency/workload of service center. TX seems to be with little work and consumed all EB2 India, disregarding PD queue. With the new procedure, this is less likely to happen. Visa # will automatically get alloted, if available, and card produced after 180 days wait.
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that point is pretty clear (unless i misunderstood something) They are going to approve and mail the card after 180 days of waiting. However your checks are not complete and will be carried out until completed. Till then USCIS reserve the right to revoke GC and to initiate removal proceedings
 
It will be funny when you are to apply after 5 years of being GC holder for citizenship to find out your namecheck is still pending. I am sure it is how it is going to be. Adjusting for inflation FBI is going to pull off 100 mil then. Simply by continuing not doing anything.

FBI, are you reading this? You suck.
 
I'll see when this is going to actually happen. My NC has been pending for 4+ years and I have just got MTD for my WOM. I'll still prepare my response to MTD though.
 
Role of Visa # availability

Hello,

This is certainly good news, for people like us who have been stuck in name check for the past 2 years.

I am wondering what role with Visa # not being available play into GC approval. :confused:

Does this mean that we still have to wait for Visa # to be available of EB2 India, and also when is the visa # allocated to an application

Thanks in advance
 
I filed my case under cross-chargeability and I am current as of now. My receipt date is 2/26/2007 and I am stuck in name check since 3/2/2007. After reading the new memo(Case can be approved if name check is pending for more than 180 days) I called NSC about the status of my case, and I was told that my name check is still pending but my case is ready to be assigned to the Immigration Officer.

Does anyone know what exactly he mean by - "my case is ready to be assigned to the IO", I did ask him but he did not tell me much.

Does it means that my case is ready for final approval?
 
rahulsharma_176 said:
I filed my case under cross-chargeability and I am current as of now. My receipt date is 2/26/2007 and I am stuck in name check since 3/2/2007. After reading the new memo(Case can be approved if name check is pending for more than 180 days) I called NSC about the status of my case, and I was told that my name check is still pending but my case is ready to be assigned to the Immigration Officer.

Does anyone know what exactly he mean by - "my case is ready to be assigned to the IO", I did ask him but he did not tell me much.

Does it means that my case is ready for final approval?
Click to expand...

it goes a pile of files the office put on his/her desk.
 
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