I appreciate your help with this question / FBI and name check

[SBI1]

On February 23 2005 I sent an email to the FBI Name Check address as follows:

"Dear Officer,

I and my spouse have filed an application for adjustment of status to that as of Lawful permanent Resident
with the USCIS Vermont Service Center on March 17 2003. Our application is now pending adjudication at the Vermont
Service Center.

I am sending this note to you kindly asking for your office to please provide the status of the security/name
check I believe the USCIS would have requested upon the filing of our application for adjustment of status.

Following are the details of our case:" (followed by our personal info).

Surprisingly, only 4 weeks later (last Friday) I received a response from them by mail (surprsingly, because from what I read in this forum, it usually take their response around 3 months) as follows:

"Dear Mr. XXXX:
Tis is in response to your Freedom of Information-Privacy Acts (FOIPA) request noted above.

A search of the automated indices to our central records system files located no records at FBO Headquarters responsive to your FOIPA request.

Although no records responsive to your FOIPA request were located in our automated indices, we are required to inform you that you are entitled to file an administrative appeal if you so desire...bla bla bla

My question is - does this response mean that:
1. There are no records on/about me in their files? Which means - with this response I can now go back to VSC and ask them "Why is my name check being delayed?"
2. Or, does it mean that VSC/USICS never filed a request for a name check on my behalf in the first place, which means - when they tell me that my case is awaiting name check clearance by the FBI they actually don't have a clue what they are talking about...?

If this is the later - what is my next step?

Thank you

 

[stinger]

SBI1

You said you sent a email to bureau requesting the status of your name check probably initiated by USCIS. But you mention you received a FOIPA response instead. So it's bit confusing to answer

You file a FOIPA request to see if you have any hits against your name. If "no records", then you take that information to bureau and plead them to expedite you request.

You will receive a email/smail from bureau saying that they have forwarded your status to USCIS, washington DC.

VSC would have initiated your name check (and I know it's sometimes gets blurred to even believe if they would have initiated.). I am glad though you got your name check result so fast, looks like married folks get them faster, but again...

If you are sure you infact sent the request to bureau and got that email from bureau, you can decide to contact VSC to make sure they are in receipt of your status and is not lost or stagnated somewhere within USCIS.

But in any case just file a FOIPA request as the letter says.
Not sure though why you got a response from FOIPA division in response to your email to bureau

Again full letter might clear the things up. Can you paste the full text of the letter?
And comments from other members...

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PS: I am strictly a novice. Do not take my interpretations as advice.

 

[SBI1]

That's exactly the problem. The only correspondence that I ever initiated to FBI was an email to Mr. David Hardy (the email address that was published here by many) in order to check the status of my AOS name check. I have never sent any FOIPA request (yet...the form is filled out and I was on my way to notarize it when the letter arrived ).

The response is from Mr. David Hardy and the letter says that this is in response to my FOIPA request (the contest of the letter is posted in my original post, the only part I took out was the address/time frame for appeal, but the subject of the letter is exactly as I quoted), so this is really confusing. No where in the letter I see any quote by Mr. Hardy that they "Have not recevied a request from USCIS for a name check"....this is why I don't know what's going on.

 

[stinger]

Hey SBI1

I think the reply you got from bureau saying that you have a "no records" is for original question on what is your name check status is?

In your original request, did you have anything on the lines "If and when the bureau forwarded your status back to INS etc."
I think the FOIPA... verbatim there is standard (it might be saying, you can request same and such information under FOIPA)

Basically such name check status requests fall under the umbrella of FOIPA requests (there is even a INS form form one can use to request information and it is based on the FOIPA. Looking at FOIPA I started filling out thinking it is the same as name check FOIPA form and then only realized that it was for some immigration information. But such privelages to request such information is granted by the FOIPAct. I guess that's what that part of your answer letter is saying).

So your name check status sounds o.k to me. But get some more opinion if you can contact the VSC with this information. I am saying that becuase still from your letter it is not clear whether the bureau has sent your name check status back to INS which is what matters.


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PS: Again strictly a novice. Do not take my interpretation as advice.

 

[stinger]

Hey SBI1

I too got the exact same letter from teh bureau. But I sent both an email to FBI and a FOIPA request the same day. So do not know for which it was replied.

In any case I will send an email again armed with this letter to let m eknow if
1) If my name check request has been requested by USCIS ( just to confirm and for peace of mind)

2) And when did they fwded my results to INS.


Once I have teh info that they fwded my results I will call up INS to get hold of my name check results and approve my case.

I sent a pribate message to you, but my machine bonked off while sendting it to you..

Any reply and let us be in contact to see where this goes..

bbye