List here if 2nd FP done and name check pending..

monitor said:
Got letter from USCIS asking to appear for biometrics code 3 on 9/27/07(next week). No LUDs or msg change online.
As per infopass yesterday (9/18/07) NC still pending - initiated on 12/31/03 and another one on 1/6/2004. Why would USCIS send 2 NC requests to FBI within a gap of 5 days? Beats me.
4th AP approved last month. 4th EAD pending with USCIS.

Gurus - should I be hopeful?
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I remember I read somewhere that one of the NC rules is that if there are two requests for NC in the same name in 120 days then FBI returns both back to CIS without processing the case. Your case sounds really strange. I recently talked to a IO but she wouldn't disclose the date my NC was initiated. CIS however disclosed this info to a rep from the local senator's office. The date is October 2003, so we are in the same boat. I actually have noticed that there are people on this forum with NC pending since 2003 but I don't remember anyone from 2004. It looks like FBI is not processing old ('cold') cases any longer for an apparent reason: as long as there is a backlog of cases the agency can ask for more money...
 
Leo_1003 said:
I remember I read somewhere that one of the NC rules is that if there are two requests for NC in the same name in 120 days then FBI returns both back to CIS without processing the case. Your case sounds really strange. I recently talked to a IO but she wouldn't disclose the date my NC was initiated. CIS however disclosed this info to a rep from the local senator's office. The date is October 2003, so we are in the same boat. I actually have noticed that there are people on this forum with NC pending since 2003 but I don't remember anyone from 2004. It looks like FBI is not processing old ('cold') cases any longer for an apparent reason: as long as there is a backlog of cases the agency can ask for more money...
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Don't know what is going on...no response from FBI to the numerous emails and letters I have sent so far.
Thanks for the info abt > 1 NC within 120 days - will try to see if I can find more info abt it. Anyway, I have everything ready for a WOM. Just waiting for the dates to be current.
Do you know why they could hv scheduled a code 3 if NC is still pending? I had read abt some work being done for cases pending NC for more than 33 months. Is there any hope without WOM?
 
monitor said:
Don't know what is going on...no response from FBI to the numerous emails and letters I have sent so far.
Thanks for the info abt > 1 NC within 120 days - will try to see if I can find more info abt it. Anyway, I have everything ready for a WOM. Just waiting for the dates to be current.
Do you know why they could hv scheduled a code 3 if NC is still pending? I had read abt some work being done for cases pending NC for more than 33 months. Is there any hope without WOM?
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I did my second FP, code 3, on May 9th. At that time thought it could mean something. It came out it meant nothing at all. The senator's office told me CIS advises me to wait for another six months. I'm fed up with this and mulling either WOM or going back home. I believe too many people are interested in keeping the backlog so I don't anticipate any goodies to happen to us in the foreseeable future. I haven't heard about any processing done on cases with NC pending for > 33 month, sounds like our wishfull thinking.
 
Don’t know how to express frustrate!!

It has no solution, just wait, wait, wait and wait!

Reading all kind of documents, somebody written to congressman, FL, etc, etc, but not real answer how to follow up for name check issue......
 
Leo_1003 said:
I did my second FP, code 3, on May 9th. At that time thought it could mean something. It came out it meant nothing at all. The senator's office told me CIS advises me to wait for another six months. I'm fed up with this and mulling either WOM or going back home. I believe too many people are interested in keeping the backlog so I don't anticipate any goodies to happen to us in the foreseeable future. I haven't heard about any processing done on cases with NC pending for > 33 month, sounds like our wishfull thinking.
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Thanks Leo_1003 for your inputs. Will hv to go for the code3 anyway....atleast I will go without any hopes. Just another step cleared for approval when I file a WOM - that's the way I look at it.
Hang in there, be happy and do not give up hope.
Good Luck!!
 
monitor said:
Thanks Leo_1003 for your inputs. Will hv to go for the code3 anyway....atleast I will go without any hopes. Just another step cleared for approval when I file a WOM - that's the way I look at it.
Hang in there, be happy and do not give up hope.
Good Luck!!
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I wish you good luck Monitor. Also, wanted to ask if you know somebody who was successful in going to court with the NC problem? I mean if anybody received a GC this way? I just wonder what happens when a judge rules FBI to complete processing on a case but it doesn't. What's next? Another issue, what if FBI decides to retaliate and isssues a negative conclusion is there a mechanism to dispute this decision. Since the processing itself is murky such outcome seems plausible.
 
monitor said:
Don't know what is going on...no response from FBI to the numerous emails and letters I have sent so far.
Thanks for the info abt > 1 NC within 120 days - will try to see if I can find more info abt it. Anyway, I have everything ready for a WOM. Just waiting for the dates to be current.
Do you know why they could hv scheduled a code 3 if NC is still pending? I had read abt some work being done for cases pending NC for more than 33 months. Is there any hope without WOM?
Click to expand...

FYI:
The USCIS established new criteria in 2007 on expediting FBI name checks and they are not applicable to most people. Only cases involving military deployment, age-out or sunset provisions, or other compelling situations such as critical medical conditions, are qualified for expedited handling. The new policy doesn't consider how long the name check has been pending, or whether a Writ of Mandamus (WOM) has been filed.

Actually means FBI won't care if you went to court and what court has said. Apparantly, this is no longer an option
 
Leo_1003 said:
FYI:
The USCIS established new criteria in 2007 on expediting FBI name checks and they are not applicable to most people. Only cases involving military deployment, age-out or sunset provisions, or other compelling situations such as critical medical conditions, are qualified for expedited handling. The new policy doesn't consider how long the name check has been pending, or whether a Writ of Mandamus (WOM) has been filed.

Actually means FBI won't care if you went to court and what court has said. Apparantly, this is no longer an option
Click to expand...

Well, all we can do now is wait and play it by the year. Very frustrating situation.
 
NC Pending since OCT 2003

My NC is pending since Oct 2003 . Twice got Email reply by FBI in 2005 confirming it was requested by USCIS and is still open and rest assured will be forwarded to USCIs as soon as completeted ..... Blagh Blagh.

Was told by Congressmans office last month that NC is still pending also confirmed by TSC multiple times.
Dont know what to do?. I am running out of patience.
 
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