More then 60 Days RFE No reply..

This complete FBI name check is news to me..

Does all application go through FBI name check? How do you know if yours is at that stage The reason I am asking is, I am waiting after replying to RFE for the decision. I am shcedule to visit India for 3 weeks (on 06/18). I am about to cancel my travel plan bcs 485 is not approved and I do not want to take chance of being out of country if it is denied. Teh reason I dfead denial is In between my EAD renewal I worked on expired EAD, the total days I worked without EAD are less then 60. The lawyer has explained the case and under 245 (K) it should not be problem. But for extra precaution she does not want me to travel outside country.. How valid is the fear of being AOS denied?

-Thanks
 
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if you leave the country withoust an APPROVED advance parole, the USCIS considers your case abandoned by you. The security check is not new and has been going on for several years. INS changed their approcal policy few years ago. They used to approve cases if 6 months was past after INS submitted the security check request to FBI and didn't hear back. They would basically take it as the person has clear background. after 911 INS canceled this policy and now requires a response back from FBI before approving any application.

i heard about my security check glitch thru my senator's office. although i already had a good guess that that was the case.
 
#EB3RIR_MO
Thanks,
I have approved Advance Parole. that's not the issue I was worried about 485 approval, Because of worked on expired EAD..
 
ok guys i have some to add to my story:

I received a fax from FBI yesterday idicating that FBI completed my record check and send it over to USCIS on September 24, 2003. If you remember, they told the lady from the senator's office that they are waiting for my security check!! BS! I called the lady and she called NSC right a away and got a confirmation that they have received the FBI response (to me it means they found it)! So I don't know where I go from here. Just wanted to share the rest of the story with you guys.

For your record, it took FBI a little over a month to get back with me. If you have a fax number leave that with them. it might be easier for them to use fax. I also faxed my inquiry. so you might want to try this option if leaving a voice mail has not worked yet.

As always, let me know if you have any questions.
 
What information you give FBI when requesting for name chack stauts? Your name. address and SSN ? or anything else. Do they have standard form which we can use
Thanks
jaysys
 
This is what I faxed and also got the response back.

From


To

FBI Name Check Section

Sub: Request for result of name check

I have applied for my I-485 (Green Card Process) on 25th Jun 2002. I understand my case may be waiting for a security name check. Please inform me the status of the check. You may e-mail me, call me or leave me a voice mail.

My details:

Last Name -
First Name –
Date of Birth –
Alien #
Ph.:
Email:


Thank you.

Yours sincerely,



-sk
 
Finally got a reply from FBI (called them mid April, faxed them mid May). My wife's record check was completed Dec 2002. But mine is pending. FBI's email for my case reads:

".............We received a request from the U.S. Citizenship and Immigration Services for you on December 31, 2003, and it is currently pending. I am sorry we are unable to be of more assistance at this time."

So, I can absolve USCIS at present. They issued an RFE and received my response in Dec '03. It seems that they issued another request for my record check soon thereafter, and FBI is the one that is holding it.

Does anyone know what the worst case turnaround time is for a record check (i.e. even if the FBI has to investigate, what is their stated turn around time)? I remember reading somewhere that it's 120 days, but it could be 180 days. I am not too sure.
 
Thanks for updating us frodo. My spouse got a call in 10 days after putting in request for name check status and said it was done in Jan 2003. (This was 2.5 months ago). And I never got any reply even after 2.5 months (4 reqs - 2 voice mails + 2 fax req). I guess my name check is still pending with FBI just like you. Its been 8 months since I replied to my RFE and I am the primary applicant.
 
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Atlast after repeated requests I received a letter from FBI advising me of my name check completion on Jan 12, 2003. Here is what the letter says
"This is in reference to your facsimile dated May 14, 2004 concerning your immigration status. The FBI completed a record check for you on January 12, 2003, and the results were forwarded to the U.S. Citizenship and Immigration services.

Sincerely yours
.....
"
So now I know my I-1485 is not pending coz of name check, so what else ??????
 
It seems you have all the stuff cleared (FP, name check, RFE). What is the wait for then?

From your earlier mails, I assume you have contacted Congressman/senators. Did you get any feedback about the delay? Your delay seems a lot interesting and confusing.

-sk
 
I did contact senator's office on Monday (06/07/2004) but as of yesterday they haven't got any response yet. Its really frustating not really knowing whats going on?
 
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