Name Check pending status from USCIS

K

KGY

Registered Users (C)
I made a telephone enquiry to USCIS on March 25th, today I recived the letter that Background Check is open.Until Background check is completed we cannot move forward with the process. Wait for 6 month if nothing heppen then contact back.

Guys do I have any option here, any suggestion is appreciated. Do I need to sit and wait for 6 month. Please suggest.
 
Similar experience....

I am sorry, but this is very common at TSC. They send a notice which reads "Your background check is not complete.......". You can ask your lawyer to write them or just wait. I had similar experience.
Good luck.
 
I am very sorry to hear this. Unfortunately name/security check pending is a black hole.

However please try to find a sympathetic federal elected official who has jurisdiction of your metropolitan area (US representative or even better a US Senator). Explain to their office that CIS requires name check and its usually done in lesst than a couple of weeks. But in your case it has been two years (or whatever time it has been since your first FP). They should help.

Also try to cajole your lawyer into an AILA inquiry.

Both these techniques have been discussed in detail in this forum by many. Please search and find the information relevant to your case.
 
AggieCh said:
I am sorry, but this is very common at TSC. They send a notice which reads "Your background check is not complete.......". You can ask your lawyer to write them or just wait. I had similar experience.
Good luck.
Click to expand...

I got the similar letter in October 2005. Those people just send this so that you keep your mouth shut for next six months. It cant even be true that the case is pending in security check as I found out after six month wait in April. this year. When I called in April, the officer said to me that how can you get letter in october when your case was sent for security check in week of thanks giving ..that is in november end. So I have lost complete faith in these guys now. I did what I can do, like wrote a letter to VSC enclosing the copy of their october letter and enquiring about status of security check as well as my case. Mean while I had to apply for EAD renewal and AP for my family. So basically i ended up spending around 750 or more dollars ...just because i dont have the GC and now anxiously waiting for the EAD to come in time before June 20. Pray for me so that atleast my EAD comes in time.
 
Nikkasingh,
Can you tell us how long it takes to get a response to an AILA inquiry? My lawyer has initiated the inquiry 3 weeks ago and he says he has'nt heard anything since.

PD: Jan 2002
I485 RD: Jul 2003
NSC
EB2
 
Sorry to hear...

KGY said:
I made a telephone enquiry to USCIS on March 25th, today I recived the letter that Background Check is open.Until Background check is completed we cannot move forward with the process. Wait for 6 month if nothing heppen then contact back.

Guys do I have any option here, any suggestion is appreciated. Do I need to sit and wait for 6 month. Please suggest.
Click to expand...

I am on the same boat though.

I not sure what is my issue with INS. I have contact my congressman yesterday. Representative told me that It could be backgroud check delay. They will soon findout. Also, she said there two type of background checks done on cases and they picked up randomly. One is dometic background check and other one is overseas background check. If it overseas background check then it could take long time depend on your home country feedback.

Let hope for the best.
-------------------------------------------
EB2-RIR-India
PD - 06/2001
Concurrent file 140/485 RD 07/2004
140 AD - 02/2005
485 AD - ??????? LUD - 07/19/05

Done 2 EADs & APs and 3rd due in August.
FP1 - 03/2005 (Code1)
FP2 - 02/14/06 (Code3) No LUD change after that :mad:

Open a Formal inquiry with INS on 04/14/06 Nothing heard yet :mad:
Contacted Congressman yesterday. :confused:
 
Kgy!!

Your situation is exactly the same as mine except that your PD is current. I am also stuck in namecheck for over 2 years now. I have recently had my employers write to the FBI to expedite namecheck. I doubt that will do anything, and so far there has been no response. After my PD becomes current, I am thinking of waiting a little longer, and if no progress is made, the talk to some other lawyers about if any legal action should be considered. There may be no other choice, as I have written emails, sent faxes, certified letters, contacted Ombudsman, and the senator, and there is no progress or any response!!
 
Sad

ab kya karun said:
Your situation is exactly the same as mine except that your PD is current. I am also stuck in namecheck for over 2 years now. I have recently had my employers write to the FBI to expedite namecheck. I doubt that will do anything, and so far there has been no response. After my PD becomes current, I am thinking of waiting a little longer, and if no progress is made, the talk to some other lawyers about if any legal action should be considered. There may be no other choice, as I have written emails, sent faxes, certified letters, contacted Ombudsman, and the senator, and there is no progress or any response!!
Click to expand...

Looks like you may be current in June. Atleast you know what going with ur case. I did not have any information with case where it hold up. Hoping something soon.

Anyhow, Good luck with you case.
 
Thanks guys for all your support. So looks like to me that I can't do much just wait.
 
Help from senator

After having tried writing to FBI officials, USCIS Ombudsman, USCIS inquiries x 3, Infopass appointment and the local congressman, I wrote an email to the senator at 9 PM local time. Next morning, their staff was on the phone with me at 8 AM and today, I got a written response from their office that they are contacting FBI on my behalf.

Try this route, you may succeed.

I am stuck for the last 3 years + in this state of name check.

"Come back and check after 6 months" is the biggest lie!
 
Hi DL1CD,

Thanks for letting us know about this procedure, Can you please post us the draft which you sent to Senator, so that we can use the same format and send emails to my senator.

btw : How to find Senator email id for respective state ?

Regards,
TXLCRIR.
 
dl1cd said:
After having tried writing to FBI officials, USCIS Ombudsman, USCIS inquiries x 3, Infopass appointment and the local congressman, I wrote an email to the senator at 9 PM local time. Next morning, their staff was on the phone with me at 8 AM and today, I got a written response from their office that they are contacting FBI on my behalf.

Try this route, you may succeed.

I am stuck for the last 3 years + in this state of name check.

"Come back and check after 6 months" is the biggest lie!
Click to expand...
Good luck to you.
Here is the catch..if congressman's office takes keen interest..they can do it..they will have to follow up with FBI! but in general..they write to FBI and gets response and forward the same to us and wash their hands!! A status enquiry from congressman's office to FBI won't help to expedite name-check. I first contacted house representative, they contacted FBI and got response ..now the only additional thing I know is the date when FBI received request for security clearance from USCIS! I am trying through the senator and this time they contacted USCIS. I am waiting to see USCIS response to senator!

We need to do something collectively..(I485-cases stuck in name check)..regarding this retrohatao initiated a thread today. Let us see how much response/ideas we get. We can probably write to FBI together..
Good luck to all,
Toxsci
 
The FBI won`t approve our cases. The letter must go to Mr Gonzales, USCIS director.

Letter from VSC
Thursday, April 13, 2006
On 03/07/2006 you contacted us about your case.
" Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform ADDITIONAL REVIEW on this case and this has caused a longer processing time.If you do not receive a decision or other notice of action from us within 6 months of this letter, please call costumer service."
 
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I think the only best option is to collectively hire a lawyer like Rajiv Khanna and file a law suit against USCIS or FBI.
 
Worst Situation

Hi,

I am in even worse situation all my applications I-140/EAD/AP/I-485 are on hold due to security check. (Applied in 2003) (PD is current) Tried everything, like congressman/senator/writing letter/customer support calls. Nothing happned. Did receive a letter for 6 month wait a month ago in response to my last letter. I am extremely frustrated and would join you guys if you decide to file a joint law suite.

Please tell me how can I get atleast other applications approved besides I-485 so that my spouse can work and I can go and see my family in India. Fortunately, I continued on H1-B.

I really don't want to spend whole of my life waiting for GC.

Please help!!!!
 
take a infopass appointment and find out reg your applications,
or may be check with your employer reg I-140 approval, they dont change any message on other applications if I-140 gets denied or returned or any error in application. its better you check with employer and attorney first,
if you send I-485 application based on that they will give EAD, when the time comes to see I-485 then they will check for the other things. so its very clear that something is missing about I-140.
 
GC_marathon,

Its sad that some of us are caught up like that. I have the same problem. All my applications are also stuck. I had received a 6 mth letter in Nov. In fact I called them yesterday, they said I should get another letter within 30 days. Not sure what is going to happen.
 
Jee_S said:
take a infopass appointment and find out reg your applications,
or may be check with your employer reg I-140 approval, they dont change any message on other applications if I-140 gets denied or returned or any error in application. its better you check with employer and attorney first,
if you send I-485 application based on that they will give EAD, when the time comes to see I-485 then they will check for the other things. so its very clear that something is missing about I-140.
Click to expand...

Jee_S: I checked through the senator and the I-140 is in pending process. If there is something missing in I-140 why don't they send an RFE? I am also generating a query through employer now. I was also thinking about infoPass appointment. Let me see if that works. Thanks for your advice.

Sensat: I thought I was the only one with all the application held up. Can you throw more information about your cases with little history. May be we can help each other out. What have you done so far to get the status?

Thanks.
 
GC_marathon,

There are still couple more people who are in the same status as we are. I have a senator following up with the uscis every 30 days. I had asked them a status 6 mths back and they had sent me a letter saying if I dont hear anything from them in 6 mths, then give them a call.

I gave them a call last wednesday. They said they would research my case and give me a reply within 30 days.

My lawyer is also following up the case.

This is the background info abt my case.
 
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