Parent GC stuck in background check

bwong

Registered Users (C)
I have gone through all posts in the parent GC thread and looks like I’m the unlucky one. I am US citizen and applied GC for my Dad. Here’s the time line:

- Mailed application (I-130, I-485 and I-131 etc.) 02/2008
- FP in 03/2008
- FP again in 04/2008 since FBI can not process the first one
- Case transferred to CSC in 04/2008
- Got AP in 04/2008
- No update since that. Online status always says case pending at CSC.
- Called 1-800 number in 01/2009 and later got a letter saying case is under background check.

Now my questions are:

(1) My Dad went back to home country for about 9 months (07/2008 – 04/2009) and is back to US now. Would this contribute to the delay in his case? He has no overstay or anything else unusual.

(2) If his case is stuck at background check, is there anything I can do to speed it up? I’ve heard people talking about suing the USCIS? Is this useful? How do I do that?

Has anyone out there been through the same long waiting period, particularly stuck at the step of background check? How did you get out? I would really appreciate your insight on this. Thanks!!!
 
A1: No. His absence from the US does not add delay to his background check.
A2: There is nothing you can do at the moment but wait.

(1) My Dad went back to home country for about 9 months (07/2008 – 04/2009) and is back to US now. Would this contribute to the delay in his case? He has no overstay or anything else unusual.

(2) If his case is stuck at background check, is there anything I can do to speed it up? I’ve heard people talking about suing the USCIS? Is this useful? How do I do that?
 
When does one get an infopass ?
Does infopass help in such cases?
What are recourses available to applicants when the case takes way beyond the announced time frames for processing as per USCIS website?
 
infopass helps in most cases , even if it doesnt , its worth a try, I think you should make an infopass every month just to show them that you exist and try speaking to a supervisor each time you go there
 
When does one get an infopass ?
Does infopass help in such cases?
What are recourses available to applicants when the case takes way beyond the announced time frames for processing as per USCIS website?
My own gc case got stuck for 4 years back in 2002. Do info pass frequently like others suggested. If the processing times have passed, write letter to your congressman. Also contact USCIS ombudsman office if the published timeframe has passed. Contact them bunch of times (not just once). In extreme case write letters to all officials including Mr.President - saw templates in these forums.
 
Thank you all for your suggestions. I have scheduled infopass for tomorrow morning.

absrao,

For your case, which step were you stuck at? Was it background check as well? What got you out of that? infopass or write to congressman or did you do everything you wrote above?

Thanks!!!
 
Thank you all for your suggestions. I have scheduled infopass for tomorrow morning.

absrao,

For your case, which step were you stuck at? Was it background check as well? What got you out of that? infopass or write to congressman or did you do everything you wrote above?

Thanks!!!

In my case, they never even told me where I got stuck. I took it easy for 2 years as we were moving and relied too much on USCIS 'wait for another 90 days before inquiring' bull. After two years, I got fed up and start doing infopass, then wrote to congressman and then started to send series of letters to ombudsman office. Even today, I am not sure why the file was stuck, but 6 months into I started to follow up with Ombudsman, my interview was finally scheduled.

So, there is no guarantee that something will happen, but doing something is better than depending on USCIS to follow through.
 
Top