Pending FBI Name Check

S

schak

Registered Users (C)
Our I-485 is hanging only due to the pending FBI name check. My name check pending since Nov, 2003. But my wife's case was cleared on the same day.

Contacted FBI director, Senator, Congressman. Got a nice reply from EVERYBODY citing the same reason why it is delaying, BUT WITH NO HOPE.

The bottomline is that FBI do not know when they will take up the case. No expedite request.......bla bla.

GURUS in these forum can help on this.
 
At this stage u already have their response, consider yourself lucky as many shared they are still in dark and have no response what is going on,

So all I can share is 'Practice your faith (whatever u beliefs are on). Pray and be hopeful,

One thing was found on websites is that they do have criteria u may read these on here at Khana's site and detail of criteria post on other sites.

(Yaaar, ...Mazzrat kay saath........khana Sahab thoryy say kanjooss lagtay hain khabroon/News kay mamlay main ..... :D :D - )

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http://www.immigration.com/newsletter1/cscupd111803.html

Division I (I-131, I-140, I-485, I-526, I-529)

Delay in IP (Indices Popular) security checks.

The name check is created at the time the application is data entered into the local computer system and then forwarded to the FBI. The center cannot proceed until the results are complete. The center has an expedite process put up for cases that will age-out or sunset. Only cases that meet the expedite criteria is accepted by the FBI and only in few numbers

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------------------------------ The Criteria -----------

The Criteria news was published on other website.

You may also find some general news on expedite namecheck on Rajiv Khana site/ immigration.com too. check the above link.


Criteria detail news source link:
http://www.usvisainfo.com/pageDisplay.php?docID=87&a=164

USCIS has advised the following FBI Name Check Expedite Criteria. One of the following criteria must be met in order for USCIS to expedite the check:
Military deployment must be imminent;

[BAge-out benefits (not covered by the Child Status Protection Act); [/B]

Writ of Mandamus--lawsuit pending in Federal Court;

Immigration Judge cases--grant of lawful permanent residence; and
Compelling reasons as provided by the requesting office (i.e. critical medical condition) assessed on a case by case basis. [/COLOR]
So, if your case has been delayed solely for the FBI name check for an unreasonable period of time, check with an expert attorney about whether you may be able to expedite the clearance through one of the above means. We will update you as information becomes available.

Posted: 8/1/05

The source of the above post :

http://www.usvisainfo.com/pageDisplay.php?docID=87&a=164

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Good Luck
 
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schak said:
Our I-485 is hanging only due to the pending FBI name check. My name check pending since Nov, 2003. But my wife's case was cleared on the same day.

Contacted FBI director, Senator, Congressman. Got a nice reply from EVERYBODY citing the same reason why it is delaying, BUT WITH NO HOPE.

The bottomline is that FBI do not know when they will take up the case. No expedite request.......bla bla.

GURUS in these forum can help on this.
Click to expand...

Hi Schak,

Our Name Checks are also pending since Oct 2003, filed 485s in Sept 2003. We sent letters to our senator and FBI director yesterday. Did you contact them for name check status or expediting it ? What is FBI response ? Is it stuck in security clearance or they haven't started it yet ?

Thanks,
Taporee
 
Interesting. I have questions for both of you, having the FP unprocessed since 2003. How do you know your specific FP has not been processed and is still in the FBI? Has the FBI admitted it? If so, have you further asked why it took such a long time without processing?
 
FBI Name check

Thanks POJ. Its great that you are always there with your help.


Taporee and others,

1.) First I came to know about our FBI Name check status from a reply from FBINNCP@ic.fbi.gov in Jan., 2005. Since then, I am trying to contact each and every person in the earth to expedite it.

2.) In Feb. 2005, Wrote to USCIS director. Got reply that FBI name check pending for me. My wife's got cleared on 2003. Since I am the primary applicant, they can not process our case.

3.) Ask for FOIPA, received. No record of my name in FBI central data system.
4.) Wrote to Cannon/Hardy, no reply.

5.) 2 weeks later, Wrote a very modest, but convincing letter Hooton. Asked Senator to help us. Within a week, got a usual reply from FBINNCP that FBI received 2.2 million case in 2002-2003. 99.8% are resolved. Till the rest of case do not get cleared, they will not take other case.

6.) From Senator, I did not get any help.

7.) I contacted local Congressman. Within 2 weeks, I got a very nice letter from Hooton why my case is pending. The reasons are same as the email reply.

They will not expedite my case untill the rest of the cases are cleared.

8.) Now keeping in touch with congressman and Senator.

Thats my story.

Have fun. Keep patience.

Have a nice long weekend.
 
Thanks Schak for sharing your experience in detail.

After reading it, I'm now keeping my fingers crossed for my name check expedite requests sent to fbi and senator.

If FBI received 2.2 million case in 2002-2003, how can they justify about the name check clearance of people who filed their 485s in 2004 and already got approvals ? Accroding to that theory, all 2004-05 I-485 filers should have been stuck in their name check too if FBI still has not cleared 2002-03 backlog. This is real BS!!!
 
Its an excuse

taporee said:
Thanks Schak for sharing your experience in detail.

After reading it, I'm now keeping my fingers crossed for my name check expedite requests sent to fbi and senator.

If FBI received 2.2 million case in 2002-2003, how can they justify about the name check clearance of people who filed their 485s in 2004 and already got approvals ? Accroding to that theory, all 2004-05 I-485 filers should have been stuck in their name check too if FBI still has not cleared 2002-03 backlog. This is real BS!!!
Click to expand...

taporee,

It is obvious that the 2.2 million requests received is just an excuse being used by the FBI. They will never admit that they may have mishandled some name check requests. They will use any excuse to cover up their own incompetencies. Even lawyers are in on these coverups. When my AP was not processed for over 7 months and I made some inquiries, the TSC and my lawyer informed me that my AP was pending because of "security checks". Even I know that there is no security check for AP and when I confronted my lawyer about it she had nothing to say. I finally got to the bottom of this and found that the TSC had actually lost my AP application. I got a written letter from TSC stating that they could not find my application. Their first reaction was to just use the "security check" excuse.

My point is that one should not believe everything one hears from the TSC, FBI or their lawyers. In cases that are long delayed, all of these people are covering their own behinds by feeding us ridiculous excuses. Their hope is that we will buy those excuses and will not bother them till they can figure out exactly what to do with the case.

regards,

saras76
 
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my talk with Congressman

Hi everybody & Saras..,

This is the summary of my discussion with Congressman's Office

The FBI name check is normally get cleared automatically (90%). Only those name struck in the electronic compilation (which FBI called a HIT) needs the manual approval. Then the problem arises. As per my discussion, FBI is shortage of manpower in this category of the job. So those name, who are a HIT, are very unfortunate and have to wait till they looked into manually.

My Congressman's office Director has told me that they had prior information (a couple of months back) where FBI had 8000 cases pending which roughly matches the number of 0.2% of 2.2 million.

So chew your finger and wait untill your case..............

Have fun.
 
It is really surprising that such old cases are still pending. My search for receipt dates and approval dates at the www.immigrationwatch.com shows so many I-485 cases with RD in 2005 approved. This means they got security checks cleared before the other pending cases. How can this happen? Does it mean they leave all old 485 applications and start processing new ones? This is really disturbing. Please share views
 
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Same situation!!

I am in a similar situation. I just got a response to an inquiry from TSC saying that my 485 is pending security check. I have contacted the congressman and emailed and sent regular letters to FBI and Ombudsman about the delay in processing of my case, but have not heard back so far. Also the worst part is not having any timeframe in when to expect any progress from FBI. I am concerned that we may be stuck in limbo for several months and may be few more years.

Is anybody aware of any lawsuits against FBI or TSC for such situations? Has anybody done that sucessfully?
 
I would not wait for years ...

ab kya karun said:
I am in a similar situation. I just got a response to an inquiry from TSC saying that my 485 is pending security check. I have contacted the congressman and emailed and sent regular letters to FBI and Ombudsman about the delay in processing of my case, but have not heard back so far. Also the worst part is not having any timeframe in when to expect any progress from FBI. I am concerned that we may be stuck in limbo for several months and may be few more years.

Is anybody aware of any lawsuits against FBI or TSC for such situations? Has anybody done that sucessfully?
Click to expand...

For all those that are stuck in this never ending cycle of "Name Check" delays, I would not wait for years to get some resolution. If your filing date exceeds a year or more of the current processing date then there is good reason to sue the USCIS. I know this is not a favored solution but exactly how long do these agencies want people to wait? What is to say that the "Name Check" will ever be completed? I know it sounds impossible but I firmly believe that there is only so much waiting around one can do. I have made up my mind that if within a year (AT MOST) my case is not approved I will be suing the USCIS. I do not know if my case is stuck in the name check process but it has gone through a lot of bull at the hands of these incompetent agencies.

regards,

saras
 
schak said:
Hi everybody & Saras..,

This is the summary of my discussion with Congressman's Office

The FBI name check is normally get cleared automatically (90%). Only those name struck in the electronic compilation (which FBI called a HIT) needs the manual approval. Then the problem arises. As per my discussion, FBI is shortage of manpower in this category of the job. So those name, who are a HIT, are very unfortunate and have to wait till they looked into manually.

My Congressman's office Director has told me that they had prior information (a couple of months back) where FBI had 8000 cases pending which roughly matches the number of 0.2% of 2.2 million.

So chew your finger and wait untill your case..............

Have fun.
Click to expand...

Ah I see! Now it makes sense. If your name check is stuck due to a "hit" then there is a backlog and your name has to be manually cleared !!!

However, FBI can charge some fees for expediting name check requests and use that money to hire more people to handle those requests. I won't mind paying the extra fees to FBI than paying for the ridiculous annual EAD and AP applications !!!


Saras,

You might want to find out if your name check has been completed. I called TSC twice to confirm that my name is indeed pending. Morever, I received a letter from TSC after I called NCSC for status inquiry.

Taporee
 
I will find out soon

taporee said:
Ah I see! Now it makes sense. If your name check is stuck due to a "hit" then there is a backlog and your name has to be manually cleared !!!

However, FBI can charge some fees for expediting name check requests and use that money to hire more people to handle those requests. I won't mind paying the extra fees to FBI than paying for the ridiculous annual EAD and AP applications !!!


Saras,

You might want to find out if your name check has been completed. I called TSC twice to confirm that my name is indeed pending. Morever, I received a letter from TSC after I called NCSC for status inquiry.

Taporee
Click to expand...

Taporee,

I have had very bad experiences of calling the TSC and my lawyer has requested me to not call them till atleast October. I have been given all sorts of wrong updates that have caused a lot of stress.

My case just recently went past the official processing dates so now I can put in a official inquiry into TSC. My case is complicated because the TSC transferred it to the wrong local office. Ever since that dreaded transfer it has been an uphill battle for me and my wife. Just recently my online 485 status changed to state that the case is back at TSC. I am hoping that all the problems have been resolved and that October will be "THE" month. If nothing happens in October, I will begin phone, AILA, Ombudsman and Congressman inquiries.

regards,

saras
 
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