prakashtirupati
Registered Users (C)
yes, placed the serivce request thru 1-800 number on 20th of this month , the reply from USCIS is dated 24th , so it took only 4 days for the reply, planning to make another Infopass appointment this week.
Post March 10 thread - lets track what response each of us are getting
- Thread starter question11
- Start date
yes, placed the serivce request thru 1-800 number on 20th of this month , the reply from USCIS is dated 24th , so it took only 4 days for the reply, planning to make another Infopass appointment this week.
question11
Registered Users (C)
Called TSC and the only thing that the lady said was "You case is pending" we cannot say anything more....
prakashtirupati
Registered Users (C)
i got the same message on my last 2 Infopass appointments "pending decision by immigration officer"
question11
Registered Users (C)
Extended review
Here is some information for those of us who are waiting well beyond processing times. Looks like it is stuck in the IBIS Checks because Name check by FBI is no longer an issue and you can easily call the FBI number to call to check if your fingerprint is cleared (304-625-5590). If you take a infopass clearly ask them the following:
1. Has your case been pre-adjucated and is it pending IBIS check?
2. How long has this extended review being going on?
----
Posted at http://boards.immigrationportal.com/showthread.php?p=1767212
10.3 General Adjudication Procedures [Revised 08-09-2006]
The following steps generally apply to all cases processed by the adjudications unit within a service center or local office (including all naturalization and nationality applications). Depending upon local procedures, these steps may be handled by a single adjudicator, or they may be broken down according to task with various tasks being handled by different employees.
(a) Case Review . Each case must be thoroughly reviewed to determine jurisdiction, presence of required supporting documentation, existence of relating files and basic statutory eligibility. If there is a relating A file, whether or not reviewed, endorse the file number on Forms I-94 and the petition or application if they have not already been so noted.
(b) IBIS Checks . The Interagency Border Inspection System (IBIS) is a multi-agency effort to improve border enforcement and facilitate inspections of applicants for admission into the United States. Its usage was recently expanded to include background investigations on persons seeking immigration benefits. A complete IBIS query also includes a concurrent check of the NCIC Hot Files. An approved NCIC check queries the following databases:
Wants and Warrants
Missing Persons
Violent Gang and Terrorists
Protection Order File
Registered Sexual Offender
Secret Service Presidential Protection
Foreign Fugitives
Deported Felons and
Supervised Release File.
At this time, NCIC III checks are not permitted by the FBI in the benefits arena.
IBIS queries are conducted to assist law enforcement agencies to identify risks to the community and/or to national security and to prevent ineligible aliens from obtaining immigration benefits. Employees working with benefit applications in application support centers, asylum offices, district offices, and service centers, who have the required security clearances for the Interagency Border Inspection System (IBIS), and who have been trained and certified, currently conduct IBIS queries as part of the adjudication process. More specific procedural information on IBIS queries is contained in the Immigration Services Division (ISD) IBIS SOP, which is located in Appendix 10-6 of this field manual.
(1) General requirements . Except as provided in paragraph (b)(2), an application or petition shall not be approved or revalidated until the name (to include aliases) of the petitioner, applicant, beneficiary, and the names of any spouse and children who will derive an immediate benefit through their relationship (without filing a separate application) have been checked against IBIS, in accordance with the procedures. If such a check reveals the existence of relating files, or other information, they shall be obtained and considered before making a determination upon the application or petition.
An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt. In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of the IBIS query indicates it is no longer current (i.e. more than 90 days old):
· At the time of decision; (Our cases comes under this category)
Prior to final decision, checks must be performed on additional names or alternate DOB’s that become known during the adjudicative process. Officers reviewing USCIS files and the results of IBIS checks must determine whether aliases and variations on name spellings appear in the file and if so, initiate IBIS checks on all discovered aliases and name variations.
The Record of IBIS Query (ROIQ) form must be used to record all names that are queried, the date of the query, and the basic result of those queries. A new ROIQ must be completed for each separately filed application.
All names on the ROIQ must have current checks (i.e. no older than 90 days) in order for the adjudication to proceed to final decision. The outcome of the IBIS query is annotated in one of three blocks:
· IBIS OK indicates there was no match for the search criteria listed.
· IBIS DNR indicates that although a match exists, it does not relate to the queried name.
· IBIS REF indicates that the case was referred for resolution of a positive result(s).
Annotations should include the initials, or unique employee ID number, of the person completing the query and the date it was performed. If the checks are completed as part of a batch process, the date the result was posted in Claims History will be annotated in the Batch Number/Date block.
A Resolution Memorandum is used to document the reconciliation of an IBIS positive result. This is a mandatory action completed prior to rendering an adjudicative decision and is annotated in the appropriate box on the ROIQ.
(2) Exceptions . The IBIS system does not need to be checked prior to approval with respect to any applicant, beneficiary or dependent if:
· He or she is under 14 years of age at the time of approval or denial of the application or petition;
· An IBIS check has been performed and found to be negative on the same application or petition, or a concurrently-filed application or petition, involving such individual within the previous 90 days;
· He or she is a beneficiary on a nonimmigrant visa petition and the names of the beneficiaries are unavailable at the time of adjudication, e.g., an H-2A petition or an H-2B petition filed in accordance with 8 CFR 214.2(h)(2)(iii) .
(c) Other Records . A check of the Headquarters records may also be made with respect to the applicant, petitioner or beneficiary, but only when it is believed such a check would produce pertinent information. See Chapter 3(B)(1) of the Records Operations Handbook for information on checking other records.
Any further action that may be required, short of approval of the petition, shall not be delayed while the request for the Headquarters record check is pending.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
When I spoke to IO/SR in NSC yesterday, she explained me "Additional/Extended Review" means waiting for results within USCIS or from other USCIS related agencies and it should be done for every single application.
So I believe every application has to go through these checks, but the time to get results are vary depends on application/person.
Every application has to pass three different checks....
1. Name Check : This will be done by FBI, which takes from 2 months to 5 years....(I guess)
2. FBI finger prints : This will be done in ASC and results will be submitted by FBI to USCIS.
3. IBIS Check : This will be initiated by ONLY Service center or Local office where your application is in process. If your application is in Service center/local office then only that office can see your query or results. This will be completed when you submit your application, but results only valid until 90 days and will check again when your application is ready to be adjudicated. I don't think it will take more time since it has been done initially.
So most of the times we hear our security check has been done in Infopass, but when you call Service center, they inform our security checks are in pending... When you hear your security checks completed in Infopass, it has been completed only 1 out of 3. the other two should be initiated and hear the results only in service center or local office where your application is in pending.
In general we combine 1, 3 and calling them are security checks.... even though first one is done, our security checks are not done fully since third one is in process/pending.
That is the reason why some times local office said your checks are done, but Service centers says it is in pending.....
This is only my guess and welcomes all comments on this.
---
Here is some information for those of us who are waiting well beyond processing times. Looks like it is stuck in the IBIS Checks because Name check by FBI is no longer an issue and you can easily call the FBI number to call to check if your fingerprint is cleared (304-625-5590). If you take a infopass clearly ask them the following:
1. Has your case been pre-adjucated and is it pending IBIS check?
2. How long has this extended review being going on?
----
Posted at http://boards.immigrationportal.com/showthread.php?p=1767212
10.3 General Adjudication Procedures [Revised 08-09-2006]
The following steps generally apply to all cases processed by the adjudications unit within a service center or local office (including all naturalization and nationality applications). Depending upon local procedures, these steps may be handled by a single adjudicator, or they may be broken down according to task with various tasks being handled by different employees.
(a) Case Review . Each case must be thoroughly reviewed to determine jurisdiction, presence of required supporting documentation, existence of relating files and basic statutory eligibility. If there is a relating A file, whether or not reviewed, endorse the file number on Forms I-94 and the petition or application if they have not already been so noted.
(b) IBIS Checks . The Interagency Border Inspection System (IBIS) is a multi-agency effort to improve border enforcement and facilitate inspections of applicants for admission into the United States. Its usage was recently expanded to include background investigations on persons seeking immigration benefits. A complete IBIS query also includes a concurrent check of the NCIC Hot Files. An approved NCIC check queries the following databases:
Wants and Warrants
Missing Persons
Violent Gang and Terrorists
Protection Order File
Registered Sexual Offender
Secret Service Presidential Protection
Foreign Fugitives
Deported Felons and
Supervised Release File.
At this time, NCIC III checks are not permitted by the FBI in the benefits arena.
IBIS queries are conducted to assist law enforcement agencies to identify risks to the community and/or to national security and to prevent ineligible aliens from obtaining immigration benefits. Employees working with benefit applications in application support centers, asylum offices, district offices, and service centers, who have the required security clearances for the Interagency Border Inspection System (IBIS), and who have been trained and certified, currently conduct IBIS queries as part of the adjudication process. More specific procedural information on IBIS queries is contained in the Immigration Services Division (ISD) IBIS SOP, which is located in Appendix 10-6 of this field manual.
(1) General requirements . Except as provided in paragraph (b)(2), an application or petition shall not be approved or revalidated until the name (to include aliases) of the petitioner, applicant, beneficiary, and the names of any spouse and children who will derive an immediate benefit through their relationship (without filing a separate application) have been checked against IBIS, in accordance with the procedures. If such a check reveals the existence of relating files, or other information, they shall be obtained and considered before making a determination upon the application or petition.
An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt. In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of the IBIS query indicates it is no longer current (i.e. more than 90 days old):
· At the time of decision; (Our cases comes under this category)
Prior to final decision, checks must be performed on additional names or alternate DOB’s that become known during the adjudicative process. Officers reviewing USCIS files and the results of IBIS checks must determine whether aliases and variations on name spellings appear in the file and if so, initiate IBIS checks on all discovered aliases and name variations.
The Record of IBIS Query (ROIQ) form must be used to record all names that are queried, the date of the query, and the basic result of those queries. A new ROIQ must be completed for each separately filed application.
All names on the ROIQ must have current checks (i.e. no older than 90 days) in order for the adjudication to proceed to final decision. The outcome of the IBIS query is annotated in one of three blocks:
· IBIS OK indicates there was no match for the search criteria listed.
· IBIS DNR indicates that although a match exists, it does not relate to the queried name.
· IBIS REF indicates that the case was referred for resolution of a positive result(s).
Annotations should include the initials, or unique employee ID number, of the person completing the query and the date it was performed. If the checks are completed as part of a batch process, the date the result was posted in Claims History will be annotated in the Batch Number/Date block.
A Resolution Memorandum is used to document the reconciliation of an IBIS positive result. This is a mandatory action completed prior to rendering an adjudicative decision and is annotated in the appropriate box on the ROIQ.
(2) Exceptions . The IBIS system does not need to be checked prior to approval with respect to any applicant, beneficiary or dependent if:
· He or she is under 14 years of age at the time of approval or denial of the application or petition;
· An IBIS check has been performed and found to be negative on the same application or petition, or a concurrently-filed application or petition, involving such individual within the previous 90 days;
· He or she is a beneficiary on a nonimmigrant visa petition and the names of the beneficiaries are unavailable at the time of adjudication, e.g., an H-2A petition or an H-2B petition filed in accordance with 8 CFR 214.2(h)(2)(iii) .
(c) Other Records . A check of the Headquarters records may also be made with respect to the applicant, petitioner or beneficiary, but only when it is believed such a check would produce pertinent information. See Chapter 3(B)(1) of the Records Operations Handbook for information on checking other records.
Any further action that may be required, short of approval of the petition, shall not be delayed while the request for the Headquarters record check is pending.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
When I spoke to IO/SR in NSC yesterday, she explained me "Additional/Extended Review" means waiting for results within USCIS or from other USCIS related agencies and it should be done for every single application.
So I believe every application has to go through these checks, but the time to get results are vary depends on application/person.
Every application has to pass three different checks....
1. Name Check : This will be done by FBI, which takes from 2 months to 5 years....(I guess)
2. FBI finger prints : This will be done in ASC and results will be submitted by FBI to USCIS.
3. IBIS Check : This will be initiated by ONLY Service center or Local office where your application is in process. If your application is in Service center/local office then only that office can see your query or results. This will be completed when you submit your application, but results only valid until 90 days and will check again when your application is ready to be adjudicated. I don't think it will take more time since it has been done initially.
So most of the times we hear our security check has been done in Infopass, but when you call Service center, they inform our security checks are in pending... When you hear your security checks completed in Infopass, it has been completed only 1 out of 3. the other two should be initiated and hear the results only in service center or local office where your application is in pending.
In general we combine 1, 3 and calling them are security checks.... even though first one is done, our security checks are not done fully since third one is in process/pending.
That is the reason why some times local office said your checks are done, but Service centers says it is in pending.....
This is only my guess and welcomes all comments on this.
---
prakashtirupati
Registered Users (C)
i went on infopass today morning , the officer says the file been sent to NBC on january 29th , the case is pending with them
question11
Registered Users (C)
Maybe now that we know for many people when a case is pending beyond normal processing time it means that the case is under "extended review" we should start a thread - trackit... extended review (past 180-days).
waiting_aos
Registered Users (C)
Question11
We were pre adjudicated in August 2006, our applications are waiting 3.5 years.
I have a feeling that our cases are archived as well. When I called NSC the answer that I get is 'not with the officer'.. 'be patient', 'wait until April 30 or May 1st' blah, blah, blah
So tired of all this mess...
Something needs to be done to trigger the retrieve of our cases from the 'records'. Not sure how to accomplish that.
WOM - Writ of Mandamus, educate yourself and file pro se or let lawyer do it. Mega thread on the WOM - http://boards.immigrationportal.com/showthread.php?t=194681
Question11
Something needs to be done to trigger the retrieve of our cases from the 'records'. Not sure how to accomplish that.
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waiting_aos
Registered Users (C)
Wom
The whole process is frustrating - from one black hole to another
Jeff, are you going to file WOM as well?
We are going to wait until April 30 and then probably file WOM. Already contacted Murthy office for that.
The whole process is frustrating - from one black hole to another
Jeff, are you going to file WOM as well?
question11
Registered Users (C)
How much does it cost to hire a lawyer?
Depending on the lawyer anywhere from $1000-4000 and up. The actual fee to file if you decide to do pro se is $350 I think.
I've been reading this mega thread on WOM and wanted to file pro se but due to lots of personal issues I won't have time to do all the research and reading therefore, I called up few lawyers. And the least amount that was asked from one lawyer $2500+fee. I got also $3800+fee. Don't know what magic the other one was going to do ....but get this....right on the day when I first heard about the Feb4 memo, another lawyer who I called couple of days prior to check on their price...sent me an email to sign whatever agreement...and when I read..I was just shocked...they were asking $10,000.00!!
And of course what do I do? I wrote a nasty email back. And I really said- you guys are just unbelievable- that lawyer actually sent me few emails asking to sign that agreement. She also cc ed all her co-workers...I wonder how she felt when she read my email. I was just majorly disgusted.
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Okay wanted to post an update on my inquirey to congressman's office:
For the last couple of weeks I have sent *few* emails to a lady who deals with immigration issue at my local cong. office. Anyway, so finally today she replied to me and this is what she wrote:
Ms. yada yada yada:
I just spoke to the WAC(CA SVC.CTR.)was advised that you have made
several phone calls (every other day)the file is with an adjudicator as
of today and its "UNDER REVIEW";there's no time frame on this PLEASE
give it 15-30 days for this review; there's a possibility that the
officer can send you an "RFE"(REQUEST FOR ADDITIONAL EVIDENCE);because
the last time any update has been made its been NOV.2004; KEEP ME
POSTED.
Obvioulsy, I was happy. But am worried to that yes, I did call Cali Svc Center...but not every other day I called once every week...and last time the guy who answered my call said "you are ahead of the game...as I see you called several times"....I just wanted to say, first of all, it's not a game and then if I were ahead of the game then I would have gotten my card 3 years ago...just stop it now.
So, I called every other day is a BIG FAT LIE. And then not sure about RFE, cause I did get a request for RFE last August 07, and I sent my response and on USCIS website it does say that they got RFE on October 10, 07 and processing has resumed. So telling that lady that last time something posted on my case was Nov, 2004-ummm...don't get it at all.
On the plus side- I do hope this is gonna work- as the same lady helped with my husband's citizenship case as his name check was pending for 5 years and once it cleared after 5 years they without sending oath letter sent his case to archiving... So, this lady called and requested to send the case back to NYC, and within 2 months he got the oath letter.
So, hopefully, this time it will work too. But tomorrow I'm gonna reply to this lady saying what a bunch of liars those people at USCIS are.
For the last couple of weeks I have sent *few* emails to a lady who deals with immigration issue at my local cong. office. Anyway, so finally today she replied to me and this is what she wrote:
Ms. yada yada yada:
I just spoke to the WAC(CA SVC.CTR.)was advised that you have made
several phone calls (every other day)the file is with an adjudicator as
of today and its "UNDER REVIEW";there's no time frame on this PLEASE
give it 15-30 days for this review; there's a possibility that the
officer can send you an "RFE"(REQUEST FOR ADDITIONAL EVIDENCE);because
the last time any update has been made its been NOV.2004; KEEP ME
POSTED.
Obvioulsy, I was happy. But am worried to that yes, I did call Cali Svc Center...but not every other day
I called once every week...and last time the guy who answered my call said "you are ahead of the game...as I see you called several times"....I just wanted to say, first of all, it's not a game and then if I were ahead of the game then I would have gotten my card 3 years ago...just stop it now.So, I called every other day is a BIG FAT LIE. And then not sure about RFE, cause I did get a request for RFE last August 07, and I sent my response and on USCIS website it does say that they got RFE on October 10, 07 and processing has resumed. So telling that lady that last time something posted on my case was Nov, 2004-ummm...don't get it at all.
On the plus side- I do hope this is gonna work- as the same lady helped with my husband's citizenship case as his name check was pending for 5 years and once it cleared after 5 years they without sending oath letter sent his case to archiving...
So, this lady called and requested to send the case back to NYC, and within 2 months he got the oath letter.So, hopefully, this time it will work too. But tomorrow I'm gonna reply to this lady saying what a bunch of liars those people at USCIS are.
rollingstone
Registered Users (C)
So they DO keep track of how many phone calls you have made to cust. service. Wonder if it affects the adjudication process...
Oh my God!!!!
Oh my God Oh my God Oh my God!!!
I can't believe this and at the same time little weired out. Just receive this :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On March 27, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
So congressman's office lady did do the work!!! How sweet of her!!! She really helped us twice!!
Ok, weired out with the ADIT process thing! Anyone knows what is that? I already told the whole world, meaning family and husband, who is back home at this moment. But I hope I didn't jinx it!
After 8 years, back then hubby was a gc holder....it happened!!
Oh my God Oh my God Oh my God!!!
I can't believe this and at the same time little weired out. Just receive this :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On March 27, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
So congressman's office lady did do the work!!! How sweet of her!!! She really helped us twice!!
Ok, weired out with the ADIT process thing! Anyone knows what is that? I already told the whole world, meaning family and husband, who is back home at this moment. But I hope I didn't jinx it!
After 8 years, back then hubby was a gc holder....it happened!!
I really don't think those regular cs people at 1-800 do log who called how many times.
With me, I've always talked to cs people AT Cali Svc Center, where my case is right now. And for some weird reason I've always seen that there is a LUD change the day I when I call them and next day. Every single time it happened!
ETA- I actually sent a letter to District Director the other day! But she hasn't receveid it yet though. And I wrote another letter to Ombudsman, which I was going to mail tomorrow! Thankfully don't have to do that!
Thanks everyone for all the precious info!!
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St. Field office director:
Denise Frazier
My case in St. Paul too, I got approval after filing the lawsuit.
Congrats Feb2005!
I'll add my 2 cents. I just wanted to echo what franticsky said. It seems like writing to the District Director works (it likely did in my case). I also wrote to my interviewing officer. I wrote to these people immediately after the memo came out.
Now, if your file is not at the local do, then I suppose that the director may not be able to intervene directly. The people at the infopass counters just seem to want to send people away and tell them to wait. I think thats what they are told to do, they cannot lift a finger or intervene on your behalf, even though they know the files are pretty much ready for adjudication.
I suggest that you people keep writing (via certified USPS) every other week to the DO and IO. In the subject line, refer to the number of times written before, eg. "3rd letter with reference to ABC". This way even if you have to do a WOM, you'll have documentation of how many times you've tried.
Good luck, and remain persisent!
I'll add my 2 cents. I just wanted to echo what franticsky said. It seems like writing to the District Director works (it likely did in my case). I also wrote to my interviewing officer. I wrote to these people immediately after the memo came out.
Now, if your file is not at the local do, then I suppose that the director may not be able to intervene directly. The people at the infopass counters just seem to want to send people away and tell them to wait. I think thats what they are told to do, they cannot lift a finger or intervene on your behalf, even though they know the files are pretty much ready for adjudication.
I suggest that you people keep writing (via certified USPS) every other week to the DO and IO. In the subject line, refer to the number of times written before, eg. "3rd letter with reference to ABC". This way even if you have to do a WOM, you'll have documentation of how many times you've tried.
Good luck, and remain persisent!
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prakashtirupati
Registered Users (C)
let me summarise my experience
1 st Infopass : if it is background check pending, it is going to take long time
2nd : case pending decision by a officer
3rd : background check is clear, pending decision by a officer
4th : i asked why my case still pending , " it is normal processing, it takes time " , the officer said " change of address is going to slow down the process and the file been sent to NBC on January 29th
letters to DO ( 3 in total)
my certified mail , one regular mail came back with letter saying " no mails or FAX accepted", no reply for another one yet...
1- 800- USCIS
most of the time the CSR just reads the case status online, which is 7 months old , tells call back after 90 days , placed a service request,the reply said contact local office...
letters to congressman
sent a regular mail a week back , no reply yet and just sent another E-mail.......
talked to my lawyer
he says , wait, there is nothing else i can do..
anything else i can try ? any suggestions?
1 st Infopass : if it is background check pending, it is going to take long time
2nd : case pending decision by a officer
3rd : background check is clear, pending decision by a officer
4th : i asked why my case still pending , " it is normal processing, it takes time " , the officer said " change of address is going to slow down the process and the file been sent to NBC on January 29th
letters to DO ( 3 in total)
my certified mail , one regular mail came back with letter saying " no mails or FAX accepted", no reply for another one yet...
1- 800- USCIS
most of the time the CSR just reads the case status online, which is 7 months old , tells call back after 90 days , placed a service request,the reply said contact local office...
letters to congressman
sent a regular mail a week back , no reply yet and just sent another E-mail.......
talked to my lawyer
he says , wait, there is nothing else i can do..
anything else i can try ? any suggestions?
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