There are different checks done when you turn in your application. There is the criminal/fingerprint check, IBIS check and there is the FBI name check. Normally IBIS and fingerprint are done even before the name check request is sent to the FBI. If you fail the first two, then there is no need for the USCIS to send a name check request to the FBI. Remember they have to pay the FBI for name checks.
Now if you have been waiting since march 2007, then it is obviously the name check has been the problem. SO why where you told the "background check remains open"? Here are possible reasons:
1. YOur name check came back and the USCIS has to analyze any negative information recieved. In other to avoid giving you a more specific answer, they use the open term "background check". ALso remember the fact that until you request assistance from senators and the white house, you never know when your name check is complete until the USCIS tells you so. They might have to thought you did not know
2. Name check came back and the USCIS are yet to look at it. The USCIS is a very poorly run agency and there is a significant lag between when your name check gets back and when they actually process it; yes even for people that have waited for a long time. So wait for another week and call them again, and specifically say you got a confirmation that you name check was completed
3. The name check came back without any negative info, the USCIS is processing but the service rep does not know how to look it up. Do not think that is an overstatement. Read the Ombudsman report. One of the recommendations was better training across the board. It seems to be a problem. I called the other day and actually spoke to an IO. I had to say the same thing multiple times before she finally gave me the answer. The problem was very simple, the answer was even simpler.
Most likely scenerio is #2. By the end of this month, if the name check has not been acknowledged, call them everyday if you have to or make an infopass visit to actually speak with someone at the center. Remember, your application is at the service center and not at the 800 number we call.
I sent a letter to the First Lady on May 27th asking her to help me to find the status of my name check from FBI. Today (07/21/08) I received a letter from FBI stating that from the name check program database, the submission of my name check request was processed and finalized on June 17th, 2008. The results were forwarded to the USCIS headquarters.
I called the 1-800 number on June 30th, 2008. (before received the letter)The IIO said that my background(or name check) was not completed.
Question:
1. Is name check and background checking the same?
2. If they are the same, why the result was finalized on June 17th, and they said on June 30th my checking was not completed yet?
Thank you very much. Any input will is greatly appreciated.
