Received a response from FBI

lahanos

Registered Users (C)
I mailed in my FOIPA request about 3 weeks ago, and got this response today.

......
A search of the automated indicies to the central records system files at FBI HQ located no records responsive to your FOIPA request,

Although no records responsive to your FOIPA request were located, we are required to inform you that you are entitled to file an administrative appeal if you desire so.
......


Does that mean that my name check and finger prints were cleared? My interview is scheduled in early Feb. at San Fran. DO.

Thanks.
 
No, it just means that simple record search returned no hits.

Finger prints check is separate and usually done on the same day. Name check uses so called "nebulous (sp?) search" and it is likely to return hits when a combination of your name and birthday plus variations is close to somebody else's on whom FBI has records.

For name check status, you might send FBI email. They take a long time to respond - I sent my email on Nov 11 and no response until today...
 
I had a quick question on FOIPA to FBI...If you file a FOIPA, do they also have to look at your N400 file? In one of my friend's case..he had filed a FOIPA (to USCIS in this case and for his A file...it seems he had another A file in his name which was delaying things)....unfortunately...when the file came at the local office for interview scheduling, the FOIPA request preempted it and it went to FOIPA office which was a separate office in the same town...this resulted in more delay for him....
I just wanted to make sure this doesn't happen in case of FBI FOIPA...

TIA.
 
FBI Foipa does not look at a pending USCIS petition. It is the same for citizens/non-citizens. So go ahead and request for your FOIPA and expect results in 2-3 weeks!

And by the way Long time no hear, how do you do? Whats the status with your case ? Seattle DO right ?
 
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Hey Rahul...

Thanks!...I just faxed a request. Had already sent a name check status mail to them sometime in november...no repsonse yet...so, I am going the FOIPA route now. Do they respond via snail mail or email?

I got my interview letter this month for mid Feb...hopefully, I'll be done then...Seattle has same or next day oath, last I heard. Just covering all my grounds...BTW, Congratulations on ur marriage :)...when is your wife joining you?

Rahul Kumar said:
FBI Foipa does not look at a pending USCIS petition. It is the same for citizens/non-citizens. So go ahead and request for your FOIPA and expect results in 2-3 weeks!

And by the way Long time no hear, how do you do? Whats the status with your case ? Seattle DO right ?
 
Foipa responses are generally by first class mail

Thanks for your wishes. Wife is expected by April. I DCF'ed her petition from Delhi. Waiting and Hoping now...
 
Three questions

This forum has been really helpful. I am in same boat as others- waiting for name check clearance to come for past one year. I am posting here for the first time after receiving my initial reply in response to FOIPA request from FBI.

However letter also says "Although no records responsive to your FOIPA request were located, we are required to inform you that you are entitled to file an administrative appeal if you so desire. Appeals should be directed in writing to the Co-Director, Office of the Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530 within 60 days from the date of this letter. The envelope and the letter should be clearly marked "Information Appeal." Please cite the FOIPA request number assigned to your request so that it may be easily identified. Should you desire a check of our field office files, it will be necessary for you to direct your request to the appropriate field office(s)."

I have three questions:

1. Is the initial letter that I received from FBI enough to convince Immigration Officer to clear my case for the oath ceremony?
2. Based on the text in the letter as shown above, will it help to file an administrative appeal?
3. Again based on the text in the letter above, will it help to check with field offices?
 
WaitingOneYear

Answers
1. No
2. What are you appealing ? There are no records in FOIPA . Dont confuse FOIPA with namecheck
3. What exactly are you planning on checking ? They have nothing on you!
 
Follow up question

Folks I have read a lot about the FOIPA and name check here. When is it prudent to file for FOIPA and name check? Why would I need it? Is it only for mental peace that they have no criminal records on me? ( I have several speeding tickets, nothing else) or does it help speed up processing of N-400?

I am going to file N-400 next week. Should I wait to file these for a few months after applying for N400?
 
enjoylife said:
Folks I have read a lot about the FOIPA and name check here. When is it prudent to file for FOIPA and name check? Why would I need it? Is it only for mental peace that they have no criminal records on me? ( I have several speeding tickets, nothing else) or does it help speed up processing of N-400?

I am going to file N-400 next week. Should I wait to file these for a few months after applying for N400?
No, it will not speed up the process of your N-400, you're just gonna have peace of mind knowing that you have no records in FBI's systems and, later, the status of your name check. File your N-400 and don't worry about it (at least for now). Things might go very smoothly for you, as they do for a lot of people (from all the people I know, my husband is the only one who has been waiting for his oath ceremony for over a year). I would worry about it only after the interview, unless you are in a rush to get your citizenship. Acting early might save you 2-3 months.
Even after having such a hard time with my husband's case, I did not do anything about my daughter's N-400. I filed for her in October, 2004, and her interview is scheduled on March 8, 2005. Why waste my time and energy, when everything goes well?

Best of luck!
 
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Anahit said:
No, it will not speed up the process of your N-400, you're just gonna have peace of mind knowing that you have no records in FBI's systems and, later, the status of your name check. File your N-400 and don't worry about it (at least for now). Things might go very smoothly for you, as they do for a lot of people (from all the people I know, my husband is the only one who has been waiting for his oath ceremony for over a year). I would worry about it only after the interview, unless you are in a rush to get your citizenship. Acting early might save you 2-3 months.
Even after having such a hard time with my husband's case, I did not do anything about my daughter's N-400. I filed for her in October, 2004, and her interview is scheduled on March 8, 2005. Why waste my time and energy, when everything goes well?

Best of luck!
Thanks Anahit. Actually there is a big rush. How would it save me 2-3 months? Please confirm/correct my understanding mentioned below:

Once I apply for my N-400 an interview date will be set. While waiting for the interview and FBI fingerprint request is sent by INS to FBI and also some name check request is sent to FBI. These two requests may come before or after my interview. Oath ceremony will not occur unless these two checks are cleared. By submitting a FOIPA it will confirm if FBI has any fingerprint records of me that indicate a problem or not. If one gets a No Record found reply it gives one the peace of mind that there should not be a problem with the Finger print check. We can not apply for a report on the name check . All we can do is if the name check is taking too long try and expedite it so that INS gets it faster.
Thanks
 
enjoylife said:
Thanks Anahit. Actually there is a big rush. How would it save me 2-3 months? Please confirm/correct my understanding mentioned below:

Once I apply for my N-400 an interview date will be set. While waiting for the interview and FBI fingerprint request is sent by INS to FBI and also some name check request is sent to FBI. These two requests may come before or after my interview. Oath ceremony will not occur unless these two checks are cleared. By submitting a FOIPA it will confirm if FBI has any fingerprint records of me that indicate a problem or not. If one gets a No Record found reply it gives one the peace of mind that there should not be a problem with the Finger print check. We can not apply for a report on the name check . All we can do is if the name check is taking too long try and expedite it so that INS gets it faster.
Thanks
OK. This is how it works (to the best of my knowledge).
In about 1-2 month (it might be more in some states) after you file your N-400, you get your Finger Prints (FP) appointment letter. When you get your FP done, your fingerprints get send to the FBI. Normally it takes 2-3 days for the FP results to be sent from FBI to INS. About the same time FBI gets your FP, the name check is being initiated for you. According to FBI officials, that shouldn't take more than 120 days. But, as we already know, that's not the case for some people. Generally, the INS would call one for the interview, if all the checks are completed. But, that's not the case for some people, either. At the interview these people find out that their name chack is still pending, and that they have to wait at least 120 days (like the INS did not have those 120 days yet :rolleyes: ) to inquire about the status of their case. Now, to be ready for these kind of findings, and maybe to prevent them from happening to you, you can fax an FOIPA request any time to make sure you don't have any records with FBI. Hold on to the response you get from FBI (it will come in mail) until about 3-4 months after your FP. Then, request a status of your name check by mail sending the "No Record" response along with it. Or, you might want to wait until after the interview to send the name check request if you need it.
 
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FOIPA request

Could someone please post the FOIPA request template here?

Does the FOIPA request need to be notarized?

Thanks.
 
HOW to request FBI for FOIPA ?

I would like to request FBI using FOIPA on my case. HOw do I do this ?
(I am not asking for status enquiry fax number that we do to get status)
 
IndoKiddo said:
I would like to request FBI using FOIPA on my case. HOw do I do this ?
(I am not asking for status enquiry fax number that we do to get status)
The answer is right in front of you: the link in the previous input.
(Currently they don't even except status inquiries by FAX)
 
Anahit said:
The answer is right in front of you: the link in the previous input.
(Currently they don't even except status inquiries by FAX)
Thanks for your reply Anahit. It helped me understand the process. :) When do you think I should file my FOIPA. I will be filing my N-400 in 10 days.
Thanks
 
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