Response Rec'd From Cis Ombudsman Office Regarding Rtd

[petertherock77]

RESPONSE REC'D FROM CIS OMBUDSMAN OFFICE REGARDING RTD I received a call from a lady in the CIS Ombudsman Office & she told me that the I-131 is on hold due to my pending I-485 Adjustment of Status Application. Usually when someone applies for adjustment of status to become a permanent resident there has to be a security review that must be conducted on that individual & until all background investigations/security checks are completed no benefit will be granted. She also told me that they requested additional evidence on my adjustment case back in January 27, 2006 which I submitted on March 06, 2006. She advised that I should give them some time to review the information & they should get back to me by December. I asked her how long does the background/security checks takes before it is completed and she said it can take an unspecified amount of time.

I wonder what kind of security checks this can be because the local INS told me that my name check is clear. Also my congressman office confirmed the same information.

Forum I need your viewpoint/ideas on this issue….. If security checks was pending and no benefit can be granted, how come back in February I was granted an EAD (I-765)? Why was this same kinds of checks not completed back in 2004 when I was granted the first RTD? If my name check is clear what is causing the delay on the service to adjudicate the I-131? Has anyone with an I-485 pending application experienced this same situation with a renewal RTD in the past? If there was any problem with my I-485, will NSC have transferred my case to NSC (backlog reduction center for asylee I-485) & Issued an RFE (Medical & biographic Information)?

I am really confused & I need someone to help me understand why NSC has held my RTD application in abeyance for over 15 months. I have exhausted all my options & I need to know if I can file a “Writ of Mandamus” in this case? Thanks

 

[windywd]

Peter,

Have you ever had any trouble at the port of entry? Because according to BCIS, they only have to conduct IBIS check before issuing I-131. That check is usually instant and should finalize shortly.

Unless you have problem at POE, I don't see a reason of delay.

 

[wantmygcnow]

I think the problem is that they are confused about your applications. They are trying to make excuses for not giving you a RTD and usually in government offices they do that so you can move on. I would suggest you re-apply for a I-131 and hopefully this gets solved.

 

[petertherock77]

I think the problem is that they are confused about your applications. They are trying to make excuses for not giving you a RTD and usually in government offices they do that so you can move on. I would suggest you re-apply for a I-131 and hopefully this gets solved.

Thanks for your reply, Can I apply for another RTD while one is pending? Let me know so that I can make a new application. I think if I can apply for a new RTD, it will be TSC that will adjudicate it because since it will be a concurrent application instead of the stupid NSC? Gosh I dislike NSC for what they have done to me. This is really bad....

 

[petertherock77]

Peter,

Have you ever had any trouble at the port of entry? Because according to BCIS, they only have to conduct IBIS check before issuing I-131. That check is usually instant and should finalize shortly.

Unless you have problem at POE, I don't see a reason of delay.

Dear Windywd.. Thank you for your input. I have not had any problems at port of entry. I mean I f I have I wouldn't be here working & paying my taxes.
The previous RTD that was issued to me, I travelled twice with it. The first travel I used LAX (Los Angeles International Airport) back in August, 2004 and the second travel I went through JFK (John F. Kennedy International Airport). On both trip I was admitted back into the country successfully.

 

[wantmygcnow]

Thanks for your reply, Can I apply for another RTD while one is pending? Let me know so that I can make a new application. I think if I can apply for a new RTD, it will be TSC that will adjudicate it because since it will be a concurrent application instead of the stupid NSC? Gosh I dislike NSC for what they have done to me. This is really bad....

No NSC processes I-131. You would have to give another 170 dollars to apply again.

 

[petertherock77]

No NSC processes I-131. You would have to give another 170 dollars to apply again.

Thanks Wantmygcnow. If I have to apply to NSC again, don't you think they will still place it on hold using their discretion that I have the other one pending security checks as they claim. Pls, advise............ Can I apply for Advance Parole with TSC....

 

[ernorman]

Thanks Wantmygcnow. If I have to apply to NSC again, don't you think they will still place it on hold using their discretion that I have the other one pending security checks as they claim. Pls, advise............ Can I apply for Advance Parole with TSC....

Follow the instructions.

It is NSC.

 

[petertherock77]

Follow the instructions.

It is NSC.

Okay, I understand it is NSC but I am asking you if it is against the law to send in another I-131 application while the other is pending? I beleive multiple applications might indicate fraud? Or do I need to withdraw the other application before I file for a new one? What do you think. This is all I need to know...... Thanks

 

[Punjabi_Munda]

Petertherock

I don't know if you read my response in the other thread where you have asked the same question.
What you need to do is talk to you Congressman and show him you previous RTD (Even if you just have a copy) and ask him this question. If they were able to issue you the first RTD why not now? What has changed?
You should have ask the Ombudsman's Office the same question. Applying again in my opinion wouldn't yield any positive results in this case until you find out the underlying reason which most likely is that someone at USCIS is not doing their job and they just need to be pushed a little harder.