Revised FBI name check policy & USCIS’s cowardice

M

MaheshG90

New Member
Dear Forum Members,

Following the good news on FBI name check policy, I thought USCIS would follow up on its promise of processing my green card and my approved I-485 application that has been pending the FBI clearance for many years now.

I filed for adjustment of status through the Legalization provision of the LIFE Act. I had my interview four years ago and the interviewing adjudications officer approved my case and told me that my green card would be processed once the FBI clearance was received.

My case has been pending the FBI clearance until now. Every time I contacted USCIS and the officer in charge of my case, I was told that the only issue was the FBI name check.

Now that the new policy on the FBI name check has been issued, I have received a letter telling me of USCIS’s intent to deny my case for adjustment of status.

I have been waiting for four years after my interview and now that the FBI name check is out of the picture, instead of issuing my green card, all of a sudden USCIS has decided to deny my application on baseless grounds. Why did they wait this long and suddenly decided to deny my case?! Why did they tell me that my case was only pending the FBI name check for all these four years. Why did they ask me to be fingerprinted for the FBI name check after my interview if they thought that I did not qualify as a LIFE Legalization applicant? Why did the interviewing officer tell me that my case had been approved (he told me not once, but many, many times over these past four years).

USCIS thinks it can do whatever it wishes and pleases. They will do anything possible including lying, twisting and bending laws and due process, and manipulating applicants to reject as many applications as they can. They used us only as a money milking machine over all these years that our applications had been pending – the longer we waited, the more we paid. These people have no conscience. I do not know how these people can sleep at night without their conscience bothering them. This is another classic example of unchecked power gone way beyond corruption.
 
Yes, there should be a basis of denial as a result of your FBI security checks finding or some other grounds.
There is something you are not telling us.
Be opened that's the only way you can help from forum members and be able stand the denial.

Best Luck/
 
That might help:
The LULAC, CSS, and ZAMBRANO programs: In 1986, the Congress of the United States passed an amnesty law allowing aliens who had resided continuously and illegally in the United States, without interruption since before January 1, 1982, to apply for permanent residence status. However, one of the law's provisions provided that the application had to be filed before November 6, 1988. The US immigration service refused to accept applications from those persons who had left the United States before or during the required period, even though they had subsequently reentered the United States to again assume an unlawful status in this country. Some of these denied applicants filed suit in federal court seeking the right to file their applications, even though the time for filing had by that time passed. The courts in California, in the LULAC and CSS cases, and in Washington, D.C. in the Zambrano case, agreed with the aliens, and allowed them to file their applications late. The US immigration service has appealed these decisions, and these appeals have gone as high as the US Supreme Court.

Finally, Congress passed the Legal US immigration Family Equity Act (known as the LIFE Act), in December 2000, which now allows these individuals to pursue their applications for permanent residence in the United States. In addition, the LIFE Act prevents the deportation of the spouses and minor children of a person who is applying for late legalization, and they are also eligible for employment authorization.

The LIFE Act legalization regulation was enacted by the U.S. Citizenship and US immigration Services on June 1, 2001.

Applicants for legalization under the LIFE Act must submit their application within one year of the regulation date, to wit, no later than May 31, 2003.
 
Hi,

A notice of intent to deny your application is not a final denial. You'll be given 30 days to respond with a rebuttal which would overcome the potential denial. So in your notice of intent to deny what evidence or reason are they requesting for you to provide.

I think you should respond with the relevant information and CIS will carry on your case from there.
 
They claim that one of my absences from the U.S. was more than 45 days. On the day of the interview, I explained my situation to the interviewing officer and told him that due to emergent reasons, my return to the United States could not be accomplished within the time period allowed and he accepted my reason and asked me to pay a fee on the same day so that he could waive that requirement. I did pay the fee and I was told that my case would be approved.
 
Ok, so you'll be fine. Also understand that CIS has full access to every passenger travel history (Arrival/departure electronic record). Is it after the interview that you received the NOID or before the interview?
 
petertherock77 said:
Ok, so you'll be fine. Also understand that CIS has full access to every passenger travel history (Arrival/departure electronic record). Is it after the interview that you received the NOID or before the interview?
Click to expand...

Mahesh said that he got denied. On what basis are you saying that he will be fine if I may ask? :confused:
 
Are you represented by a lawyer? I just skimmed the LIFE law and it looks like they have flexible requirements regarding absences from the United States. I think your case might still be saved.
 
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