Security clearance

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bmt74

Registered Users (C)
Hello guys,

As you know, my I-140 has been pending since Sep 2003 and my EAD renewal since Aug 2004, I contacted my senator. I received a response from their office yesterday that my application is stuck in security clearance, so they don't know how long it would take to get cleared. They said, eventhough, the current processing date is Nov 1 2003, they can not do anything about that.

I am really pissed off about this security clearance because I am from India, and I have been in this country for 6 years, paid my taxes promptly every year and manintained the legal status throughout my stay. I don't want to be a victim because some stupid security agent is not doing his job. I don't know if they ever opened my file.

Guys, has anyone been in this situation before like me ?. If so, PLEASE let me know. I really would like to talk to you. I am really frustrated.

After the dates moved to Nov 1, 2003, my attorney initiated an inquiry. For my EAD, I have intiated 3 inquiries so far and also wrote a letter to the supervising officer of I765 unit at NSC. But so far,no response.

Thank you for your inputs guys.
 
It's really bad, even the senator office cannot do anything, I really have no idea who you can seek help, write email to president bush, or Secretary of State Rice.
 
Here it it.

I think I am one of that unlucky person. My 140 and 485 is pending since Nov. 2002. Contacted all senators, Congressman but nothing happened. I am also finishing my six yrs of stay. Got frustrated to the core but don't know what else to do. My case is also stuck in some kind of security check.
 
One think is for sure that this forum is really good. We all can share lot of things and help eachother and give moral support. When we come to know that you are not alone than it def. gives some relief. But I really hope and pray that all of us gets thru this frustrating problem soon. Just keep faith. Some day this NSC officer will back to office in mrg. with a real good cup of tea/coffee and approve all pending cases.
bmt74: I really don't know what can be done in this case. if you don't mind can I ask you one question - what is your last name. I asking this because in my office there was one guy working who is from Pakistan and Canadian Citizen. His case is stuck for this security /name check, he told me that. He has applied for CP and now its more than 2-3 yrs...
 
I am on the same boat

My concurrent I-140 and I-485 are still pending since January /2003. I also contacted my Sen. office and the answer was the same as your" Stuck in security checking". I have no clue what we should do :mad:
 
My record stuck with FBI

My situation is similar to bmt74. My 140 and 485 have been pending from Oct/Nov 2003. In March, I contacted our senator's office, and they told me by April 15th, the case should be moved. In April last week, I got another call from senator's office that my case is with FBI about security clearance. I was told that by 2nd week of May, the case should be moved, and I am waiting on it.

Parallelly, in March, I initiated FOIPA query with FBI, and got an answer last week that there are no matching records. Some relief!!

I am already in my H1B 7th yr extension, and applying for 8th yr extension. Indicate me if I can do anything in this.
 
Sorry to learn about such problems & inordinate delays.

As Yuren suggested, the best way for now is to try and escalate the problem to higher authorities. What about your Attorneys, Employers ? Their followup thru the Senators, other Congressmen makes more impact than an individual pursuing.

Sympathies & Best Wishes.

DIGS
EB3, India
 
WOW, first of all, thanks for the participation guys !!. I thought I was the only one. Let's not give up !

well, my attorney is the I-140 liaison for NSC. She has initiated an inquiry last week. I am going to wait for about 2 weeks and see what they have to say for this !.

My employer basically asks me to talk to attorney, so I can not expect anything from him.

tjshah, please send an email to h4helpneeded@yahoo.com. I will respond to it.

My assumption is that, with name check and finger printing results sent to USCIS, it is the fault of USCIS only. They just don't care to look at our files.
 
Last edited by a moderator:
NSC responded to the inquiry

Guys,

Though I am not so motivated as before to visit this forum because of my long pending I-140, I do want to post an update.

Today, my attorney received a response for the inquiry she initiated. It says my application is pending further "security review". I kind of guessed that up front because that's what the senator's office told me. Attorney says she can not do anything about that as there is no formal "current processing date" for security review.

In the mean time, I looked at the NSC response my attorney forwarded. My middle name has been spelled wrong. I was wondering if this could cause any problems. Guys, do you have any thoughts about that ?.

Again, if anyone else experienced the same problem, PLEASE, post your thoughts...at least I want to have an idea how long it will take to clear.

Thank you.
 
bmt74 said:
In the mean time, I looked at the NSC response my attorney forwarded. My middle name has been spelled wrong. I was wondering if this could cause any problems. Guys, do you have any thoughts about that ?.
Click to expand...

Yes, that might be it...
Check your name in I-140,485 and all the documents U sent (passport,degree etc .. They should all have the same name..

If the name is incorrect -- send the actual name -- with some proof..
U will get approved within a month ..

many a times a delay is caused because of the attorney's mistakes... Some attorney keep photocopy of all the documents that send to the NSC.. Ask for all the photocopy and check for all the mistakes -- U do not want to wait any more time again ...


Good luck.
 
Did FP clear

For guys who are stuck in security clearance,
I am not an expert in this neigther am I lawyer....but just a thought...to find a pattern. Did either of your, LUD on 485 change after getting FP results back from FBI? Following is true and happened to a collegue of mine. His 485-LUD wasn't changing for a long time (8 or 9 months) even after he did finger printing. So he called the FBI customer service number. The operator told him that the results were sent back to USCIS the same day the fingerprinting was done. So he had his lawyer call USCIS to get this updated. (I am not sure how the lawyer managed to get this updated....as I have my douts about USCIS actually correcting their mistakes promptly), but as soon as this got updated, his 140 was approved and in a couple of weeks he got his 485 approval too. Thaught this may be of some help.
 
First of all, thanks for all your comments guys.

co_istheworst, I verified with FBI that my FP and name check results were sent to CIS 2 years ago.

Billtoo, I have informed my attorney about the wrong middle name. I am waiting for her response.

jaiganesh, what did you mean by "FOIPA query with FBI" - are you referring to the name check ?
 
bmt74,

How do you verify with FBI that your FP and name check were sent to CIS two years ago.
 
Yuren,
I sent an email to FBINNCP.Email@ic.fbi.gov to check the status of name check. i received a response that it was completed in Oct 2003. The online status of I-485 says the FP results are sent to CIS. I also called that FBI no.( I don't remember the no.) and confirmed it.
 
Billtoo said:
Yes, that might be it...
Check your name in I-140,485 and all the documents U sent (passport,degree etc .. They should all have the same name..

If the name is incorrect -- send the actual name -- with some proof..
U will get approved within a month ..

many a times a delay is caused because of the attorney's mistakes... Some attorney keep photocopy of all the documents that send to the NSC.. Ask for all the photocopy and check for all the mistakes -- U do not want to wait any more time again ...


Good luck.
Click to expand...
Yep Billtoo is right. Your name in each and every document should be same. Starting from high school till today.
Say your name is Puja. This can be spelled as Pooja too. So some places it might be Puja and some places Pooja. If this has happened you have to get this rectified done ASAP. We had same situation back in India. my husband's passport name had 'i" and my visa had "ee". We had to give adv in local newspaper and affidavits were submitted to US consulate - Mumbai. For them spelling will "i" and "ee" is different -two people!!!.
 
bmt74,

How long did it take for you to get the response of your email, I sent an email to them on
Mar 19, 2005, and I haven't heard anything back yet.

The email address I got is :FBINNCP@ic.fbi.gov, do you think I got wrong email address.

Thanks
 
Yuren,

You have the correct email address. It usually takes about 5 months to get a response. So please be patient.
 
I am worried about this because my wife's name was spelled wrong on I-485 receipt notice. We contacted USCIS, and even got a confirmation letter that the name was corrected.

But the name was wrong again on the finger print notice, and we didn't pay attention on that when we did the finger printing.

We just found it out recently when we check some documents, and you know, the finger print will be sent to FBI for name check, that's why I am concerned.
 
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