Seems it not the name checks which is holding cases?

C

commander

Registered Users (C)
Please see the details of my case in the signature below.

After processing dates passed and 60 days passed after RFE reply, called VSC National Service Center for status inquiry on 06/15/2005. The reply I received on 07/01/2005 snail mail was –
“The processing of your petition/application has been delayed. All petitions/applications received by this service are required to have routine security checks that are resulting in delays of the adjudication of petitions/applications. We can give no definite indication of when they will be completed. We apologize for the delay.”

On 07/09/2005, I got reply form FBI on my status inquiry email sent 01/13/2005. They said that the name check for my family and me was received from USCIS on March 23, 2004 and they completed check for the family on March 24 2004 while mine was still pending.

Today I called VSC, using
1-800-375-5283-Wait-1261-EAC1185????-Wait-1-Wait-34
The lady told me that –
“All of my cases, the family and mine, are pending for security clearance. When I told her about the reply from FBI, she told me that the security check she is talking about has nothing to do with FBI or any other external agency. It is internal check. In any case my visa are not available currently, therefore I have to wait till October. Hopefully this security check may also complete by then.”

Then I tried to read the language of the USCIS reply (quoted above). That gives some impression that, as mentioned by lady above, this security check which is delaying the case, is their internal matter. Otherwise, whenever they are waiting for some response from external agency (like FBI) they usually mentioned in the reply saying waiting for response from external agency and that is why they are apologetic.

As per Immegration.com update following are the types of security checks –
(http://www.immigration.com/newsletter1/uscis2605.html)
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IBIS (Interagency Border Inspection Systems) and FBI name checks
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(1) IBIS checks provide USCIS with information on any wants and warrants as well as information on known terrorists. These checks are run before adjudicating any petition or application. In case of a “hit” in IBIS, the center checks with the agency that keyed in the original data before adjudicating the application or petition. (2) Before adjudicating adjustment of status applications fingerprint checks are done. The fingerprint checks give criminal histories but not wants or warrants.
(3) On the other hand the FBI name check indicates whether a person currently is or has ever been investigated by any of more than a dozen agencies. In case of a “hit” in a name check, the FBI does not tell USCIS what specific information has been found in the FBI database, and USCIS on the other hand must wait for the FBI to resolve the “hit”. If the name checks are returned with “no information,” USCIS periodically reviews the checks on a set schedule. If the record is listed as “pending”, District Offices are not authorized to follow up with the FBI, and they forward a list of these records to USCIS HQ, who then follows up with the FBI. These copies are not retained by the FBI on any check it runs, hence, every time a name check is needed, the foreign national has to go through the same process again.
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I am trying to create logic with the information above –
Is it IBIS, which is causing the delay, not the Name Check?

What are your thoughts?
 
I didn't follow you exactly...you wrote that FBI mentioned that your name check is still pending. Right?

Your families name check may be cleared, but since you are the Primary applicant, they are not going to approve anyone's case until your name check is cleared by FBI.

I am in the same situation like you. Mine is pending but my wife's name check has gone thru. I have been told that once my name check goes thru and visa no.s are available, it should be approved by 4-6 weeks.

Yes, there might be other internal security checks. But they probably would get that done in 4-6 weeks once your name check is cleared by FBI
 
More Info - IBIS

Jackson & Hertogs LLP, posted 5/20/02
INS processing delays due to implementation of the Interagency Border Inspection System (Update)

For the past several weeks, we have noticed a slow down in the processing of all nonimmigrant and immigrant cases through both the Service Centers and the local offices. This slow down is apparently related to the use of a database called the IBIS (Interagency Border Inspection System) to screen all applications and petitions filed with the INS. In order to implement IBIS, computers at the INS offices had to be loaded with the system and disconnected from the internet. While an INS officer can look up information on a batch of files at one time, this entire software conversion and implementation of the IBIS checks has impacted processing times.

Initially, it was believed that only new petitions and applications were affected by these new security checks. However, it is clear that the checks are being applied to cases where processing is well underway.

The delay is impacting both the five regional INS Service Centers and the local INS offices. According to the Vermont Service Center, it could affect premium processing cases if there is a “hit” on the security check and the 15 day clock will stop until the investigation is completed. At a liaison meeting with the local INS in San Francisco on May 16, 2002, we were informed that the new security checks will likely affect the processing of Employment Authorization Documents “EADs” and Advance Parole documents . For EADs filed with the local INS office (new, extension, and interims) it is likely that they will no longer be issued on the same day. In addition, on May 15, 2002, the Application Support Center in San Francisco announced that it would not accept new applications for renewal of alien registration cards (“Green Cards”) where the Green Cards expired after 10 years until new security measures were implemented.

How much delay will there be in processing of cases? No one knows for sure. It also depends on the specific backlogs at each INS office. It will likely create more delay at INS offices with heavier backlogs.

As we obtain more information, we will post updates on our web site.
 
That is my understanding also...

expected said:
I didn't follow you exactly...you wrote that FBI mentioned that your name check is still pending. Right?

Your families name check may be cleared, but since you are the Primary applicant, they are not going to approve anyone's case until your name check is cleared by FBI.

I am in the same situation like you. Mine is pending but my wife's name check has gone thru. I have been told that once my name check goes thru and visa no.s are available, it should be approved by 4-6 weeks.

Yes, there might be other internal security checks. But they probably would get that done in 4-6 weeks once your name check is cleared by FBI
Click to expand...
 
My understanding was also same, that my and family's case is pending because my, the primary applicants, name check is pending. But today’s conversation with VSC, gave me new understanding. She told me that my cases are stuck up because of security check. Most of the people (Including me in the past) take security check as name check, but today the lady clarified that this security check is not the name check, rather it is an internal check of USCIS. And that is the point I am trying to bring out.

eternal_labor said:
That is my understanding also...
Click to expand...
 
Were you explicitly told that you are stuck because of "Name check at FBI" (Besides Visa availability). Or you were told that your security check is pending, and you thought that security check must be Name check, because you know Name Check is pending.


expected said:
I didn't follow you exactly...you wrote that FBI mentioned that your name check is still pending. Right?

Your families name check may be cleared, but since you are the Primary applicant, they are not going to approve anyone's case until your name check is cleared by FBI.

I am in the same situation like you. Mine is pending but my wife's name check has gone thru. I have been told that once my name check goes thru and visa no.s are available, it should be approved by 4-6 weeks.

Yes, there might be other internal security checks. But they probably would get that done in 4-6 weeks once your name check is cleared by FBI
Click to expand...
 
going by what you heard from USCIS,

i think it makes sense to believe IBIS is what security check means, coz my name check cleared and sent to USCIS from FBI, and last week when i called i was told security check is pending, which i presumed to be name check, and wondering why FBI's name check message didn't reached USCIS.

But not sure whether there is any way to push IBIS check to expedite things.
 
srichalam,
You confirmed my thoughts that IBIS is bigger culprit.

My request to every one is, if you call the VSC, and you get the reply that the case is stuck due to security check, clarify if that security check is internal (IBIS) for external (FBI Name check), and post your experience in this thread. That will help us to establish if the IBIS is the primary delaying factor, not the name check as every one of us think.

If that is established, then the strategy to expedite the case could be any thing different from chasing the FBI. For example contacting ombudsman etc.
 
IBIS vs. FBI name check, different responses to status enquiries?

I have heard of two different templates that VCS uses to respond to status enquiries, both of which I've seen as being interpreted to imply some kind of background check:

1) "... all applications require security checks... " etc. etc.
2) "... we are awaiting further information from another office..." etc. etc.

Assuming that VCS operates in a rational manner, the reason for delay for two applications that receive the first or the second type of response to their status enquiries must be different. I was wondering whether one template is sent in case of delay due to IBIS check and the other in case of delay due to FBI name check. (Just a thought, I have nothing to base this on).

I myself got the second version but don't know what exactly is holding up my application. If any of you got one of the two types of letters and you know what exactly is delaying your application (maybe you got a response e-mail from FBI, or talked to a VCS representative), could you please let us know? This way, we could check whether the status enquiry response letters contain more information about the nature of the delay.
 
eternal_labor,

we are brothers :) my NC is also pending since March 04 2004. Please let me know once yours in cleared, so I will be waiting for mine shortly.

thanks.

GL.
 
commander said:
My understanding was also same, that my and family's case is pending because my, the primary applicants, name check is pending. But today’s conversation with VSC, gave me new understanding. She told me that my cases are stuck up because of security check. Most of the people (Including me in the past) take security check as name check, but today the lady clarified that this security check is not the name check, rather it is an internal check of USCIS. And that is the point I am trying to bring out.
Click to expand...

mine is most likely stuck because of the FBI. Twice I was told that my FBI name check is pending, and a senator inquiry confirmed that my NC is still pending at the FBI.

so, it could be that some are truly stuck at the FBI and others stuck at IBIS checks.
 
FBI security check is not the only bottleneck.

I made 2 queries and got the reply Pending Security Check. 3rd query
I made thru congressman's office. They replied that mine was stuck in UCSIS security clearence(Which I assume is IBIS) and specifically mentioned not stuck with FBI name check. Now I totally agree that FBI security check is not the only bottleneck.
 
Commander,

Today i talked with guys at VSC after a month, and the lady said my spouse 's case is waiting for FBI Name and DOB Check since June'05 and should be completed in three months.Asked to call after 30 days. I don't know what's happening. Incidentally in June'05 Primary I-485 got approved. I wonder why they are waiting for FBI name check since i already got the mail from FBI that they processed our names and sent to USCIS. Or is it becoz USCIS never got that info which is what i'm fearing..

Maa...n this whole thing is complicated than what we thought. :confused:
 
srichalam said:
Today i talked with guys at VSC after a month, and the lady said my spouse 's case is waiting for FBI Name and DOB Check since June'05 and should be completed in three months.Asked to call after 30 days. I don't know what's happening. Incidentally in June'05 Primary I-485 got approved. I wonder why they are waiting for FBI name check since i already got the mail from FBI that they processed our names and sent to USCIS. Or is it becoz USCIS never got that info which is what i'm fearing..

Maa...n this whole thing is complicated than what we thought. :confused:
Click to expand...

Did you call the general enquiry number 1-800-375-5283 or some other number? Everytime I call up, they say they don't have any details on my case and they would file a enquiry and I should hear back in 30 days. I sent my FBI name check email in March and waiting for response. FOIPA came back with "no records".
 
Srichalam,
As per logic I would not think that your name check is pending, or has not reached USCIS.
1. Because you have email from FBI that the name check was initiated and was completed long time back, while the lady said it was initiated in June 2005 and not yet completed. There cannot be mistake on both, initiation and completion dates.
2. On the name check they will not be able to give expected date of completion (she told you three months period), as it is external agency check for which I have not come across any stipulated time frame.
3. If they received spouse name check result, they have received your results too.

Therefore I am very sure that you are stuck in USCIS local check, i.e. IBIS.

Only way to overcome this, I see is the expedite request. I would guess, if the expedite request is accepted; then they will definitely hasten up their internal process of IBIS check.
If you do not want to start expedite request right now, then as she suggested, wait for three months and if still your luck does not favor, then take action.

srichalam said:
Today i talked with guys at VSC after a month, and the lady said my spouse 's case is waiting for FBI Name and DOB Check since June'05 and should be completed in three months.Asked to call after 30 days. I don't know what's happening. Incidentally in June'05 Primary I-485 got approved. I wonder why they are waiting for FBI name check since i already got the mail from FBI that they processed our names and sent to USCIS. Or is it becoz USCIS never got that info which is what i'm fearing..

Maa...n this whole thing is complicated than what we thought. :confused:
Click to expand...
 
But what makes us think that they will accept the expedite request, go out of the way

commander said:
Srichalam,


Only way to overcome this, I see is the expedite request. I would guess, if the expedite request is accepted; then they will definitely hasten up their internal process of IBIS check.
If you do not want to start expedite request right now, then as she suggested, wait for three months and if still your luck does not favor, then take action.
Click to expand...
 
USCIS has certain criterion for expedite request and I do not think that every one can get expedite request approved. But if you can project your case within those criterion, and if USCIS accepts your expedite request, then this IBIS check being the internal matter of USCIS, they may be able to expedite this too. I am comparing it with name check at FBI, which is an external process, where USCIS can only send the request, and they can do nothing beyond that.
I do not see any other direct way to get this check expedited.
Any other suggestions on what else can be done?
 
my pending 485

Hi, guys,

I called VSC today using the national customer service (1-800) number. And the rep told me that my cases are still pending for security check. So I asked her whether the security check means "checks with extenal agencies" or "VSC internal check." She said she doesn't have that type of information. But she said, " it (my 485 application) came back a few weeks ago. It is now in the security check room."

I have no idea of what she means when she said that it came back a few weeks ago. From where back to VSC? So I asked her how long it would usually take for this "secuity check" and she said it is usually from 30 days (min) to 6 months (max). Then she told me to wait and be patient.

I am EB3 case and visa number is not available for me now. But at least, I hope all of my "security checks" would clear soon in the next a few months. Anyone out there has heard the same thing when talking to VSC (that your case came back a few weeks ago)?

Good luck to every EB3 outthere!
 
there are people in the forum qualifying for 1-3 criteria still got denied

:)
commander said:
USCIS has certain criterion for expedite request and I do not think that every one can get expedite request approved. But if you can project your case within those criterion, and if USCIS accepts your expedite request, then this IBIS check being the internal matter of USCIS, they may be able to expedite this too. I am comparing it with name check at FBI, which is an external process, where USCIS can only send the request, and they can do nothing beyond that.
I do not see any other direct way to get this check expedited.
Any other suggestions on what else can be done?
Click to expand...
 
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