senator's reply

this is what i got from lawyer

i asked my lawyer to send an inquiry to BCIS after 2nd FP and they replied with the following:


Dear Mr. XXXX,

"Since you just had your fingerprints taken on the 28th of June, why don't we give the FBI at least 90 days to run the fingerprint check before we follow up. I can then call the NCSC and check if the fingerprint check has been completed."

i replied saying that the online case status has been updated with "Results of your FP have been received blah blah blah"

but i got the following reply:

"Dear Mr. XXXX,

The background check is a two step process. The first is running your prints through the FBI database to check for a criminal record, which only takes a few day and this is the check that came back on July 2. The other step is a name clearance in which your name, date of birth and other background information is run against several international lists to check for terrorism. This is a relatively new check that was instituted as a result of 9/11. This check can take a few months because there is a back log and there are several list to review. Less common names and females
tend to go through the clearance check faster. This is the clearance check we are waiting for."


what do you think guys? It is not clear to me wether the two processes are related or not...
 
according to gc-veteran response I feel that my name security is not cleared yet & ie why my case is pending ......the fp results receive on apr 10 by bcis may be of first step & second step ie name clearance may got stuck up...........may be I will talk to my lawyer & will find out if fp response get stuck up for more than 15 months due to name security check will I need to have a 2nd fp etc & will let u know ................looks like all of us got stuck up with our name security
 
ramprak
Coincidently my FP1 was also recvd on 4/10/2002. Still no 2nd FP no rfe, My RD: 1/22/02 and ND: 2/11/02. I defer from other members about the opinion that BCIS is waiting for the 2nd FP. From some reason our 2nd FP notification automatically didnot got generated, may be it is a manual process, or some glitch in the system. Now in our cases BCIS thinks we already got 2nd FP notice and our finger printing should be under process. But we never got a 2nd FP at all. we may wait forever until the problem is escalated to the right authority. I donot know what to do. May be you can go to local BCIS office and explain them in person why 2nd FP didnot got generated.
 
GC-veteran, how can you call yourself a veteran?

Anyway, those two are not related. FP is cleared by FBI easily, name check is more difficult. But name check is used as an excuse for backlog, only 10% ppl will have a name hit and only 1% will have problem after further investigation.
 
ramprak, don't listen to Veteran, he doens't know.

Your problem is 2nd FP notice not generated, not name check.
if your name check failed, Senator would tell you.

It's the 2nd FP.
 
considering i have been waiting for 700 days..

i can be called veteran

Just as an FYI, this is the response i got from a very reputed firm, FDBL

Now is if it true or not, that's another story.

Cheers
 
Re: considering i have been waiting for 700 days..

Originally posted by GC-veteran
i can be called veteran

Just as an FYI, this is the response i got from a very reputed firm, FDBL

Now is if it true or not, that's another story.

Cheers

GC-veteran,
FDBL is your lawyer's firm? Something in common. It depends more on the lawyer than the firm. I had two RFEs from them (H1-B extension, I-140).Company pays but not always. They are on the higher end of the pricing and at least some lawyers are on the "conservative" site of immigration issues. Now, having said that I believe you are a veteran based on your I-485.

It is true that the name check is longer and is also taken as an excuse. It is believed that some nationalities may present a more challenging task such as chinese names, etc. This name check is done through a computer database that was/is not functioning properly in a lot of local service centers. people needed/need training to operate it also. Maybe with a lot of IT talent here, some should volunteer for Database training the BCIS people. Something else (not verified)is the frequency of this name check. I personally do not believe is done only once but is repeated every 2-3 months on all existing applications...also there is a list of countries including the so called terrorist countries (Iran, Iraq, North Corea, Sudan, etc)and another list of countries for sensitive technology (India, Pakistan, Israel, Russia, etc)that they are subjected to extra checks.
Good luck

Name check:

BIS Procedure

INS performs background checks using the "IBIS" database for all types of
applications and petitions, whether filed at the regional Service Centers or
the local District Offices. These checks occur within 15 days of receiving
the case and remain valid for 35 days. If the adjudication occurs more than
35 days after the IBIS check, a new check is required.

These timeframes can become an issue for Adjustment of Status (I-485)
applications. In those cases, the Service Center sends an approval notice
directing the applicant to the Local District Office for a passport stamp. If
the passport stamp is done within 35 days of the last IBIS check, no
additional check is needed. If a further IBIS check is needed before the
passport can be stamped, it may take only a day at many of the local
offices. However, if the check results in a "hit" (a match with a record on file
of a person with a criminal issue or other serious problem) the case may
take much longer to resolve.

Note that, since IBIS is a name check system, if one has a very common
name there may be a "hit" based on the record of some other person who
happens to have the same name. In the event of a hit, the local office is
required to place a stamp in the passport as evidence of permanent
resident status, valid for 30 days only. This stamp will provide evidence of
authorization to work and will allow travel for the 30-day period. No mention
was made regarding procedures if the matter is not cleared up within 30
days but, presumably, the person could obtain another stamp if needed.
 
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Did you change your address??

RAMPRAK:
Did you change your address after the first FP? I think that BCIS might have sent your second FP notice to some old address. It happened to me. I changed my address and also informed them. But, they sent the second FP notice to my old address..
The online won't be updated for second FP notice, so you wouldn't know it from online even if they send the second FP notice....
This is my thoughts if you have changed the address:
So, when senator office contacted BCIS, they got the reply that BCIS is waiting for your FP response since their database shows they sent second FP notice..
 
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ramprak, I got response from my congressman office today. I contacted them on Monday. They told me my case is pending because of fingerprint expiration not name check or sth else. Same as yours. They have asked VSC to expedite my fingerprint notice, and try to send me the notice asap. I think you can ask your Senator office do same thing. It's in their authority.

I went to the office on Monday. Last time I called them, and they only sent an email to VSC. Thus the answer is standard "pending, give us 30 more days"
I think you have to appear in person so they are more willing to help you
 
yes I changed my address but I got letter from vsc in response (stating that my case is in normal time frame so wait for 3 months for further inquiry)to my inquiry for delay in I-485 fwd by NCSC to my new addr & also my AP documents etc & moreover I did my fp in old address local office but my wife did her fp in new address local office,moreover I heard 2nd fp r sent to LAWYERS & my attorney never changed his address nor received any 2nd fp notice.....one more thing till recently I got letters redirected by postman which were addressed to my old address but anyway I dont rule out what u said.
many have many doubts but let me talk to FBI & my senator & then will let u know u guys the update.
I want a clarification from u guys: is name check is done by FBI or any other related departments & if so their ph.no.
how to find out if any 2nd fp is generated where I & my attorney didnt receive anything from BCIS.
 
ramprak, the problem is your 2nd FP has not been generated so far, like mine. That's why you haven't received it. Congressman's office told me there's a huge backlog waiting for FP.
 
hi guys called up FBI they said they will not do name check & not sure who will do that name check security for BCIS but they said they have cleared mine & my spouse's fp stating no criminal record & fwd to bcis 1YEAR BACK ...........now can any one tell who will do this name security check & do they have any ph no to contact them
deng deng I will call or go in person to senator to find out what he meant by fp response & will update u after that
 
I think... you should write a detailed letter to Senator office giving details about the situation !! It hardly takes 1-2 day for letter to rech them .

The second way to wait for Few Months and then contact them again !!
 
ramprak:

Did you contacted only Lautenberg or some other senator also?

who is better Lautenberg or Jon S Corzine?

My I-485 denied because of BCIS error? so I am thinking of senator help on this ..

Can you help me which senator in NJ more helpful with immigration issues ?? And also what docs need to send to Senator's office .. Please help

See all my posts for more details on my case

Thanks
 
Actually, congressman probably can offer help more efficiently than senators. Senators are generally busy. If you live far away from Senator's office, why not contact a local congressman? every district has a congressman. www.house.gov.
 
hi deng deng I first contacted robert menedez congressmen but I never got response so after 15 days I contacted lautenberg & they replied in 3days so for me may be senator is right choice.
Well I called sentor's office today & immigration guy was nice & he said "when I called abt ur case delay BCIS said they r waiting for FP response from related dept & once they get it case may be resolved in 2 to 3 months & asked to call again if decision is not made in 2 to 3 months.
According to immigration guy if it was issue of 2nd fp they will specifically mention it, so he feels though 15 months is expiration std time they may have varied dates depending on the case & they may be waiting for may be name check kinds & still may be considering my first fp valid & he said its better to give them 2 months time & then call them in october if nothing happens & will ask for expedition of fp or may be the case itself depending on the response. sentor's office said u waited so long wait for 2 more months & see what BCIS will do if not we will see what is best to do in your case in october.
so guys I have no choice have to wait till oct for any further clarifications or proceedings.atleast feel bit better that senator's office promised to takeup my case in oct if nothing happens in 2 months
 
For ramprak

ramprak,

DO you live in Jersey city area, I also actually contacted Congressman Mendez office, they are useless, I have called them atleast 3-4 times in past 4 months and everytime they say that they will send a written reply which to date I haven't received any.

I actually contacted Mr. Corzine office they have atleast contacted 3 times on my behalf, I have to get 2 FP notice done atleast that is what the written response from the BCIS inquiry said but have not received any notice as such it is almost more than a month, so I contacted Senator's office again and they called up again for me and told me that I shoud receive the 2 FP notice in 4-6 weeks, let us see.

DengDeng

What is your idea about whether my case is with an officer or just collecting dust.

RD 10/01
NOTHING
 
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