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Stuck in Name Check??? Let's track it
- Thread starter Hidden_man
- Start date
485 background check - Experts Pls Help
I have a pending 485 EB3 and the USCIS keeps telling me that my background check is not cleared yet or else my 485 would have been approved. They said my background/security check been pending since Feb'2004 which is 1 year 7 months.I contacted the Senator for help requesting them to check with FBI Name Check. The Senator contacted USCIS instead of FBI and USCIS keeps saying that its not the FBI check thats pending but one of the several Background checks they do. They dont tell anything other than that they do several checks with several agencies. God knows what else they do other than FBI Name check.
Experts, any ideas on what other checks we will go thru apart from FBI Name check? Appreciate your response.
I have a pending 485 EB3 and the USCIS keeps telling me that my background check is not cleared yet or else my 485 would have been approved. They said my background/security check been pending since Feb'2004 which is 1 year 7 months.I contacted the Senator for help requesting them to check with FBI Name Check. The Senator contacted USCIS instead of FBI and USCIS keeps saying that its not the FBI check thats pending but one of the several Background checks they do. They dont tell anything other than that they do several checks with several agencies. God knows what else they do other than FBI Name check.
Experts, any ideas on what other checks we will go thru apart from FBI Name check? Appreciate your response.
I talked to the lady who interviewed me for I 485 and she told me that FBI check is pending. On her file there was a noting of IBIS which she said was not a problem . Then she showed me on her computer screen that the FBI check was pending. She told me that she sends the G 325 form to FBi and then she does not know what happens to it till she gets a all clear. I also asked her if the embassy in India could be delaying things and she said she does not know, has no way of knowing what is going on. She said that my case is approvable at this point if the FBi clearance comes back soon. By the way she took the FOIPA no records that was received from FBI for her records , don't know what she will do with that. Although my interview was on May 17,05 the FBI check request was not even mailed before that. It was mailed sometime later on and what I could tell from looking at the screen was received by FBI on 7/21 and processed on 7/22 and in under pending. So God only knows how long it will take. I have still not received response from FBI regarding my e mail sent in April.
helponline1
Registered Users (C)
Tangohi;
I am also in the same situation. It has been over a month I was interviewed for AOS. Before going for interview I had checked the case status on line which said ' results of your fingerprinting review were received on xxx and processing has been resumed on your case". At the interview the officer said that though the case is approvable, he could not issue 551 stamp due to the pending FBI check. I then hired a lawyer who said that fingerprinting results and FBI clearance are two different things. Nobody knows how long does it take. My lawyer said it could take anything between one week to several years, however in most cases the clearance comes in within 2 months.
Anyone there with the similar experiences where they got their FBI clearances after the AOS interview was done? Please post your experiences, we can get some guidance on the timeline.
I am also in the same situation. It has been over a month I was interviewed for AOS. Before going for interview I had checked the case status on line which said ' results of your fingerprinting review were received on xxx and processing has been resumed on your case". At the interview the officer said that though the case is approvable, he could not issue 551 stamp due to the pending FBI check. I then hired a lawyer who said that fingerprinting results and FBI clearance are two different things. Nobody knows how long does it take. My lawyer said it could take anything between one week to several years, however in most cases the clearance comes in within 2 months.
Anyone there with the similar experiences where they got their FBI clearances after the AOS interview was done? Please post your experiences, we can get some guidance on the timeline.
were u EB2, how long after the FP message
helponline1 said:Tangohi;
I am also in the same situation. It has been over a month I was interviewed for AOS. Before going for interview I had checked the case status on line which said ' results of your fingerprinting review were received on xxx and processing has been resumed on your case". At the interview the officer said that though the case is approvable, he could not issue 551 stamp due to the pending FBI check. I then hired a lawyer who said that fingerprinting results and FBI clearance are two different things. Nobody knows how long does it take. My lawyer said it could take anything between one week to several years, however in most cases the clearance comes in within 2 months.
Anyone there with the similar experiences where they got their FBI clearances after the AOS interview was done? Please post your experiences, we can get some guidance on the timeline.
Surpising how CSC gets name check over, many 485 cleared in 3 months
AtlGC_Guy said:I have a pending 485 EB3 and the USCIS keeps telling me that my background check is not cleared yet or else my 485 would have been approved. They said my background/security check been pending since Feb'2004 which is 1 year 7 months.I contacted the Senator for help requesting them to check with FBI Name Check. The Senator contacted USCIS instead of FBI and USCIS keeps saying that its not the FBI check thats pending but one of the several Background checks they do. They dont tell anything other than that they do several checks with several agencies. God knows what else they do other than FBI Name check.
Experts, any ideas on what other checks we will go thru apart from FBI Name check? Appreciate your response.
I was interview last October.
The officer told me he was waiting results of the name check.
Even if I just take the interview date into account it has been over 10 months since my name check is pending.
I am not taking into account my PD date or the time when my 485 was files which was early very early 2003. so if i take that into account it has been 29 months approx for my name check.
and I am under CSC.
The officer told me he was waiting results of the name check.
Even if I just take the interview date into account it has been over 10 months since my name check is pending.
I am not taking into account my PD date or the time when my 485 was files which was early very early 2003. so if i take that into account it has been 29 months approx for my name check.
and I am under CSC.
mine got approved yesterday
Name Date .......NC Initiated Date ...NC Cleared
dima66a...............Dec-02..............Jun-05
FavorOfGod...........Dec-02...............Jun-05
XYZ.....................Dec-02..............Jun-05
Tomcat74.............Dec-02..............Aug-12
steveva2001.........Feb 03
slt.......................Mar-03
pharmboy.............Apr-03
gegemon..............Apr-03
getnkk.................May-03
MD_Rockville.........Jul-03
kevinwushao.........Jul-03................Jun-05
LCSilence.............Jul-03
PHSESAaug...........Aug-03
Srisss .................Aug-03................May-05
candie.................Sep-03......do not know, but I-485 got approved 8/23
walt1891..............Sep-03
Compass..............Oct-03
Inlineforgc_03.......Oct-03
MD_Germantown....Oct-03.................Jul-05
Belle2?.................Nov-03
benbenr...............Dec-03
mgzh...................Jan-04
Hidden_Man..........Mar-04
Shrek..................Mar-04
GCCrak................Mar-04
eternal_labor........04-Mar-04
stats...................Apr-04
my485_04............13-May-04
nandpc................19-May-04
Quizfan...............Jun-04.................Jul-05
heha...................Jun-04
Malgi...................Jul-04
Wang2Mazi...........Jul-04
Outletvolt1...........Aug-04
romit...................Sep-04
ultraraj................Sep-04
joshi343...............Dec-04
ninehead..............Dec-04
Timaeuti..............Jan-05
pbkreddy ...........09-Feb-05
Contact00007.......Feb-05
stinger................Apr-05
sunjoshi...............Apr-05
mailgc2001...........May-05
happy4you...........Jun-05
al_aos..................????
Name Date .......NC Initiated Date ...NC Cleared
dima66a...............Dec-02..............Jun-05
FavorOfGod...........Dec-02...............Jun-05
XYZ.....................Dec-02..............Jun-05
Tomcat74.............Dec-02..............Aug-12
steveva2001.........Feb 03
slt.......................Mar-03
pharmboy.............Apr-03
gegemon..............Apr-03
getnkk.................May-03
MD_Rockville.........Jul-03
kevinwushao.........Jul-03................Jun-05
LCSilence.............Jul-03
PHSESAaug...........Aug-03
Srisss .................Aug-03................May-05
candie.................Sep-03......do not know, but I-485 got approved 8/23
walt1891..............Sep-03
Compass..............Oct-03
Inlineforgc_03.......Oct-03
MD_Germantown....Oct-03.................Jul-05
Belle2?.................Nov-03
benbenr...............Dec-03
mgzh...................Jan-04
Hidden_Man..........Mar-04
Shrek..................Mar-04
GCCrak................Mar-04
eternal_labor........04-Mar-04
stats...................Apr-04
my485_04............13-May-04
nandpc................19-May-04
Quizfan...............Jun-04.................Jul-05
heha...................Jun-04
Malgi...................Jul-04
Wang2Mazi...........Jul-04
Outletvolt1...........Aug-04
romit...................Sep-04
ultraraj................Sep-04
joshi343...............Dec-04
ninehead..............Dec-04
Timaeuti..............Jan-05
pbkreddy ...........09-Feb-05
Contact00007.......Feb-05
stinger................Apr-05
sunjoshi...............Apr-05
mailgc2001...........May-05
happy4you...........Jun-05
al_aos..................????
Name check processing time is so randomn, there is no way to know when it is going to be cleared. A peace of mind is better than $3000 in pocket. However, my name check may be cleared tomorrow. Now it is getting hard to make a decision about the lawsuit.
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For those interesing in lawsuit: USCIS reinterpeting 245(k)
I just read on shusterman.com about recent reinterpreting of 245(k) by USCIS.
Those interested could read in details.
My understanding is that: you file lawsuit, get denied, 485 gets denied. YOU LOOSE, you don't have any chance to resubmit 485 again promptly. USCIS will just reject it. You have to go to home country and apply for immigration visa!
The only exception if by the time of refiling 485, less than 180 days elapsed since the expiration of your I-94 with NON-IMMIGRANT VISA STATUS (not AOS !!!!)
Beware!
I just read on shusterman.com about recent reinterpreting of 245(k) by USCIS.
Those interested could read in details.
My understanding is that: you file lawsuit, get denied, 485 gets denied. YOU LOOSE, you don't have any chance to resubmit 485 again promptly. USCIS will just reject it. You have to go to home country and apply for immigration visa!
The only exception if by the time of refiling 485, less than 180 days elapsed since the expiration of your I-94 with NON-IMMIGRANT VISA STATUS (not AOS !!!!)
Beware!
Lucky you ..
Dima66a,
You have got onle lucky company their !! I asked my company and attorney they said no way they are going against Uncle Sam. I even said I will pay the fees but no response. They also warned me that writ of Mandamus is not that easy and straight forward but rather involves lots of painful, stress and lots of hardship which one would feel when actually goes to court.
-Sonpapdi
dima66a said:they should have some legitimate reason to deny. if there is no reason, I think it is quite safe to file writ of mandamus. I am trying now to convince my company to pay for it.
Dima66a,
You have got onle lucky company their !! I asked my company and attorney they said no way they are going against Uncle Sam. I even said I will pay the fees but no response. They also warned me that writ of Mandamus is not that easy and straight forward but rather involves lots of painful, stress and lots of hardship which one would feel when actually goes to court.
-Sonpapdi
dima66a said:they should have some legitimate reason to deny. if there is no reason, I think it is quite safe to file writ of mandamus. I am trying now to convince my company to pay for it.
Yes, in your case there is no reason. My message is addressed primarily to those who are planning to move stalled namecheck using writ of mandamus...Inability to complete security checks in XX days is the reason by itself.
sonpapdi said:Dima66a,
You have got onle lucky company their !! I asked my company and attorney they said no way they are going against Uncle Sam. I even said I will pay the fees but no response. They also warned me that writ of Mandamus is not that easy and straight forward but rather involves lots of painful, stress and lots of hardship which one would feel when actually goes to court.
-Sonpapdi
If you are willing to foot the bill for legal fees, what ties you down to your company lawyer? I-485 stage is independent and you can go ahead and shop around for lawyer, who is willing to take your mandamus lawsuit
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There is no motivation for your company to help you with the lawsuit, because as long as your I485 is pending, you still can work for them and probably you don't want to change the job because of this.
If they help you with the lawsuit, more money spent, more work for HR, and if you get your GC, you might leave, if your GC denied, like you said, you cannot work for them anymore.
If they help you with the lawsuit, more money spent, more work for HR, and if you get your GC, you might leave, if your GC denied, like you said, you cannot work for them anymore.
LCSilence said:Slt, are you trying to talk yourself out of the lawsuit?
Most writ of mandamus case will be settled. If so, there is no chance for I485 to be denied because name check pending.
No, I am not trying to do that. The point I was tried to make is that if the lawsuit doesn't get settled out of court, and actually proceeds to the stage of mandamus being issued to USCIS. They can deny. I do realize that almost all of them get settled, that is confirmed by my lawyer.