Stuck in Name Check??? Let's track it

Congrats and I am in Boston too

Hi karatekid,
I am in Boston and planning to file pro se a WOM for my AOS(employment based I-485) application on 18 month mark. Can you please send me an email so I could get an idea of kind of documents that you prepared. If you don't mind may be we can share them after you remove your personal information.

I am 100% sure it is WOM that did it.

Savor the success and would love to hear from you as I don't see many WOM cases for AOS in MA.

Best regards,
Jeff
karatekid said:
Dear all,

I got the big news yesterday: my I485 has been approved and the notice was mailed !!!!

I feel like I lost 10 points in my blood pressure and fresh like Curt Shilling or A-Rod: I am now a free agent !!!!

All I can say, at least in my case, is that the WOM is what made it. We had filed at the end of July and I received a request for my 2nd FP in early September. My mandamus got to a district attorney with an answer due on October 14th. The TSC resisted and refused to expedite so the DA filed for a 30 day extension (until Nov 14th) by my lawyer told me yesterday that it had been approved. I am not sure, but maybe the fact that it is a Massachusetts DA helped.

Hold on and best of luck to all of you. Thank you for all the valuable information and experience exchanges. I will let you know when the GCs arrive.

Take care.
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Glad to hear WOT worked for you , and like you said depends on the state.
i am not sure what will be my next move.

i had a INFOPASS this morning and the agent told me the case is pending name check .....at my request to the FBI under the FOIA can delay my case.
i found it very weird since people been saying that is helps.

is it true that you get the NC cleared few months after the WOT been dismissed. ???
Lots of people say yes, some lawyers claim that FBI receives a notice to expedite once you file the WOT.

any comments ??



karatekid said:
I think we cannot make a general assumption about the WOM cases. I truly believe that mine is what made it. So I would say that important factors are the king of GC application (yours was family based vs. company sponsorship), and also very importantly the state. Some judges are known to take "anti-government" stances and you should try to do your best through your lawyer to figure out the names of the DA and the judge assigned to your case. Then dig into their past rulings and cases to figure out your chances.

Just my 2 cents...

Good luck to all,

karatekid
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Thanks jefkorn,

Unfortunately I did not do it on my own and used a company lawyer so I don't have any details about how the case was filed... The best advice I can give is to try to get the actual names of the DA and judge in charge and investigate their past cases and ruling history. It will help you to prepare your case as you can refer to previous succesful cases and try to use them to set precedents. Judges are usually pretty lazy on cases like this so you want to make it as simple and easy as possible for them to rule in your favor, reject the DA's request for dismissal, and set a pecific date for the government to issue a decision on your 485.

Sorry I cannot be of more help,

Good luck!

karatekid

jefkorn said:
Hi karatekid,
I am in Boston and planning to file pro se a WOM for my AOS(employment based I-485) application on 18 month mark. Can you please send me an email so I could get an idea of kind of documents that you prepared. If you don't mind may be we can share them after you remove your personal information.

I am 100% sure it is WOM that did it.

Savor the success and would love to hear from you as I don't see many WOM cases for AOS in MA.

Best regards,
Jeff
Click to expand...
 
Hi eliama,

To be honest with you, I don't know exactly how it got approved, just certain that the mandamus made the difference. When you file your case, it ususally gives them 2 months to reply. Then, even if they drag their feet and apparently refuse to expedite anything, the threat of going to court usually pushes the DA to lean on them. I am not sure how my NC got cleared from that but they certainly have enough time with close to 3 months to get it approved. Again, in my case, the TSC initially refused to expdite, the DA filed for a 30-day extension but then the GC was approved 2 weeks later.

Good luck and don't loose faith !

karatekid

eliama said:
Glad to hear WOT worked for you , and like you said depends on the state.
i am not sure what will be my next move.

i had a INFOPASS this morning and the agent told me the case is pending name check .....at my request to the FBI under the FOIA can delay my case.
i found it very weird since people been saying that is helps.

is it true that you get the NC cleared few months after the WOT been dismissed. ???
Lots of people say yes, some lawyers claim that FBI receives a notice to expedite once you file the WOT.

any comments ??
Click to expand...
 
Wow! company was willing to go for WOM. That's hard to believe but I guess it can happen. You case must have been reported in the PACER which is an online repository of cases filed throughout the country.

Do you know your case number?

When filing such a case, the plaintiff gathers the evidence of different ways he/she tried to resolve it outside the court. It includes but not limited to letters to congressmen, FOIA with FBI, letter to service center director etc. Did you do any of that?
karatekid said:
Thanks jefkorn,

Unfortunately I did not do it on my own and used a company lawyer so I don't have any details about how the case was filed... The best advice I can give is to try to get the actual names of the DA and judge in charge and investigate their past cases and ruling history. It will help you to prepare your case as you can refer to previous succesful cases and try to use them to set precedents. Judges are usually pretty lazy on cases like this so you want to make it as simple and easy as possible for them to rule in your favor, reject the DA's request for dismissal, and set a pecific date for the government to issue a decision on your 485.

Sorry I cannot be of more help,

Good luck!

karatekid
Click to expand...
 
Yes, I went through all these steps (letter to Senator Kennedy, MA; no criminal records from FBI; fax to FBI service center director) and they were all included in the documentation. Again, to help you guys and gals, here is how it happened over time:

- I had been transferred like many of us from VSC to TSC in March 07
- July 26th: filed WOM
- Aug 22nd, LUD saying that processing had resumed and that my case was now pending with TSC
- Early Sept, received notice for FP, done on Sept 5th
- Oct 14th, end of 60+ days delay, district attorney said that he inquired with TSC but that they responded that I did not qualify under the criteria for expediting and that I had to wait, potentially up to 5 years! DA requested a 30-day extension, until Nov 14th
- Nov 1st: my lawyer prepared a brief (based on previous cases with this DA as well as successful cases ruled by the judge on my case) and contacted the DA to tell him what was coming. We intended to file our response right away on Nov 15th... but the DA then told him that my GC had been approved!!
- I checked on-line and saw the message from Oct 31st "approval notice sent". I am waiting for the GCs in the mail !!!

I hope this helps,

Karatekid

jefkorn said:
Wow! company was willing to go for WOM. That's hard to believe but I guess it can happen. You case must have been reported in the PACER which is an online repository of cases filed throughout the country.

Do you know your case number?

When filing such a case, the plaintiff gathers the evidence of different ways he/she tried to resolve it outside the court. It includes but not limited to letters to congressmen, FOIA with FBI, letter to service center director etc. Did you do any of that?
Click to expand...
 
Everyone,

Today my wife and I received the GCs in the mail !!!!
Boy can they be fast when they want to...

I will be going away from all threads soon but will be checking in for another week or so to see if you have questions or if I can help with anything.

Take care and good luck to everyone !

Karatekid
 
name check pending since Feb 05(32 months and counting...)

the time line:
feb 04-K visa approved
april 04-married in the states
june 04-I485 filed
feb 05-I485 interview(nc pending ever since)
june 07 change of address
renewed EAD twice, did infopass a couple times, had gone to congressman...no progress...

will my nc be affected by the move?
2 of my friends filed marriage based I485 also but got their nc cleared at the spot... and that was 2 years ago.


it's nov 2007... what's going on and where's my future?
 
Congrats Karatekid

I am really happy for you
i cannot wait to get mine

Your lawyer talked to the DA , i beleive mine did not at all. that probably made a difference.


QUOTE=karatekid;1815183]Everyone,

Today my wife and I received the GCs in the mail !!!!
Boy can they be fast when they want to...

I will be going away from all threads soon but will be checking in for another week or so to see if you have questions or if I can help with anything.

Take care and good luck to everyone !

Karatekid[/QUOTE]
 
Mandamus filed for extremely delayed I-485

I filed a Mandamus suit last month for I-485 based on marriage to a USC that was filed in 2002. AOS interview was in May 2005. Case pending security checks since then. Just last week, I got a notice for fingerprinting and interview at Garden City.
This is the first time I hear from the USCIS despite several inquiries over the past 2 years.
What do you think about this interview? Has someone got another AOS interview after filing a WOM? Do I need to contact the US Attorney or just wait?
Thanks
 
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Here are my details:
EB2 - India - PD - 12 MArch 2003
LC approved on july 2006
Filed I-140 on October 2006
Filed I-485/EAD/AP - June 23, 2007
FP done on August 2007
EAD received on 23 september 2007
I-140 approved on 10/25/07 ( received RFE on company financial took 45 days after response)
applied for wife's I-485.EAD/AP after approval of I-140 on 6th November 2007 (she was on F1 visa so did not want to put that in danger inase is I-40 got denied).
Current Status : I am on H1B
Not sure what happens next ? Not sure what LUD is still new to the I-485 form :->
Thanks,
Neeraj.
 
I am new here. Could anyone told me what is FOIA? What is FBI E-mail address to check if Name check initiate? Thanks for your help.
 
recommendation letter from congressman..for name check delays..

I presume we are talking about federal and not state. Given that, who is my congressman? Is it a Senator or Representative?

My zip code is 95050.

cheers!
 
Name Check and IBIS background checks are initiated 1-2 weeks after Notice Date.

FP check normally completes within 24-48 hours after one gives their FP's.

Name Check/IBIS checks are not dependent on FP check initiation in any way.

justdoit said:
Is the background/fbi/security/name checks initiated after fingerprinting or anytime?
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what si this LUD?

My 485 pending and I see a LUD on my approved AP on 08/05/2007. Ap was issued in Feb 2007. What does this mean. No changes to my 485!!
 
I lost hope...
I stoped visiting this forum long time ago. is there a list of PD for name check? anywhere i can track others stuck like me since Dec 2005 ?
please advise...
 
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