Stuck in Security Check - What steps to be initiated??

L

librau

Registered Users (C)
Hi Gurus,

I have filed I-485 at Nebraska on Jan 20, 2007 and took infopass to find out the status of my case. The security check had been cleared for my family by Jan 30, 2007 ( With 10 days of filing ) while mine is still not cleared.:mad:

Is there any step by step process for this? Is it first I need to apply FBI ? or raise FOIPA? or to write a letter to Senator?

Appreciate your kind guidance.
 
First, sent a FOIPA inquiry to FBI

First, sent a FOIPA inquiry to FBI to make sure there no case at FBI against you. Later, if you receive FOIPA inquiry result letter back from FBI and if the result is "No-Records", that means that there is no case at FBI against you.

Thereafter, you can send letters to Senators asking their help to expediate your case, because your case's delay is the administration reason only.

For more information about FBI name check, please see http://www.greencardapply.com/news/news07/news07_0829.htm and http://www.greencardapply.com/news/news07/news07_0920.htm


VectorP
www.greencardapply.com
www.greencardfamily.com
 
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vectorP said:
First, sent a FOIPA inquiry to FBI to make sure there no case at FBI against you. Later, if you receive FOIPA inquiry result letter back from FBI and if the result is "No-Records", that means that there is no case at FBI against you.

Thereafter, you can send letters to Senators asking their help to expediate your case, because your case relay is the administration reason only.

For more information about FBI name check, please see http://www.greencardapply.com/news/news07/news07_0829.htm and http://www.greencardapply.com/news/news07/news07_0920.htm


VectorP
www.greencardapply.com
www.greencardfamily.com
Click to expand...
I am stuck too and i sent letter to senator.They did reply and said they have contacted USCIS and they got same reply about NC pending .
However senator letter said that they cann't expedite this . All they can do is inquire about it. They have asked me to contact them again by 12/31/07 if i don't get it cleared.

I called today USCIS and they said its still pending . unless its cleared they won't assign VISA number :(

i am close to 5 yr wait now for GC
 
Is the Name Check initiated after the Fingerprinting is done? or is it done when the receipt number is issued? How can I know when the Name Check is initiated? Any answers?
 
resident1374 said:
Is the Name Check initiated after the Fingerprinting is done? or is it done when the receipt number is issued? How can I know when the Name Check is initiated? Any answers?
Click to expand...
you can only find out via infopass or if you are lucky IO might tell u on phone.
 
Got FBI clearance-No Record for Canada, Will it help for I 485 Name Check Process?

Hi all,

I had applied for I 485 on June, 2007. When I went for infopass, the officer told me that my name check is pending.

Before I could apply for I 485, I was planning to apply for Canadian immigration, so for that purpose I applied for FBI clearance, sending my fingerprints. After 3 months, I got a reply NO RECORDS. Eventually, I didnot pursue with canadian immigration, since my PD was current for I 485.

Can I take another infopass and show the IO, that I have FBI clearance certificate and whether the process can be expedited?

OR, Can I talk with my senator stating that I have the FBI clearance certificate with NO RECORDS?

Please advise.
 
You got Fingerprinting clearance for Canadian Immigration.

Fingerprinting check for US clears in 24-48 hours. Name Check is different.

It is the Name Check - a long wait, which is different than Fingerprinting check.
 
vectorP said:
... ... if you receive FOIPA inquiry result letter back from FBI and if the result is "No-Records", that means that there is no case at FBI against you.
... ...
Click to expand...
Not exactly. FOIPA only shows you results from the check using FBI's primary database. It doesn't say anything about the result from the expanded database. This is clearly stated in the FOIPA letter from FBI. And the bad thing is, whenever one is stuck in NC, it is because he/she is stuck by the expanded database. So, basically, FOIPA is really useless except that it gives you a document that you could you if you file a WOM later.
 
The FOIPA is NOT useless

The FOIPA is NOT useless, its result is the direct evidence from US government that the name check delay is not your fault, but goverment agencies' (USCIS, FBI) administrative reason only.

With the FOIPA result, you can send letters to Senators/ComgressMan to push the progress of your case, and indicate that the delay is not because of your problem.

Also, if the delay is too long, with the FOIPA result, what you can do is to file and MANDAMUS ACTION at the United States District Court to ask Court to push USCIS & FBI to expedite your name check process. Mandamus Action can be used to compel administrative agencies to act. The federal statute authorizing mandamus actions is 28 U.S.C. § 1361, sometimes known as “The Mandamus Act.” That statute says: Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. In this way, you ask the Federal Court to ORDER the USCIS & FBI to expedite your name check process, instead of your writing letters again and again to USCIS/FBI without any progress.



VectorP
www.greencardapply.com
www.greencardfamily.com
 
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