TSC Consolidated 485 Tracker

So 2007 came and went, and I did not get my green card approved due to being stuck in name check.

I wish all my fellow name check sufferes the best of luck in 2008!

I have been stuck in NC since Nov 2004. You can not just look at your I485 RD and find yourself in the row of applicants waiting for their approval. Yours approval might come tomorrow and mine might come 14 years later. I believe the plan is to discourage us from getting GC. I believe 3 years was more than enough time for them to have my NC finalized. Pass or Fail.
The good strategy is not to think about it at all.
 
Hi all,

I wish you and your families a very good new year. I also hope that all of you get approved very soon.

Regards,
 
does anyone know if this bill was passed into law?


A BILL
To reduce the backlog in processing requests made by U.S. Citizenship and Immigration Services to the National Name Check Program of the Federal Bureau of Investigation.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Citizenship and Immigration Backlog Reduction Act'.

SEC. 2. BACKLOG REDUCTION.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

(b) Elements of Plan- The plan shall include the following elements:

(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

(2) the name check fee shall be fully refunded.

(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.
 
does anyone know if this bill was passed into law?


A BILL
To reduce the backlog in processing requests made by U.S. Citizenship and Immigration Services to the National Name Check Program of the Federal Bureau of Investigation.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Citizenship and Immigration Backlog Reduction Act'.

SEC. 2. BACKLOG REDUCTION.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

(b) Elements of Plan- The plan shall include the following elements:

(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

(2) the name check fee shall be fully refunded.

(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.

in order to see the status of a law, go to http://thomas.loc.gov, search the name of the law and then click on status. Laws like this are usuallly refered to the senate judiciary committee and will get stuck there for ever unless a lobbyist pushes for them.
 
Hi Guys,

Yesterday I received an e-mail from USCIS requesting for additional information (RFE) for my wife, but I do not know the content yet. Since I'm the primary applicant and she is the dependent, doe the RFE imply the name checking has been cleared for both of us? I heard a RFE could not be sent out unless the whole family package is assigned to an IO and background checking has been cleared. Is that true?

Thanks,
 
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Not necessarily. They can issue REFs anytime they want. Nonetheless, I would take a REF as a good thing. At least it means they are working on your case.


Hi Guys,

Yesterday I received an e-mail from USCIS requesting for additional information (RFE) for my wife, but I do not know the content yet. Since I'm the primary applicant and she is the dependent, doe the RFE imply the name checking has been cleared for both of us? I heard a RFE could not be sent out unless the whole family package is assigned to an IO and background checking has been cleared. Is that true?

Thanks,
 
Hi Guys,

Yesterday I received an e-mail from USCIS requesting for additional information (RFE) for my wife, but I do not know the content yet. Since I'm the primary applicant and she is the dependent, doe the RFE imply the name checking has been cleared for both of us? I heard a RFE could not be sent out unless the whole family package is assigned to an IO and background checking has been cleared. Is that true?

Thanks,

No, Please look at my signature. I got an RFE last year and namecheck cleared this year. USCIS preadjudicates applications.
 
No, Please look at my signature. I got an RFE last year and namecheck cleared this year. USCIS preadjudicates applications.

It seems you received your first RFE shortly after your I-485 was mailed. But I received the RFE 7 months after it was mailed. Does it make any difference?
 
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It seems you received your first RFE shortly after your I-485 was mailed. But I received the RFE 7 months after it was mailed. Does it make any difference?

One of my co-workers was like you. He got the RFE a few month after he filed but he is still waiting. I dont' say that your name check has not been cleared, I hope it is. USCIS is completely unpredictable!
 
Reply from TSC

I requested a service request from TSC 6 weeks back.

I got this letter today. It says as follows:

------------------------------------------------------------
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform addtional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below

------------------------------------------------------------
any idea what is going on with my case?

Thanks
 
I received the card in mail today. This forum has been a great place to get guidance and exchange ideas. I won't be checking it often but if I can share any information with anybody, please send me a private email on the forum. I will definitely reply. Goodluck and hope everybody gets approved soon. :)
 
COnrats to those who got approved

Now, fellow Indians, can you tell me when India EB2 with PD 2002 become current ?
 
you were so helpfull, one final question. how long you are in US?

I received the card in mail today. This forum has been a great place to get guidance and exchange ideas. I won't be checking it often but if I can share any information with anybody, please send me a private email on the forum. I will definitely reply. Goodluck and hope everybody gets approved soon. :)
 
Additional review

I received the response to SR I created in Nov. Says the application needs "additional review". Last time I got "background check open" response. Does that mean namecheck is clear?
 
Same here.

I received the response to SR I created in Nov. Says the application needs "additional review". Last time I got "background check open" response. Does that mean namecheck is clear?

I also got the same reply. I dont know how long they will take to process it.

Thanks
 
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airlines/countries do not recognize AP

Is there any list of airlines/countries that do not recognize AP (on our way back) and we should avoid them?
 
I received the response to SR I created in Nov. Says the application needs "additional review". Last time I got "background check open" response. Does that mean namecheck is clear?

USCIS is under a lot of pressure because this NC delay. I think their latest strategy is not to reveil the mystry behind the delay. I don't see any remedy anytime soon.


PD Jun 2002, ROW
LC approved, Oct 2005
I485 RD Nov 2006
I140 Approved April 2007
Stuck in NC since Dec 2007
Going on H1B 8th yr extension
 
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Pre-adjudication

No, Please look at my signature. I got an RFE last year and namecheck cleared this year. USCIS preadjudicates applications.

Does Pre-adjudication means that a visa number has been assigned to the case??
For me, the 60 day period after receiving the response on RFE by USCIS was over in mid December, but still no reply. Also, all checks cleared early 2nd qrtr last year.
 
Does Pre-adjudication means that a visa number has been assigned to the case??
For me, the 60 day period after receiving the response on RFE by USCIS was over in mid December, but still no reply. Also, all checks cleared early 2nd qrtr last year.

I am not fully aware of that.
 
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