VSC Processing Times Update

Case approved !!!

Well, here comes my Christmas present: just got a bunch of e-mails from CRIS that my and my wife's I485 AOS applications have been approved!!!!!!!!!

Still could not belive in it after being waiting for almost 3 years...

One I should say for sure: only my lawsuit caused things to move around in USCIS.

Wishing good luck to all others who would find courage and time to fight for their cases!


Here are my details:
I140 EB1-OR
I485 AOS
RD: 03.2003
I140 AD: 12.2004
Mandamus lawsuit filed: 10.20.2005
I485 AD: 12.23.2005
 
Let me be the first one to congratulate you!! And happy holidays!

Just don't forget to lurk around the forums in the future to help others out in a similar situation :)
 
Good News

Congratulations!!! Finally justice is served ;-)
Gegemon said:
Well, here comes my Christmas present: just got a bunch of e-mails from CRIS that my and my wife's I485 AOS applications have been approved!!!!!!!!!

Still could not belive in it after being waiting for almost 3 years...

One I should say for sure: only my lawsuit caused things to move around in USCIS.

Wishing good luck to all others who would find courage and time to fight for their cases!


Here are my details:
I140 EB1-OR
I485 AOS
RD: 03.2003
I140 AD: 12.2004
Mandamus lawsuit filed: 10.20.2005
I485 AD: 12.23.2005
Click to expand...
 
Congratulations Gegemon !

Congratulations Gegemon !

Thanks for updating us. Looks like the mandamus filing did work.

Can you send me a draft of the petition ?

Thanks very much. Enjoy your freedom !
 
Is it worth calling USCIS VSC for name check

Hi timeauti,
My PD is Oct 2002 EB3 and working in 2nd EAD.140 Approved in oct 2004 and 485 filed in Oct 2004. Did Fingerprinting on Jan 2005 recieved fingerprinting by usicis on mar 2005.In this scenario do you think my case is under name check. Can you tell me how to find out whether my case is stuck in name check or not. I think per the retrogression effect vsc is still processing 99 cases for approving 485.
Any help is greatly appreciated
Please Advice
Thanks
Khadash(Guru.K)
 
Folks if your name check has been pending for more than 1 and a half years. Do what I did.

Everyone, here is the Mandamus that I served yesterday to FBI, DHS and USCIS. The clerk told me to make 4 sets, 1 for the Judge, send one to DHS and USCIS all in one filing, the next one to the FBI i.e Alberto Gonzales and then the last one to the disctricts US Disctrict Attorney (don't ask why)

https://www.wazzuptech.com/I485Mandamus.doc

One thing though. Make your case air tight. Also there is a link that you might want to look at

http://www.dhs.gov/dhspublic/intera...torial_0497.xml

This is going to be my next step.

Also what was finally decided about the HR 4437 ? Reason I ask this is becasue all you are planning to do will be moot as that Bill is very dangerous and can mess all legal immigrants and there will be no judicial support if that goes thru ?
 
tsa3400,
Your name check must have been started before the PDs retrogressed. Is the name check started after the visa number is allotted?
Thanks
 
h1empl said:
Congratulations Gegemon !

Thanks for updating us. Looks like the mandamus filing did work.

Can you send me a draft of the petition ?

Thanks very much. Enjoy your freedom !
Click to expand...

I have posted a copy of my Mandamus Petition today.
It is located on page 14 of "Anyone with a lawsuit against USCIS or thinking about a lawsuit" thread in "US Citizenship" forum (even though my petition is for AOS application - not citizenship). Here is a link:

http://www.immigrationportal.com/showthread.php?p=1326236#post1326236

Have a Happy New Year!
 
Gegemon said:
I have posted a copy of my Mandamus Petition today.
It is located on page 14 of "Anyone with a lawsuit against USCIS or thinking about a lawsuit" thread in "US Citizenship" forum (even though my petition is for AOS application - not citizenship). Here is a link:

http://www.immigrationportal.com/showthread.php?p=1326236#post1326236

Have a Happy New Year!
Click to expand...
Gegemon Congratulations...
It is really painful to see the facts you mentioned therein.
 
Thanks

Gegemon,

Thanks for posting your petition template. My case timeline etc, situation very closely resembles yours. My case is out of retrogression from this month. So I will file the petition in a couple of weeks.
 
H1empl, Assur, and Sudh, gb04, Akbari,

Thank you for your congratulations!

My case was stuck in FBI name/DOB check as yours. But through congressional inquiry I was able to learn that USCIS sent my name check request to FBI not in 2003 when I submitted my AOS papers, but only in February 2005! So USCIS was waiting all this time on FBI response without sending a request!!!

And after they actually sent the request - I got stuck. And that meant that I stuck in FBI with my name check "priority date" of 02.2005, not 2003! So I had no chances of getting my namecheck cleared in the next 2 years! other than filing a lawsuit....
Well this was a story behind my case.

I hope your cases will be resolved soon with or without filing a lawsuit! From other posts I read that FBI is done with 2002 stuck cases and are actively working on 2003 stuck cases.
 
Name check priority date puzzle

Gegemon,
My name check query and FOIPA request with FBI also was returned saying that INS request was received by FBI only in Feb 2005. I filed 485 in July/Aug 2003. My finger print was done in Sept 2004. I don't understand what you mean by 'name check priority date on 2005'. I always believed there is only one priority date for your GC - doesn't matter when the name check request was sent to FBI although what INS did till Feb 2005 without requesting for name check is another issue. I don't believe FBI process name check based on any priority date. I know quite a few friends who filed for 485 in 2004 and their GC came by end of 2004. Their name check could not have been requested before 2004.
 
Hi H1empl,

This is amazing that your name check request has not been sent to FBI till Feb. 2005. It looks like INS was making some checks on their files at that time so both mine and your requests were sent at that time.

As for "name check priority date" - there is no such "official" date. My theory is - when INS sends a namecheck request to FBI, it goes through FBI computer program for name checking. If your name does not get "ident" or "hit" - it gets cleared right away. If it is "ident" - you are in big trouble. If it is a "hit" - your name will be put in a long query of other "hits". This is where "FBI name check priority date" comes to play. As you know FBI is currently working on their backlog of 2002-2003 "hits" - and this is a manual process of requestin paper documents from local FBI offices and looking through them. Naturally it will take another 2 years or so for them to get to 2005 "hits". FBI has no idea when you submitted your AOS application - all their have on record is your A#, name and date of name check request submission from INS. Nothing to do with your INS "priority date" That is why I did not see any other ways for my case to get cleared soon rather than filing a lawsuit.
These are just my thoughts how the name check process work based on all the info I got from this forum and other documents. I might not be right.

I hope that your name check gets expedited and cleared shortly after you file your court petition! Good luck! Please let me know if I can help in any way.


h1empl said:
Gegemon,
My name check query and FOIPA request with FBI also was returned saying that INS request was received by FBI only in Feb 2005. I filed 485 in July/Aug 2003. My finger print was done in Sept 2004. I don't understand what you mean by 'name check priority date on 2005'. I always believed there is only one priority date for your GC - doesn't matter when the name check request was sent to FBI although what INS did till Feb 2005 without requesting for name check is another issue. I don't believe FBI process name check based on any priority date. I know quite a few friends who filed for 485 in 2004 and their GC came by end of 2004. Their name check could not have been requested before 2004.
Click to expand...
 
How does one find out on Name check

Hwo does one find out if the name check is cleared or not. Earlier there was an email address that one could write to and FBI replied on the status. Now I don't think they haev any such email reply systemin place.
I have filed my I485 in Nov'03 and of couse I am stuck in retrogression, but at the sae time I amnot sure if the name check is completed.
Please advise how can i find out the status of my name check.

PD: Dec'01 (EB3).
I485 : Nov'03.
EAD : Applying for the third one.

Thanks in advance
 
The date moves to December 16, 2004

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

Which means the processing time for AOS at VSC is 12-13 months. If you filed significantly earlier than December 16, 2004, and your case still has not received adjudication, it is probably stuck with FBI name check and/or retrogression.

This thread will have a second anniversary this coming Sunday. I have been running it for two years now. Hopefully, I will not have to run it much longer, for yesterday I filed Mandamus law suit in federal court.

I have a question for those who have successfully filed the law suit. I know that the gocernment is supposed to respond to it within sixty days. Does the sixty days count begin from the day I submit a certified letter to the post office or from the day the government receives the letter?
 
timaeuti said:
Hopefully, I will not have to run it much longer, for yesterday I filed Mandamus law suit in federal court.

I have a question for those who have successfully filed the law suit. I know that the gocernment is supposed to respond to it within sixty days. Does the sixty days count begin from the day I submit a certified letter to the post office or from the day the government receives the letter?
Click to expand...

This is a step in a right direction - filing a lawsuit! Congratulations on making such an important step. My case got approved 63 days after filing mandamus complaint.

60 days count starts from the day when defendants are served ( the date written on return receips from your summons). But the most important date - is when the local US Attorney got served. When you receive all return receipts back, you can file an "affidavit of service" with your court so they will know from which date they have to start counting those 60 days. But usually USAttorney is on top of it and he/she will contact you day or two before this deadline and inform you on the status of your case and if they need to ask for some extension of time.
 
Detailed steps for filing mandamus petition

Gegemon, timaeuti,
Please give me detailed steps for filing the mandamus petition. I have to do it now. I have downloaded some documents from this thread and the other thread that Gegemon sent.
timaeuti - did you send a demand letter before filing ?

Thank you
 
Gegemon, timaeuti,
Please share the procedure i.e. how to do it, tips,expenses,things to remember etc. That would be a great help for people like us sitting in a similar boat...
Thanks..
 
extreme frustration

I am just extremely frustrated today as I just learned that a colleagues 485 got approved. He applied only in Feb 2005 and then had got 1 EAD.
I recall my labour was filed exactly 8 years ago - labor approved and 140 approved 7 years ago. 485 filed July 2003 - just applied for 4th EAD. Everything current. Can't express my anger (atleast not on the internet).
 
You must log in or register to reply here.
Top