Worst case background check story

A

ahwa

New Member
The receive date of my I-485 case (TSC) is in Jan. 2003, it has been pending for 3.5 years now. My priority date (EB-2) became current since April this year. I did inquiries to USCIS, all came back with the bad news of case delaying due to name check pending and told us not to bother them for the next 6 months. We didn't know when the name check was submitted to FBI but assumed it was submitted right after our I-485 RD (as many in this forum believed so). But recently, we went on to an Infopass appointment for more information, and was just then told that my name check was not even initiated until April 2005 (this is the first and only request USCIS ever sent to FBI for my background check). :mad: Now, I don't know how many more years I will have to wait for this queue to clear up. Last night, I got a reply from FBI to my earlier request to them for a case expedite. The reply was more of a standard reply saying that they are doing name check in a first-in first-out manner, and I should wait for my turn to come and they are not taking expedites other than from USCIS.

Really, what else can I do now? We have tried Congressman and Senator Offices, but they both stated they had no right to request case expedition. The thing is they don't seem to have sympathy on our case and one lady told us directly that they are more willing to help urgent cases instead of our case where both my wife and I are living together and having a job. It sounds to me the 3.5 years waiting and unfairness is never a valid reason to them.

I also don’t know if a WOM is suitable to my case due to the discouragement from some lawyers. Since I changed job and used AC21, I am worrying about the negative result a lawsuit can bring. Also my wife is working on EAD card right now, a case denial could put her out of status.

Is keeping waiting the only thing I can do now? Can anyone give me some suggestions to what else I can try? And I also want to remind some long NC pending cases that the NC delay could be partially due to USCIS’s fault for not sending out the request timely.
 
Sorry to hear your case.?
My NC pending too from ages.

How did you contact FBI (email/snail mail)?
 
You are not alone, look at my signature. I don't think there are any more we can do about it. We are just among a small percentage of people who got hand pick by the FBI for detail background check (I guess). It is still normal process, we are just in bad luck comparing to others. Just like you, I am very frustrated and distracted, but trying to live on lives, be positive. Good luck!
 
ahwa said:
The receive date of my I-485 case (TSC) is in Jan. 2003, it has been pending for 3.5 years now. My priority date (EB-2) became current since April this year. I did inquiries to USCIS, all came back with the bad news of case delaying due to name check pending and told us not to bother them for the next 6 months. We didn't know when the name check was submitted to FBI but assumed it was submitted right after our I-485 RD (as many in this forum believed so). But recently, we went on to an Infopass appointment for more information, and was just then told that my name check was not even initiated until April 2005 (this is the first and only request USCIS ever sent to FBI for my background check). :mad: Now, I don't know how many more years I will have to wait for this queue to clear up. Last night, I got a reply from FBI to my earlier request to them for a case expedite. The reply was more of a standard reply saying that they are doing name check in a first-in first-out manner, and I should wait for my turn to come and they are not taking expedites other than from USCIS.

Really, what else can I do now? We have tried Congressman and Senator Offices, but they both stated they had no right to request case expedition. The thing is they don't seem to have sympathy on our case and one lady told us directly that they are more willing to help urgent cases instead of our case where both my wife and I are living together and having a job. It sounds to me the 3.5 years waiting and unfairness is never a valid reason to them.

I also don’t know if a WOM is suitable to my case due to the discouragement from some lawyers. Since I changed job and used AC21, I am worrying about the negative result a lawsuit can bring. Also my wife is working on EAD card right now, a case denial could put her out of status.

Is keeping waiting the only thing I can do now? Can anyone give me some suggestions to what else I can try? And I also want to remind some long NC pending cases that the NC delay could be partially due to USCIS’s fault for not sending out the request timely.
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sorry to hear that.
In my opinion, you should contact your representative again and request them for a status inquiry with FBI (to know when the FBI received request from USCIS). If it was submitted to FBI in 2005, you may have to wait for some more time! Also if you have not done so, request a FOIPA report from FBI. Please refer to my posting on namecheck and see if it helps.
Good luck,
 
Toxsci said:
sorry to hear that.
In my opinion, you should contact your representative again and request them for a status inquiry with FBI (to know when the FBI received request from USCIS). If it was submitted to FBI in 2005, you may have to wait for some more time! Also if you have not done so, request a FOIPA report from FBI. Please refer to my posting on namecheck and see if it helps.
Good luck,
Click to expand...
Toxsci, thank your for the suggestions. And thank your for your earlier "Name-check-FAQs" post. That was helpful to me. Yeah, guess I would request a FOIPA report first and keep working with the Congressman office. At least, I should keep fighting than sitting back. Thanks.
 
Sorry to hear that. I applied under EB1OR and my Name check is pending from 1.5 years. My husband and I am living separetely since last 3 years even then Congressperson in my area is doesnot consider it urgent. They only do status enquiry. I tried everything ,writing to FBI, USCIS and even my employer has written to FBI as well as USCIS. So we are on FBI's mercy, can only pray :mad: .

Good luck to all of us.

UB


ahwa said:
The receive date of my I-485 case (TSC) is in Jan. 2003, it has been pending for 3.5 years now. My priority date (EB-2) became current since April this year. I did inquiries to USCIS, all came back with the bad news of case delaying due to name check pending and told us not to bother them for the next 6 months. We didn't know when the name check was submitted to FBI but assumed it was submitted right after our I-485 RD (as many in this forum believed so). But recently, we went on to an Infopass appointment for more information, and was just then told that my name check was not even initiated until April 2005 (this is the first and only request USCIS ever sent to FBI for my background check). :mad: Now, I don't know how many more years I will have to wait for this queue to clear up. Last night, I got a reply from FBI to my earlier request to them for a case expedite. The reply was more of a standard reply saying that they are doing name check in a first-in first-out manner, and I should wait for my turn to come and they are not taking expedites other than from USCIS.

Really, what else can I do now? We have tried Congressman and Senator Offices, but they both stated they had no right to request case expedition. The thing is they don't seem to have sympathy on our case and one lady told us directly that they are more willing to help urgent cases instead of our case where both my wife and I are living together and having a job. It sounds to me the 3.5 years waiting and unfairness is never a valid reason to them.

I also don’t know if a WOM is suitable to my case due to the discouragement from some lawyers. Since I changed job and used AC21, I am worrying about the negative result a lawsuit can bring. Also my wife is working on EAD card right now, a case denial could put her out of status.

Is keeping waiting the only thing I can do now? Can anyone give me some suggestions to what else I can try? And I also want to remind some long NC pending cases that the NC delay could be partially due to USCIS’s fault for not sending out the request timely.
Click to expand...
 
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