Medi

Hello,

I am living in US for 15 years and married 2 years ago to a U.S
citizen. We passed the interview for I-485 on
November 2003 at Baltimore MD office, and still waiting for my
background check, it is almost 27 months with no news.


Could any one help me please?


Medi
Thanks

amanda772007

medi wrote:
    > Hello,
    > I am living in US for 15 years and married 2 years ago to a U.S
    > citizen. We passed the interview for I-485 on
    > November 2003 at Baltimore MD office, and still waiting for my
    > background check, it is almost 27 months with no news.
    > Could any one help me please?

May I make a sugestion? Go apply for a driver's lidence card saying
that you lost it and can't remember the number. The reason:

when I moved to this state, I replied for the DL license. (I hade
just graduated at the time or may be about to graduate since they could
still be preparign my degree certificate at that moment.) My passport
had F-1 student visa stamp.

They obviously did background check because I didn't receive my license
in 30 days as told. So about 2 1/2 weeks later, I called them. They
gave me another number and when I called, I was asked a few things. I
said I was going to school in another state and I just finished my last
semester there. The ladyt old me that they were waiting for the
clearance from the Dept of Homeland Security and they just got the
clearance and that I would get the DL in 3-5 days and I did.

I strongly belive that *that* background check became very helpful, i.e
make the process faster, when I applied for US residency last year.

In my case, it was a new DL that I was applying upon moving to this
state.

In your case, it's the same state. So I said to tell them you can't
remember your DL number is so that they would have to dig up and look
for your number and they will be forced to ckeck your background in the
process. Once DMV gets the clearance, this report will in your file
with Dept of Homeland Security and the immigration would beneffit too.
Just my 2 cents.

Now, some people would citicize me for this suggestion and I even know
who would would be the first one.






    >
    >
    > Medi
    > Thanks

Frank

Others could give more info. but I've heard:

1. you could involve your senator/congressman. most seems to have dedicated
liason's for following up on these issues. Worst case they'd get more
information. They might well help to get whatever is stuck "unstuck".

2. There's been a few cases there UCSIS have been sued to force them to
move. One guy even filed the papers himself without a laywer. Note that I
know very little about what this was about, how it was done or if it even
applies to you.

3. Perhaps there are other options that a lawyer could suggest.

Good luck
-F


--


"medi" <[email protected]> wrote in message
news:[email protected] ups.com...
    > Hello,
    > I am living in US for 15 years and married 2 years ago to a U.S
    > citizen. We passed the interview for I-485 on
    > November 2003 at Baltimore MD office, and still waiting for my
    > background check, it is almost 27 months with no news.
    > Could any one help me please?
    > Medi
    > Thanks
    >

jamie jo

I've also been living in US for more than 15 years. I was married almost 5 years ago and I applied 24 months ago. I am still awaiting background check.

I've been to UCSIS and they've told me sit and wait.

I've called fingerprint div. of FBI and they say there are a lot of people in the same boat and that current wait is 2-3 years from application.

FYI, I moved state four months ago and I applied for a new drivers license. I don't think this initiated a background check though.

Currently am sitting and waiting.

amanda772007

jamie jo wrote:
    > > Hello,
    > >
    > > I am living in US for 15 years and married 2 years ago to a U.S
    > > citizen. We passed the interview for I-485 on
    > > November 2003 at Baltimore MD office, and still waiting for my
    > > background check, it is almost 27 months with no news.
    > >
    > >
    > > Could any one help me please?
    > >
    > >
    > > Medi
    > > Thanks
    > I've also been living in US for more than 15 years. I was married
    > almost 5 years ago and I applied 24 months ago. I am still awaiting
    > background check.
    > I've been to UCSIS and they've told me sit and wait.
    > I've called fingerprint div. of FBI and they say there are a lot of
    > people in the same boat and that current wait is 2-3 years from
    > application.

BS. I applied 10 months ago and background check was cleard in less
than 6 months since I got my interview in 1st week of November 2005
(filed in 3rd week of May 2005) and less than 4 months after
fingerprinting which was mid July, 2 months after initial filing of
I-485.

Time to contact congress person.Seriously. Medi, you too. I forgot
that option.

Even though I live in a different state, background check comes from
central office and hence there is no justification for 2-3 years wait.
I was in family-based 4th category (sibling; long wait to file I-485)
though.

May be marraige-based are not given priority for backgrond check since
they get to file I-485 as the same time I-130 is filed. Just a WILD
guess. May be that is justice:)-

    > FYI, I moved state four months ago and I applied for a new drivers
    > license. I don't think this initiated a background check though.

May be they only do background check on those with student visa who
applies for DL. May be join flying class and apply for air pilot
license)-
    > Currently am sitting and waiting.

So you keep renewing EAD and they keep making 180 every year from you?


    >
    > --
    > Posted via http://britishexpats.com

ImmGuru1

This type of problem is unfortunately very common - Immigration
attorneys struggle with this issue regularly. There could be several
reasons for the delay. Your fingerprint clearance could have expired -
FP clearances are good for only 15 months. Therefore, if you had your
FP taken more than 15 months ago, you will be rescheduled for
fingerprinting. It could be that your FBI name check hasn't cleared
yet. You can email [email protected] to get the status. Once your
FBI name check clears, it does not expire. Other factors may include
the inefficiency of the local offices procedures.

You should make an infopass appointment through the CIS website. On
your apt date, bring with you your passport, your interview notice and
any letters that you written in follow up to your case and inquire
about the status of your case. Make sure to get the supervisor's name
- write a letter to him. Contact your local congressional office and
provide them with a summary of your problem and copies of all letters
that you have sent following up on your case.

The final option is to sue CIS. This is called a mandamus action. It
must be brought in Fed. Court, asking for a order forcing CIS to
adjudicate your case. This must be handled by an attorney.

Hope this helps.

Regards,
David
Immigration Attorney
www.katonamir.com

medi wrote:
    > Hello,
    > I am living in US for 15 years and married 2 years ago to a U.S
    > citizen. We passed the interview for I-485 on
    > November 2003 at Baltimore MD office, and still waiting for my
    > background check, it is almost 27 months with no news.
    >
    >
    > Could any one help me please?
    >
    >
    > Medi
    > Thanks

hcj1440

This is my understanding of the background/security check, based on my husband's experience (marriage-based AOS -- we waited 1 year post-"successful" AOS interview for his check to clear), as well as various articles I have read over the years on the subject. Going off my memory so I may not have the details right, but the general gist is:

Background check has several components, including fingerprints being run through the FBI database and a "name check" on something called IBIS.

The fingerprints seem to come back relatively quickly, but the results expire in 15 months. The 15 month thing is just how the law is written -- I think the reasoning is that you could commit a crime in the 15 months and thus they need to re-run your prints if you do not get approved for a GC in that time.

(People frequently ask, "my fingerprints don't change, why do I need to get fingerprinted again when 15 months go by and they need to re-run my prints?" This has to do with their computer system not being able to call up your prints again. They're working on it.)

The name check part... if you don't get a "hit", then you're cleared. If you do get a hit, someone needs to manually clear you. You can imagine where the backlog comes in. This is why most people's background checks clear quickly, but some people's do not. It's also why the timeframes for "how long the background check will take" vary so widely -- from three days to three years, pretty much.

No doubt there are other components to the security check that I have forgotten, have not learned about, or that they have not disclosed. But the above seem to be two major components. Hope this helps.

jamie jo

2 FYIs:
I live in VA;
I did overstay my visa once out of my 45 visits to the US in the last 15 years

Ok, so my fingerprint clearance has probably expired because it's been 2 years since they took them - so do I have to initiate things and go to UCSIS and get them taken again or do I have to wait till they ask me back?

I emailed FBI at [email protected] five months ago and I haven't received even an acknowledgement that they've received my email let alone a status on the name check.

I followed up with a second email a few weeks ago - same thing. No reply.

Five months ago I made an Infopass appointment through the CIS website and met an immigration officer. They told me that there's nothing that they can do until the background check is complete and that I had to simply wait. I didn't get the supervisor's name though.

>Contact your local congressional office and provide them with a summary of your problem and copies of all letters that you have sent following up on your case.

Has anyone had any luck with this approach? My understanding from talking with the FBI is that there are 100,000 fingerprint enquiries each and every day (they weren't able to give me the number of background check enquiries) and after reading the background check process http://www.house.gov/science/hearing...25/garrity.pdf it appears that once you take longer than average - you're bound to take a whole lot more than average. In practice why would the congressman pay any attention to me rather than the other 100 thousand people bitching about the same issue?

>The final option is to sue CIS. This is called a mandamus action. It must be brought in Fed. Court, asking for a order forcing CIS to adjudicate your case. This must be handled by an attorney.

Gees. How do you find an attorney who would present such an action? What's the normal cost of taking this action? How successful (in percentage terms) is this approach in getting a decision? Does taking this approach in any way affect the decision?


My wife's pregnant and the baby's due in July - this probably means my baby will have dual citizenship before me

jamie jo

I've decided to look into getting a lawyer to pursue the mandamus action.

scrubbedexpat099

Getting a GC is step one, add another 3 1/2 years or so to get Citizenship.

I have seen cases of manaamus involving Citizenship, but not AOS. I have no idea whether the principals are the same.

jamie jo

Update:
26 months since my I130 / I485 application
15 months since my Interview
Status - currently waiting for background check to be completed

Thought I would write this just to give people info on current processing.

FBI
Talked to the FBI (got through straight away) and the woman told me that their current policy is NOT to give the status on background checks that are requested by email, phone or fax.

Lawyer
Talked to my lawyer and she says that you can't use Mandamus to get the FBI to make a decision on the Background check and that if the background check is truly what's holding things up, there's very little I can do. Lawyer also mentioned that often the phrase "We're waiting for the background check" can cover a multitude of other possibilities inc. lost file, file in an in-tray that never gets emptied etcetc. Lawyer wrote to the Area Director at USCIS to find out what's going on.

FPs
My FPs expired 9 months ago. I called USCIS to find out about getting an appt to renew my FingerPrints. They said that they would inform the relevant dept about that. I called 30 days later to find out why I still hadn't received a notice about a FP appt and they said that it was up to the dept to request me to go and that neither USCIS or I could force them to update my FPs.

Congressman
Called my Congressman in VA. He actually has a person assigned to take immigration calls. He told me that they get 10 letters a week and they pass them on FBI / USCIS and usually get a standardised "we're working on it" reply. Wrote to letter to Congressman anyway. Been told not to expect much from this avenue.

InfoPass
Had an InfoPass appt 6 months ago. I figure it's time to talk with them again I've made an InfoPass appt to discuss my matter with an Immigration Officer, although not expecting much.

Waiting...

jamie01

The congressman's office has liasion with BCIS and the FBI. They are in a better position to inquire at both places and be able to put the puzzle together. When I was going through the process, the congressman's office got information in less than a week, sometimes in a day or two.

Glad the attorney is involved and once s/he gets the response from BCIS the attorney might make an FOIA request to get a copy of your file from BCIS to know precisely the stage BCIS is at wrt your application.

Good luck

As he said, manadamus action won't help speed things up.

[QUOTE=jamie jo]Update:
26 months since my I130 / I485 application
15 months since my Interview
Status - currently waiting for background check to be completed

Thought I would write this just to give people info on current processing.

Lawyer
Talked to my lawyer and she says that you can't use Mandamus to get the FBI to make a decision on the Background check and that if the background check is truly what's holding things up, there's very little I can do.

jamie01

The congressman's office has liasion with BCIS and the FBI. They are in a better position to inquire at both places and be able to put the puzzle together. When I was going through the process, the congressman's office got information in less than a week, sometimes in a day or two.

Glad the attorney is involved and once s/he gets the response from BCIS the attorney might make an FOIA request to get a copy of your file from BCIS to know precisely the stage BCIS is at wrt your application. As he said, manadamus action won't help speed things up.

[QUOTE=jamie jo]Update:
26 months since my I130 / I485 application
15 months since my Interview
Status - currently waiting for background check to be completed

Thought I would write this just to give people info on current processing.

Lawyer
Talked to my lawyer and she says that you can't use Mandamus to get the FBI to make a decision on the Background check and that if the background check is truly what's holding things up, there's very little I can do.

jamie jo

Had to drop my attorney because of a difference in opinion (euphemism). If anyone has a recommendation on a lawyer in the Northern VA area I would be happy to hear it.

Bokovza

    > > 2 FYIs:
    > > I live in VA;
    > > I did overstay my visa once out of my 45 visits to the US in the
    > > last
    > > 15 years
    > > Ok, so my fingerprint clearance has probably expired because it's
    > > been
    > > 2 years since they took them - so do I have to initiate things and
    > > go
    > > to UCSIS and get them taken again or do I have to wait till they ask
    > > me back?
    > > I emailed FBI at [email protected] five months ago and I haven't
    > > received even an acknowledgement that they've received my email let
    > > alone a status on the name check.
    > > I followed up with a second email a few weeks ago - same thing.
    > > No reply.
    > > Five months ago I made an Infopass appointment through the CIS
    > > website
    > > and met an immigration officer. They told me that there's nothing
    > > that
    > > they can do until the background check is complete and that I had to
    > > simply wait. I didn't get the supervisor's name though.
    > > >Contact your local congressional office and provide them with a
    > > >summary of your problem and copies of all letters that you have
    > > >sent
    > > >following up on your case.
    > > Has anyone had any luck with this approach? My understanding from
    > > talking with the FBI is that there are 100,000 fingerprint enquiries
    > > each and every day (they weren't able to give me the number of
    > > background check enquiries) and after reading the background check
    > > process
    > > http://www.house.gov/science/hearing...25/garrity.pdf
    > > it appears that once you take longer than average - you're bound to
    > > take a whole lot more than average. In practice why would the
    > > congressman pay any attention to me rather than the other 100
    > > thousand
    > > people bitching about the same issue?
    > > >The final option is to sue CIS. This is called a mandamus action.
    > > >It
    > > >must be brought in Fed. Court, asking for a order forcing CIS to
    > > >adjudicate your case. This must be handled by an attorney.
    > > Gees. How do you find an attorney who would present such an action?
    > > What's the normal cost of taking this action? How successful (in
    > > percentage terms) is this approach in getting a decision? Does
    > > taking
    > > this approach in any way affect the decision?
    > > My wife's pregnant and the baby's due in July - this probably means
    > > my
    > > baby will have dual citizenship before me :)
    > Getting a GC is step one, add another 3 1/2 years or so to get
    > Citizenship.
    > I have seen cases of manaamus involving Citizenship, but not AOS. I
    > have
    > no idea whether the principals are the same.
    > --

I Havebeen Waiting For About 3.5 Years, And Im Still Waiting.

--
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