I-485 Tracker: Discuss Individual Case
RFE asks for evodence of beneficiary qualifications to match the PERM LC, namely proof of work experience.
This evodence was already provided with the I-140 as originally filed. It is unclear of USCIS wants more of it, or they just missed it while going over the paperwork. Lawyer expected to call them to clarify this. Entered RFE sent date instead of RFE received date because the web site requires the date to set RFE to "yes".
The RFER is asking for evidence of experience. Two employment verification letters where submitted with the I-140 that cover the required experience time and expertise. It is unclear if the RFE is because the evidence is insufficient, or not sufficiently credible, or because they have not looked at the evidence. The lawyer phone call to customer service did not reveal any additional information, and when asked if the submitted evidence where looked at, they where told to resubmit the same evidence, but given no detail to the reason of the RFE. Further investigation shows the RFE is on a technicality, the evodence was submitted for "experience in the job offered", where it should be "experience in the alternate qualifications requirements".
My lawyer had me to get additional exp letter anyway, jus tot be sure they are "perfect", and we wont get denies based on some other technicality. After I-140 was approved 11/29/06, on 12/22/06 I was notified that an RFE was issued for one of my children's I-485,
waiting to hear what this RE is all about The RFE on the I-485 is for a color copy of identification. There was also an RFE for my dependent I-485 requesting the medical exam originals (apparently the doctor put a copy instead of original into the sealed envelope).
Hi vasia95,
Your receipt date is very close to mine(15th May). I got i-140 approved on Oct 19 and no LUD on i-485 since then. I also had that crapy RFE for i-140. But you will probably get approved soon since they are 'hadnling the case' right now even with the RFEs. Best of luck. Actually, you may be right, after the RFEs for 2 out of my 4 I-485s where sent out, both of these I-485s got a newer LUD (01/02/07).
I expect that we file a response on the two I-485 RFEs later today, and we also added color copies for the other I-485s, the latest paycheck and I-94s to preempt possible additional RFEs that we could think of. No change in status, LUD still shows 01/12/2007 for the I-485s that where issued RFEs (RFE reply date was 01/09/2007), while the I-485's that where not issued an RFE still show LUD 06/07/2006.
It's been over 60 days since RFE rplies, so my lawyer should be placing a call with the customer service shortly. In the mean time, we will be filing for EAD and AP extensions in a few days. Hello Vasia,
It has been more than 60 days since you replied the RFE, any news? I replied my RFE on 2/9/07 and still no news; I am trying to decide whether I should apply for EAD and AP extensions. No news :-(
last LUD is still 1/12/07. Layer called USCIS customer service, expects response by mail in 30 days, but there is usually nothing in that response. Also, we filed AP/EAD extensions last month, I hope that when they pick up the cases, which they must interlink, they will realize they could just as well approve the AOS instead. Interestingly, the NSC had started updating my Wife's Pending i-485.
They gave her an RFE, we addressed that immediately. The RFE was really of much fun!! They were asking for TWO passport color photocopies of my wife which we already provided. Then after receiving the RFE response, they continued updating her case for 4 consecutive days and then suddenly stopped and telling:"You will have written decision within 60 days..unless......." I have seen exactlyu the same, for every case that had an RFE< the case was touched 4 days in a row, every day, after the RFE reply was received. I mean it is understood they need to find the case and attach the RFE reply to the case, but it keeps mamazing me that it does 4 days to do just that.
Anyways, one of my RFEs was similar, they asked for a coplor passport copy, but I think they where right to ask that, because my passport bios page did not come through too well in a B&W photocopier. On the otehr hand, they really did not need another picutre of mine, having already issued an AP and EAD for me BEFORE sending that RFE. Something is definitely wrong in Nebraska, for a while I thought it was too cold for them to even show up at work, but now that it is warming up, they do not seem to be stepping up the effort either. Nebraska is not following a predictable pattern.
Things are extremely slow. I made info pass appointments couple of times, local immigration officesrs know me almost by name! Nothing is working...like a black-box. The last resort, I am thinking, to make request to our governor office to start investigation. I have a buddy who works in the governor office. May not work as well..but what can we do by this time? Guys, there are vague explanations about how processing centers report dates on the top of the top portion of the page with processing dates for eash service center and one of the lines says "...if we ask for missing required initial evidence, count the processing time from the point when we receive this evidence...". Now what do you think - does that mean if they received my RFE reply on Dec 1, 2006 then my I485 processing time starts from Dec 1 2006 even though original date on the case was much earlier?
That is one way to read it, but it is not true, and it makes no sense. Tracking cases on this site shows clearly that that is not the actual processing pattern.
But when they receive your RFE reply, the send a notice (reflected in on-lien status) promissing the case will be adjudicated in 60 days. Alas, tracking other people's cases shows that the service center fails to follow this rule as well. Adjustment of status is rather trickly, they need to get documnets from other agencies (FBI for name check, DOS for visa number), so they got plenty of excuses for not maintaining any consistent processing order ot "service levels" even when it does not snow in Nebraska. ;-) Thanks Vasia!
The "adjudicated in 60 days" promise is a total joke, I had no movement on that case/RFE since 12/29/2006 (that was the only LUD other than RFE reply receipt LUDs on 12/1/2006), as if somebody picked it up right before new years on Friday 12/29, decided that its too long and put it right back... :) I called them 60 days later and was pointed out that since official processing dates did not reach my case receipt date they will not even look into that. My RFE was even more ridicules - proof that my marriage was bona fide, my attorney was floored when he saw that - he said he never heard of such an RFE on I-485 employer sponsored case... The best was when Nebraska posted that they were processing July 06 I485 cases in Jan 07, then a month later in Feb they said they are processing June 2X, 2006 (!) in other words not only did they have no movement forward a month later but rolled back while all the other centers moved 1 month forward... Received response to status inquery that states the case is being delayed because my background check is incomplete.
Will try to call FBI now to try and get more information. This is just frustrating to hear. The 60-day promise is out of the question. I hope you get clearance soon. It's been too long already. Good luck to all of us.
vasia, check out comments posted on my case - it might relate to yours, also the person that posted comments on my case - check out comments posted on this person's case
I have carefully viewed all the comments on this site and other sites, and I am of he opinion that in many of these cases the NSC is misleading the petitioners by claiming the delay is due to FBI background check, knowing that it is almost impossible to obtain status information from the FBI directly.
That is the only way to explain that while the NSC AOS cases move very slowly, these same cases move rather quickly at the TSC. If it was FBI's fault, than all cases at both service centers would have been suffering similar delays, and they are not. I am aware there is a complicated problem with common muslim names and that these name check cases do indeed take a long time to be processed by the FBI, but these are very few of the cases that are delayed at the NSC. I have sent a fax today to both the DBI and a senator's casework office, hoping that this will somehow help move my individual case. I am in the same boat as you are: I-485 delayed due to pending namecheck (or this is what TSC says as per their reply to my case inquiry). My RD is just one day behind yours. I just sent a letter to the senator's office, and will send another one to CIS Ombudsman today. Wish you luck!
I got a reply from FBI FOIA/PA inquery - there are no records pertaining to me in their indices, which means my name did not generate a "hit", and my case is NOT delayed on behalf of the FBI name check. I have also verified that my fingerprint check went through well quite some time ago. The only other agency outside USCIS is IBIS.
Now, I am not sure what to do - check with IBIS if they are the ones delaying my case, and subsequently have proof that USCIS lied, which sounds confrontational, or somehoe get in touch with the NSC and gently suggest they re-check the status of my case so they can get down from this tree ... I will consult with my lawyer to decide how to proceed Good luck with your next move. It does sound very intriguing that FBI don't have your record.
I am going to contact my attorney and see what he can do about my case. More than 90 days have passed since the RFE. Wish me luck. I tried to 'lobby' at the local govt. office.
I have ended up with nothing. They were telling me the same bull-shit that INS was telling on their sites. I know a guy in my area who went to local USCIS office and they informed that INS lost his packet! Something is going on at NSC. Has it anything to do with the 'advancement of Eb3 old cases' ? That these old cases are pushing our cases further to be processed? Essentially it is a dead-lock situation. My attorney just told me "name check" involves CIA, Interpol and othe police agencies in the world. I am not sure he means the name check by FBI, or some other checks by USCIS/IBIS.
Probably the IBIS query also involves the CIA, but to my knowledge there is no manual processing involved with IBIS, it is just a database query initiated by USCIS with immediate response, and that response is valid for 90 days from time of query.
FBI Name Check is the only USCIS background check procedure that may involve FBI manual processing that involves investigation in case a name hits a file. COnfirmed with USCIS National Customer Service that the case is delayed on FBI name check (not any other part of the background check).
Sending the FBI response letter stating "Np Record" to NSC with the copy of their case status letter. Hope this letter will result in the NSC error corrected immediately. Hi Vasia, could you share how did you get FBI letter confirming that there was "no records" please. Thanks! -Max
FBI information can be obtaiend through their FOIA PA (Freedom of Information Act, Privacy Act) contact. Forms and procedures are available on the FBI web site.
Several updates:
EAD and AP renewals have been approved 5/30 - 6/13. Confirmed verbally with NSC directly that the stated cause of delay is FBI Name Check (not any other Background Check procuedure). Send a letter to NSC with a copy of the FBI FOIPA letter stating "no record), no response after 4 weeks. Send an e-mail request to ombudstman with USCIS case status and FBI FOIPA response attached. Senator office is still waiting for FBI response to their request. Hoping for the best. I really hope that your effort would lead to an acceleration of the process.
The Ombudsman probably knows that the process is messep up. The problem is that there is no recourse for applicants like us. We are at their mercy. NSC is not held accountable for their actions. At the same time, there will HUGE increases in fees in the near future. I highly doubt that would actually improve the quality of their services. I have applied for renewal of EAD back in April. I can only hope that the EAD will be approved in time (expired on 7/20). Congrats !! vasia95, on your EAD and AP.
MY EAD renewal and AP are still pending in NSC. Got an RFE on AP, replied and then it is pending again. I-485 is not moving since June 7th 2006. My first name is 'Mohammad', which is probably entertaining the FBI people at this point! FYI, my AP and EAD renewals had receipt dates 3/14/07.
Now with this absolute joke of July bulletin, I am preparing at least emotionally to wait until Oct 07 to have any chance of getting approval. Any one of us who has experienced first-hand the frustration of dealing with the immigration system would have already known that there are no accountabilities for this immigration process, but this July bulletin madness is utterly beyond my belief.
I feel really sad for those who have been waiting for the visa cut-off dates to become current, and only to have their hopes crushed after all the time, money and effort to file an application. Have been told on 6/27 by a NSC officer the name check was no longer the reason for delay.
Today have been told by another person that my case is still pending name check. Go figure. Still, I have submitted my case with a senator and the CIS ombudsman, so perhaps one or the other will figure out what exactly is going on there. Vasia95,
"CIS ombudsman"? Could you share the office and mailing address? Received memo from senator casework office that namecheck was cleared 08/13/07, no LUD yet, hope to see approval soon.
CIS ombudsman web page is at:
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm However, I doubt they can really help an individual case, as they are more about identifying systemic problems and coming up with recommentations to deal with these issues. Talked to NSC - their system shows my name check is still pending, although it's been almost a week since the date the FBI cleared it.
Wrote the ombudsman to let them know about this issue, and also faxed the senator letter to the NSC. Vasia, I hope they'll update your case soon at NSC. I've now been stuck in this process for more than 15 months. My case is somewhat interesting because the first reply to the status inquiry from US CIS suggested to wait for 90 days as my case "was awaiting assigment to an officer". This made me think that name check had been cleared and my lawyers concluded that as well. When I went to an Infopass (and also made second formal phone inquiry with US CIS) after 90 days, however, the answer was "name check pending, check back in 6 months". I finally want to take certain steps like getting info from FBI under FoIPA, contacting US Senator etc. Since you've gone through this already, I was wondering about the following:
1) how did you decide on the choice of a US Senator from your state - there are 2 senators from each state and none of them represents specific district within the state; 2) did you request info from FBI under FoIPA and, if yes, how long it took for them to get back to you? 3) how long it took US Senator's office to get back to you? Thanks a lot and good luck! I chose the senator simply by district, You can also chose your congressman, or try both.
FIOPA took about 6 weeks, but their response is useless as it is ignored by CIS. The senator office waited over 4 months for the FBI to reply. Still, the USCIS does not have the update on my name check in their system. I thought it was supposed to happen immediately, as I was told in the past by USCIS that their system and FBI's are directly connected. Now, they are telling me that it is "normal" that it takes some time, and the senator's staff member told be the same, so it appears that the FBI name check responses are send by mail to USCIS, or maybe their systems connection is simply broken and needs to be fixed. Am I going to just wait? Don't think so. Vasia, thank you very much indeed for your detailed reply. One follow-up question that I have is about your comment on CIS ignoring FBI's reply letter under FoIPA. Did US CIS folks tell you that? If yes, was that a verbal communication by their customer service rep during a phone call or something they provided you with in writing? I just want to know if this is their official policy which is "set in stone" or an interpretation voiced by a represenative based on his/her understanding of the whole process. Thanks.
Called NSC today again, now their system shows NC is clear at last.
So now it is just waiting there for an IO to take action. No LUDs yet though. vasia95 congrats on NC approval. How do you get the CIS status letter to send to the Senator's office? Where do you file an application to get that letter, thanks.
vasia95, how did you get your case rolling again?
To get a status letter, you call CIS customer service, and tell them your case is outside of processing time (i.e. your receipt date is at least 0 days earleir than the date published for your type of case on the center's processing time report), they will make a "referral", asking the service center to send you a letter detailing the status of your case, ergo the status letter.
I like to think that the senator's office inquery to the FBI trigerred a human to look kinto it, which caused them to clear it right away. It took 4 months and several calls to the senator's office, last one resulting in a second inquery, though. Since then I do not feel my case is moving anywhere, it took about a month for the NC to show up as clear in the CIS data base, but there is no LUD to suggest they are even looking at it. I did ask for yet another status letter earlier this month, so I am not sure if the referral will cause them to act on my case, or to write something dumb like "your case is delayed for no good reason" in the status latter. Oh, I did contact the CIS Ombudsman to let them know that NSC are NOT processing according to FIFO as stated, duh ? Vasia, interesting discussion, please keep us posted.
By the way, do you know if your LUD changes if the USCIS performs a "outside of processing time" inquery? My case has been pending for a year with a TSC and my wife's LUD checnged for no particular reason. Thansk.
LUD is not affected by you calling the customer service, or by them making a referral, or by the service center replying to that referral with a status letter.
Not all LUDs get update on the web site, but most LUDs indicate that someone has worked on a case, andchanged the case's computer records (e.g. pre-adjudication, security check results, etc.) Hi Vasia, any news?
Got a soft LUD on pending AOS today 11/05, but that is probably due to change of address request I made on-line on 11/01, so I don't read much into that. Still waiting for the status letter response from referral made on 10/09, and InfoPass on 11/19.
My NC was cleared Oct 25, but USICS system also, like you had, shows that NC pending.
What about your FP? I called one day they said that FP expired and they printing FP appointments for me & family. Yesterday they said that my FP will valid a little bit longer and I don't need it in that time. I called arond 9/15. and was told that my FP where re-checked on 9/7. I think that they re-ran the same FPs we gave last year through the crimimal record systems. If I am correct, it would be quite encouraging that USCIS finally understood that people's fingerprints never change and thus can and should not expire ever after the age of 14 or so. I could never understand why pwople would have to go every 15 months to resubmit their fingerprints and have their pictures taken, so perhaps USCIS IQ level has gone up a notch of late.
"I could never understand why pwople would have to go every 15 months to resubmit their fingerprints and have their pictures taken, so perhaps USCIS IQ level has gone up a notch of late." - to have more $$
Yes, of course fewer FP appointments will save them money, but then again saving money is smart, and that means they become smarter (I hope) if they found they could save some money by doing away with this redundant procedure.
agree, but what we can do ...
Until recently USCIS didn't have system in place to store people's fingerprints, that's why they asked to redo them every 15 months. Apparently it changed sometimes in 2006, and now they are simply re-running stored fingerprints.
Aha, that is probably the BCS (Background Check System) they announced about a year ago fits in. Great.
Поздравляю!!!!
Vasia, Congrats! Did you ever get a LUD on the completed background check?
I meant any LUD at all (including "soft" LUDs) around the dates they told you that your NC was cleared.
Vasya, congratulations! Your case was screwed up by anypossible agency involved and yet you prevailed! Congratulations again!
Pozdravljaju! Zaviduju beloj zavist'ju - no more limbo for you.
Wish me luck.. I need it. Congratulations!!!!!
Your case is truly unbelieveable, but you have prevailed. It gives hopes to everyone who is still dealing with the nonesence from USCIS. On 08/13 FBI NC cleared (according to letter fron Senator),
on 09/07 FPs where re-checked (no LUD), called NSC direct On 10/09 made referral through customer service On 10/19 went to InfoPass, had them send memo to NSC On 11/01 I submitted change of address.Got soft LUDs on 11/06, 11/07 and approval LUDs on 11/08 with "card ordered" and "welcome letter mailed" one after the other. Good luck to all of you, and do not hesitate to call upon everyone who can assist, Senator, US Atturney, Ombudsman. vasia95,
congrats! I am stcuk in the namecheck as well. I am wondering how long I have to wait before contacting a congressman for help? Did you have to wait until you got passed the processing time on USCIS website? When my case was over processing time, I called USCIS customer ssrvice, made a referral and received a status letter stating I was stock in name check. With that letter I contacted the senator.
The only option I had not tried was to contact US Assistant Atturney for my area, this method was recommended to me by a government official. I got a letter from CIS ombudsman stating that they stated a formal inquery into my case.
The interesting part is that the letter is dated 11/06, same date as the first soft LUD that led to approval, so it seems the ombudsman does help in some cases. More updates:
11/14 LUD, Approval Notice Mailed More interestingly, on 11/13 I received a case status letter dated 10/29 stating that my background check is not complete yet, and is the reason for the case being delayed. This is in direct confclict with the information I got at InfoPass on 10/19 that all background checks and FP where clear as of 09/07. ANyway, I hope the ombudsman does not close theire inquery on my case just because it has been approved, and figure out the source of unjustified delay and misleading imformation.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||