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Discussion Forums: Concurrent I-130/I-485
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Topic: For those stuck in NC over 180 days...
Posted by snowflake (25) 18 Mar 2008
I've been to Infopass today. My NC has been pending for over a year and a half, so I fit the "memo". After checking into my case the super friendly IIO handed me a copy of a letter from USCIS dated March 12, 2008 and told me if NC is the only item pending, I should receive the same letter in mail any day. In short, it said...
"As your I-485 Application has been pending over 180 days because of the FBI name check, your application has been approved. If you need immediate service on your case, please contact USCIS or make an appointment with Infopass. If the following box is checked, please bring 2 photograps..." Of course I don't remember the exact words of the document, the main thing is that you should look out for this letter in your mail. They will not except at Infopass just the original document. He told me that as soon as I receive this letter, I should make an Infopass appointment, bring my passport and they will stamp it.
Then he checked the address on file for my application and changed it to my new address. Make sure that the address for that particular application is updated - you can do it online now thru www.uscis.gov just have your receipt number handy.

I hope this is good news to all of us! I don't know when they started sending these letters out. The copy he showed me stated 3/12/8 but the IIO told me that he hasn't seen anyone as of yet to walk in with this document...
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Posted by superhero (96) 18 Mar 2008
Hi snowflake, my lawyer had an appointment this past friday at our local USCIS office to inquire about my case. She told me an IO said they would review my case and if I meet the memo criteria, a letter would be mailed to me. My lawyer was very vague about what information would be contained in the letter. I wonder if they're talking about the same type of letter the IO showed you. Hope so. When you get this letter in the mail, please let all of us know. Thank You soooo much for the info and good luck to you with your approval. :)
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Posted by nishant81 (25) 19 Mar 2008
What city state your local office is located in?
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Posted by Number6 (221) 19 Mar 2008
snowflake, thanks for sharing. I hope that this is going to happen soon as when I call I get no information other than to wait for another 6 months.

If anyone gets this letter it would be good to know and have them post the details here.

Good Luck everyone!
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Posted by superhero (96) 19 Mar 2008
Mine is in Omaha Nebraska
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Posted by superhero (96) 19 Mar 2008
Snowflake, did the IO say this letter would be only for Family Based Applicants or would it apply to Employment Based too. Hopefully it will be for anyone with NC pending over 180 days. Thank You.
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Posted by snowflake (25) 19 Mar 2008
Hello, IO didn't mention anything about this letter being mailed to family or employment based applicants. It looked like a general letter that will be sent out to all that are waiting over 180 days just because of the FBI name check.
My case is in Miami service center/local office now. Everyone make sure your addresses are updated - not only the address that you need to update within 10 days of moving but call in and make sure to give them the receipt number and check the address that was initially filed - if it is different (like mine was), make sure they update it. The will send this letter to the address the have for the receipt... I hope i am clear enough... they will accept only the original...no copies to stamp your passport!
I checked my mail today...nothing yet...but keeping it positive!!!
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Posted by Chapsnyati (6) 20 Mar 2008
I just received an appt letter to renew my biometrics, My family based case has been pending since January 2006. I went appt for the biometrics on 03/11/08. My case has been pending the FBI name check. My case is in the MO office, but I reside in Dallas tx.
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Posted by nishant81 (25) 20 Mar 2008
So did you recieve the letter from MO office or dallad district office, Does MO office knows you live in dallas, did not they transferred your file?
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Posted by Chapsnyati (6) 21 Mar 2008

So did you recieve the letter from MO office or dallad district office, Does MO office knows you live in dallas, did not they transferred your file?




My file was transfered to the MO office, I have always lived in Dallas, Tx. The letter came from the MO office. I think some of Dallas cases are handled by the MO office, I have a friend who lives here who is in a a similar situation.
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Posted by snowflake (25) 21 Mar 2008
Anyone got anything positive in mail or at Infopass agter the Feb 4th Ayetes Memo?
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Posted by superhero (96) 21 Mar 2008
Nope, nothing here. I've been waiting 5 years. I went to see my lawyer on Tuesday. She's supposed to call me next week to update me on what she can do to help push this along.
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Posted by willow (30) 21 Mar 2008
Case pendig since June 2006, family based. on March 13 I inquired with the customer service regarding my pending appilcation based on the new memo . A week later I got a letter from the local office telling me they cannot reach a decision because my "backgournd check is pending". For the past 1 year I was getting a reply "name check pending". Now they just rephrased it? I thought the idea behind the memo was to specifically adjudicate cases wehre name check is pending longer than 6 months. Please note they retook my biometric on Feb 29th. Calles customer service - totally useless. He did agree that name check and background check is the same thing and told me the only thing I can do is make an infopass request to the local office. Any thoughts on what else I can do? Will an infopass meeting at the local office actually help in shedding any more light on this? Or will this be a wasted trip and they will tell me the same thing as the letter?
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Posted by customer (54) 21 Mar 2008
Hi williow,my case has been pending since Nov2005 and I just got a confirmation thru info pass this week that I'm stuck in namecheck.I had called CS several times but they only knew what I know...........no new info according to me..........Same response everytime.......'We are actively processing this case,however we have to perform additional review and this has caused bla bla bla........All this BS...........Yes Infopass can help you however, namecheck and background check is the same thing.I confirmed this thru my info pass coz initially the officer informed me that I'm stuck in namecheck...........later he said that since background check isn't an issue any longer,my case will be adjudicated but he did'nt issue a time frame..........and I really wanted it.He said it might be 10days 30 days????Dont take it as a waste a trip to infopass coz I've already booked another one after being there for only a week..........Yes we have to push for our approvable cases to be adjudicated per the memo otherwise the court decision to approve them after namecheck pending 180 days will have no meaning..............To me,I can see the light at the end of the turnel.
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Posted by willow (30) 22 Mar 2008
Thanks Customer! I will definetly go to the local office and talk to them. I agree, trying is the only thing we can do at this point. I will keep you guys posted on my results. (infopass is for April 4)
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Posted by deepak200 (258) 22 Mar 2008
Name is part of backgrounds checks .... but dont think name checks is the only backgrounds checks USCIS does. My name check is cleared since Feb 2006 but my case is pending from last 2 years for other backgrounds checks ..... I have written letter from senator saying " my name check is cleared" . so dont think think name checks is the only things takes time ..
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Posted by customer (54) 22 Mar 2008
I agree Deepak but the thing is ,these people will load up anything as an excuse just to shut you up and get out of their office.Yes they do other background but no background goes beyond namecheck in timeframe.Others are usually cleared in a short while..........I would say make an infopass to confirm if you are reallystuck coz of background.....to me it sounds more likely if its not.......there are other issues that can make a case to pend...........officer not willing to adjudicate which has become a very frustrating thing to most of us.
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Posted by willow (30) 22 Mar 2008
that's the part that makes me wonder, what else is causing the case to be pending and what type of checks they need to perform additionally. I would think IBIS and Fingerprint check would have caused an issue right away in 2006.... Their response so far was name check. Now that name check is not an issue, they need more background checks. Lack of transparency in their process is definetly frustrating.
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Posted by Chapsnyati (6) 31 Mar 2008
I was stuck in NC since January 2006 and my GC (family based) card production has finally been ordered as well as the welcome Letter for New Perm Resident on March 28th 2008. I had to go for Biometrics to renew my expired finger prints on March 11 2008. PRAISE GOD !!!!!! Now I await the actual card in the mail. Does anyone know how long it will take to get the physical card ????
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Posted by CBDTexas (7) 31 Mar 2008
My case is family based. I received a "Card production ordered" e-mail on March 24th. Then, a "Welcome notice mailed" on March 25th. Another "Card production ordered" on March 26th.

Today we received the welcome notice in the mail, which says the card will arrive in 3 weeks. From this forum and others, I think the card will arrive sooner than that. So to answer your question, probably within 3 weeks!

Congrats!
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Posted by nishant81 (25) 31 Mar 2008
CBDTEXAS, You were in san antonio office correct?and could you please tell me your filing date and also did online status said i 485 or i 189?
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Posted by vctm (85) 31 Mar 2008

I was stuck in NC since January 2006 and my GC (family based) card production has finally been ordered as well as the welcome Letter for New Perm Resident on March 28th 2008. I had to go for Biometrics to renew my expired finger prints on March 11 2008. PRAISE GOD !!!!!! Now I await the actual card in the mail. Does anyone know how long it will take to get the physical card ????



congratulations chapsnyati
the fingerprints that you had was for 10 fingers or 10 fingers and photo?did u get lud after that?
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Posted by CBDTexas (7) 31 Mar 2008
Yes, my case was in the San Antonio office. We filed our 485 on April 26, 2006, and ever since the online status has been I-485. I've never seen an I-189 with my case.

If you want more info, click on my name to view my profile - I have a lot of the details there. (Although I haven't updated with the approval date yet, I will do that as soon as the card is in my hands!!)
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Posted by willow (30) 04 Apr 2008
Well folks, I had my infopass today.
The reply was: background checking.
I go: what about the new memo under which I qualify? Are they checking my background or are they working on it?
IO: I know about the memo. They are working on your case.
- do you have a timeline for me?
IO: No. I cannot tell you if they will wait for background check to clear before they reach a decision, or they will reach decision before background check clears. Also, the public got the memo before we did. I found out from a lawyer that came inquiring...

Wow. Don't get me wrong she was very nice and polite, but they don't give out any infromation. The only thing she gave me is a telephone number for the local offce that I can call, leave a message and they will contact me back. (because she said my file is in the local office). I did not call yet. But once I do, I will let you know if it works.

So back to square one - waiting. If i don't get anything by April 26th I need to apply for another EAD and AP and pay extra $600 on both. :(
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Posted by customer (54) 04 Apr 2008
I'm stuck in namecheck for 3 yrs now and went to infopass last month.The lady was helpful to me if i can say if only what she said will have to happen .She didn't specify my timeline b4 adjudication and all I can do is to wait...How did she know that they are working on your case,yet she didn't know whether they will adjudicate before or after namecheck is cleared.Lets take it that they will adjudicate your case before clearance which is good,then that way they are working on your case..........on the other hand,if they are waiting for your background to clear,then they are not working on ur case to my understanding...........These pple can just say anything.
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Posted by willow (30) 04 Apr 2008
I agree, they can say anything to get us off their backs. I will try the phone number she gave me in a month see what happens.

thanks for the feedback Customer
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Posted by superhero (96) 07 Apr 2008
Snowflake, I just received a letter today from USCIS. It is exactly like the one you mention in this post, except they gave me the date of the appointment instead of saying that I have to contact them or make infopass to set up the appointment.
My appointment is for Monday April 14, 2008. Wish me luck.
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Posted by Number6 (221) 08 Apr 2008
Hey Martincs, Good luck with the appointment and let us know how everything goes. I still haven't seen or heard anything on my case, but knowing that these letters do seem to be going out is all good news. I feel that the end could be near, but the waiting and not knowing is nearly unbearable again.
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Posted by joemalik (5) 09 Apr 2008
hey which people are geting this letters. is it people that have been interviewed b4 and haven't had their green cards. or people with case pending and waiting for interview dates.
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Posted by customer (54) 09 Apr 2008
Joe,pls scroll up the Ist column of this discussion posted by snowflake on march18 and you will find all those answers.
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Posted by joemalik (5) 09 Apr 2008
customer (37) i read it and it still doesn't answer my question. my case status is recieved and pending. I called the toll free number and i was told is pending a name check. i haven't had an interview yet. so my question is does this memo appy only to people who have been to the interview or it applies to all.
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Posted by vctm (85) 09 Apr 2008
joe .add your case details so we can help you better
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Posted by joemalik (5) 09 Apr 2008
okay guys.

my case is family based. i filled it november 2006. the status says CASE RECIEVED AND PENDING. now i am waiting for an interview date so my wife and i can go for the interview. i was asked to go for a second biometrics since the first has expired. i called a month ago and was told is pending a name check.

my question is does this memo apply to me. as in my case i haven't gone for the interview yet?
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Posted by Number6 (221) 11 Apr 2008
Hi Joemalik,

I think Q3 on the memo is the one which is most relevant where it states "....if the application is otherwise approvable, outside of normal processing times and the FBI name check request has been pending for more than 180 days."

I read this as three requirements -
The name check is obvious if you can find out when your name check started.
The procesing time is easily checked on the uscis.gov web site.
"...otherwise approvable..." to me is that everything else has been completed including FP, IBIS, I-130 and interview.

If the interview has not been completed satisfactorily then the application is not approvable until it has been completed. My interpretation is that if you haven't had the intervew the memo does not apply to you.

But on the other hand - it doesn't seem to be making much difference to some of the people it does apply to.... :(

Can you add your application details to your profile so we can see what your status is and then we can help better?
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Users currently subscribed this discussion: deepak200, Chapsnyati, customer, snowflake, vctm, nishant81, superhero, Number6, willow, joemalik
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