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Discussion Forums: I-140
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Topic: Stuck in security check?
Posted by ajz3 (130) 06 May 2008
This is for people who got stuck in security check after filing for I140. Just want to know how many people are in the same situation like me, if any.
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Posted by PalmLady (14) 06 May 2008
How do you know you are stuck in name check? Did you receive notification? How does it work?
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Posted by Crusader (1007) 06 May 2008

This is for people who got stuck in security check after filing for I140. Just want to know how many people are in the same situation like me, if any.



aj,

pls shed more light on this issue? how did u know that ur I-140 is stuck in Security Check? Did ur lawyer raise a SR, and did USCIS reply back??

Did ur I-140 get transfered to field office in ur state of residence?

There was InspectorFox stuck in securitycheck! His I-140 recently got thro....

there is another thread somewhere dedicated to all those unlucky ppl stuck in I-140 SecurityCheck!
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Posted by ajz3 (130) 06 May 2008
I know because whenever I have called cutomer service at uscis they have told me. I know InspectorFox as I was in contact with him. cnstudd please fwd the link you are talking about.
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Posted by gcsincebc (150) 06 May 2008
Mine too. I was told after I contacted Senators office. I am not sure if that is the reason why it is getting delayed...
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Posted by Crusader (1007) 06 May 2008

I know because whenever I have called cutomer service at uscis they have told me. I know InspectorFox as I was in contact with him. cnstudd please fwd the link you are talking about. Also cnstudd please dont tell me why did I start a thread. As I dont need your ok to do so.



Sorry dude. no hard feelings. I did not realize ur I-140 is stuck for more than 18 months. I was reading ur other post.....

http://www.trackitt.com/discussion-forums/i485-1/110907723/

Yes....LOL....u dont need anyone's permission to open any threads :-)

My only advice, & advice from Inspectorfox's postings , is to file a writ of mandamus.........cos any I-140s stuck in securitychecks will be going back & forth different officers & pencil pushers in USCIS......too many bureaucratic delays.

Please go thro this patiently...... http://www.trackitt.com/discuss/140/10124719/ Looks like InspFox was on verge of filinf a writ of mandamus, b4 his I-140 got approved.

G luck.....
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Posted by ajz3 (130) 06 May 2008
Thanks man. Its just I am frustrated with this whole GC thing. Sorry for being rude man. I am actually stuck for over 2yrs boss. Originally applied for I140 in March 2006. Thx for the links.
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Posted by InspectorFox (117) 06 May 2008
Guys... I am still here if you need me.
You may refer to my case here - http://www.trackitt.com/discuss/140/10124719/
or a thread started in my honor here :) - http://www.trackitt.com/discussion-forums/i140/49912487/
Here is the list of methods to check case status - http://www.trackitt.com/discussion-forums/i140/77998987/
Hope the above links help all.
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Posted by ajz3 (130) 06 May 2008
InspectorFox Thanks man for your help.
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Posted by Bluwav (226) 06 May 2008
Does this mean if ur name is stuck in security check it will impact the 140 approval
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Posted by ajz3 (130) 06 May 2008
I dont think its the name stuck in security check. As far as I was told by an IO its background and security check, which has no time frame what so ever.
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Posted by InspectorFox (117) 07 May 2008

InspectorFox Thanks man for your help.



You are welcome anytime... What's the latest development on your case?
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Posted by Palguy (462) 07 May 2008

Does this mean if ur name is stuck in security check it will impact the 140 approval



This is what I was wondering myself: According to this "Ohata Memo", yes it does impact your I-140, although the memo is 4 years old now.

http://www.murthy.com/news/n_newpro.html

I have heard nothing about my NIW case yet (RD late Feb 07), even though NIW cases at NSC are now being processed well into April 07 receipt dates. Of course, I'm from a place where security checks are rather likely.
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Posted by ajz3 (130) 07 May 2008
I had sent a email yest to uscis. I got a reply today. This is what I got.

Your case is still with the review department and there has not been any further change. They are still working in this case. As soon as we find out more details regarding your case or when it can be completed we will contact you with a response. As for your premium being refunded to you, this will be done upon completion of your case. thanks

Thats what I got got. I had received a soft LUD on 07/28/07
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Posted by InspectorFox (117) 08 May 2008

I had sent a email yest to uscis. I got a reply today. This is what I got.

Your case is still with the review department and there has not been any further change. They are still working in this case. As soon as we find out more details regarding your case or when it can be completed we will contact you with a response. As for your premium being refunded to you, this will be done upon completion of your case. thanks

Thats what I got got. I had received a soft LUD on 07/28/07



Be patient...but keep following up with USCIS each month without fail. They will eventually get to your file.
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Posted by franticsky (774) 08 May 2008

This is for people who got stuck in security check after filing for I140. Just want to know how many people are in the same situation like me, if any.



Security checks are not initiated after filing 140 , they are initiated only after filing I-485
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Posted by ajz3 (130) 08 May 2008
franticsky. Believe me, Me and plenty others are stuck in security check after filing I40.

Below are the links.

http://immigrationvoice.org/forum/archive/index.php/t-12283.html

http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf

I have spoken to people at uscis lots of times. Every time they have told me its either security check or review department.
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Posted by franticsky (774) 08 May 2008
customer service is good for nothing , security checks are initiated once the I-485 is filed , uscis does not initiate security checks unless 485 is filed , uscis customer sevice told me that my name check is pending , even on the day my Green card was approved , go figure now , uscis customer misinformation line always gives the most bizarre and ridiculous excuses so dont believe them

the scecurity check that is done when a I40 is filed is an IBIS check , which is done at the us customs and border protection agency to verify that the person has not come into the country illegaly by jumping across a fence or swimming across a river , these checks come back in 24-48 hours
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Posted by visceral (32) 08 May 2008
Funny - I bought a gun yesterday, and my FBI name check was done over the phone - results back in 1 hour!!
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Posted by zedizedon (34) 08 May 2008
franticsky: as I understood, you can get your green card although your security checks are pending. That's what the 180 day memo is all about. If you security checks are pending for over 180 days, they will continue to the next level of processing your GC. I understand that if you hold the green card, and after a year (just an example, can be any other time frame) your security checks are negative, CIS will revoke your green card.

My 2 cents.
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Posted by franticsky (774) 08 May 2008
My FBI name checks were cleared back in October 2007 , my GC was approved only after all the checks were done so my approval did not have anything to do with the ayetes memo

I also had a written confirmation from the FBI about my name checks , they responded to me because my wife wrote to the first lady and her office forwarded the request to the FBI so even when I had this confirmation from them uscis was lying , completely lying

the point i was trying to make is these cust service people give any crap just to get u off their back ...
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Posted by ajz3 (130) 08 May 2008
I dont understand. If its not security check then what is taking them 783 days + to approve my I140. InspectorFox got his I140 approved after 500 some days and there are plenty more. One person got his I140 approved after 4 1/2 yrs. This is totally crazy.
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Posted by franticsky (774) 08 May 2008
thats a million dollar question
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Posted by InspectorFox (117) 16 May 2008

I dont understand. If its not security check then what is taking them 783 days + to approve my I140. InspectorFox got his I140 approved after 500 some days and there are plenty more. One person got his I140 approved after 4 1/2 yrs. This is totally crazy.




It's true USCIS may initiates a domestic investigation, background check or security check for any kind of immigration petition including 140. People usually confuse this for a FBI namecheck during AOS. It could be a FBI namecheck or a review by an Additional Review Department or an External agency. USCIS does not disclose what kind of check it is but my I140 was stuck for over 500 days due to this.
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Posted by ajz3 (130) 16 May 2008


I dont understand. If its not security check then what is taking them 783 days + to approve my I140. InspectorFox got his I140 approved after 500 some days and there are plenty more. One person got his I140 approved after 4 1/2 yrs. This is totally crazy.




It's true USCIS may initiates a domestic investigation, background check or security check for any kind of immigration petition including 140. People usually confuse this for a FBI namecheck during AOS. It could be a FBI namecheck or a review by an Additional Review Department or an External agency. USCIS does not disclose what kind of check it is but my I140 was stuck for over 500 days due to this.





Did you ever receive a RFE notice?
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Posted by InspectorFox (117) 17 May 2008



I dont understand. If its not security check then what is taking them 783 days + to approve my I140. InspectorFox got his I140 approved after 500 some days and there are plenty more. One person got his I140 approved after 4 1/2 yrs. This is totally crazy.




It's true USCIS may initiates a domestic investigation, background check or security check for any kind of immigration petition including 140. People usually confuse this for a FBI namecheck during AOS. It could be a FBI namecheck or a review by an Additional Review Department or an External agency. USCIS does not disclose what kind of check it is but my I140 was stuck for over 500 days due to this.





Did you ever receive a RFE notice?




Yes I had an RFE back in Nov 2006 for Ability to Pay
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Posted by rabbanimateen (10) 17 May 2008
ajz,

Yes, my case is also pending and they (USCIS) told me that it is under Security Check and I also received a letter mentioning the same.

My case is pending from June 2006 with out any RFE. I am in my 6th year of my H-1.

Is there some thing we can do?

Thanks.
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Posted by ajz3 (130) 17 May 2008
Sorry man I really don't know what to do. I am lost just like you.
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Posted by Crusader (1007) 18 May 2008
ajz & Rabbani,

how did u both know that ur I-140 is caught in security check? Did USCIS automatically send u a letter ?
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Posted by vsshah (46) 18 May 2008
Hi,

I had an INFOPASS visit in April '08. Officer said samething, after 10 times asking the same question in different format.

INFOPASS officers are mean, and so do these USCIS. They are making this thing delayed intentionally. USCIS and FBI Namecheck are blaming each other. But it is calculated delay. The same I-140 approval used happen in 1.5 months. Now, they hired more staff, as well, even after taking time of 8 times than earlier, still they are bluffing.

Well, no way, wait and ask them. Send letters to senators/congressman about I-140 policy change/expedite.
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Posted by ajz3 (130) 18 May 2008
snstudd

Whenever I have called they have told me that my case is in security check/review department.
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Posted by rabbanimateen (10) 18 May 2008
cnstudd,

I received a letter stating that my case is in security check after I made a Service Request by calling USCIS. There after, my lawyer did an AILA enquiry and he got the same response.

This is the third time I made a service request to USCIS. Every time they kept saying that I should receive some response in 45 days and should not call prior to that. I have been waiting to hear from them till date.

Thank you.
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Posted by Crusader (1007) 18 May 2008
Will these Bills, if passed, deliver us from hell?

HR 5882, HR 5921 & HR 6039
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Posted by ajz3 (130) 19 May 2008
Had emailed TSC this morning. Got response in 3 hours.

The petition mentioned below is still with the Review Section at TSC. This section coordinates any special guidance and directives given by the USCIS National Headquarters in proicessing this petition. This petition has not been returned to the Exams Section at TSC for final decision.

In adition, I cannot offer a estimated time of return from the Review Section to Exams. The hardcopy of the file is at the TSC.




The only thing that made me feel good about this email is that the person on the other side responded back to me.
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Posted by Yajiv (270) 19 May 2008
Ajz,
How did you email TSC ? Is there a specific email address to use?
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Posted by JYOTI (129) 19 May 2008
ajz3,
what is the e_mail ID for TSC? can anyone e_mail to them or is there any restriction for that?
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Posted by ajz3 (130) 19 May 2008
tsc-premium.processing@dhs.gov

Its for premium processing cases. Please remember DO NOT be rude and make it short and sweet as possible, if you want a reply.
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Posted by ginetto (401) 19 May 2008
ajz3 filed I-140 with premium processing so He has the premium processing e-mail that He can use
If you or me (regular processing) use the same e-mail address it gets deleted immediately
I might be wrong but this is what I know. Let's see if ajz3 confirm it.


Cheers
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Posted by ajz3 (130) 19 May 2008

ajz3,
what is the e_mail ID for TSC? can anyone e_mail to them or is there any restriction for that?



Yes and No. Once they told me to ask the petitioner or lawyer to mail. I asked and they got reply the same day. Today I got a reply to my email.
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Posted by ajz3 (130) 08 Jun 2008
Who else is still in this hole?
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Posted by Crusader (1007) 08 Jun 2008

Who else is still in this hole?



Some dude called Peterathan

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=9081003661
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Posted by RFEI140 (160) 08 Jun 2008
Why dont you file for writ of mandamus if u r waiting for so long?
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Posted by RFEI140 (160) 08 Jun 2008
Inspector Fox,
How did u get approved finally?Did u file for writ of mandamus? If yes can you please explain whats the benefit and drawback of filing this if a case is outsidside the normal PD? I will appreciate if you can explain me that.
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Posted by ajz3 (130) 08 Jun 2008
I spoke to Inspector Fox. He did not file WOM. He was going to but got approved a day before he was about to pay the money to his lawyer. I have written letters to senator/congressman and been following up with the TSC. They always tell me that the case is still in the TSC review department and the congressman told me that I have to get the petitioner to follow up and since I am the benificiary the USCIS will not give any information. I have already opened 2 SR and will open another one in August. My last option is WOM, which I really don't want to do. But I will not sit in peace now until they give me a decision. This is toooo much. I can't take it anymore. This is just not fair.
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Posted by RFEI140 (160) 08 Jun 2008
Thanks for ur reply.I wish u all the best.
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Posted by wojciechk (32) 08 Jun 2008
Man I'm feeling for you-and you're right-this is too much those m..r f...rs take it too far. Looking at your LUD's something might be on the grill but I know one thing if by the end of this year I don't get anything I'll be doing WOM-either they go ahead and settle this f..cked up situation and finish my painful road or I just sell my Apt. pack my stuff and never see this country again. We both sat in peace for too long.
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Posted by sushk (2) 31 Jul 2008
Hello,

in same boat as you.

EB2 India PD Jan 2006
Applied i-140 in May 2006.
Soft LUD on 28/07/2007 & 13/07/2008
Been almost 800 days so far
No RFE's till date, just got 3 SR replies stating the same goddamn thing that they are still processing and in background check.
60 days is due up to submit another SR request next week but with no hopes and can't think of anything else to do but just wait n wait n' wait............
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Users currently subscribed this discussion: InspectorFox, wojciechk, Crusader, Palguy, franticsky, zedizedon, ajz3, Bluwav, visceral, JYOTI, PalmLady, RFEI140, rabbanimateen, sushk
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