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Topic: Infopass reveals am stuck pending "National Security Check"
Since my PD is current in May and RD is withing processing dates for TSC, I took an Infopass to enquire about my case. The IO took all my information down, and spent some time messing around in his computer. I could see the screen partially and I noticed that he spent the first two-three minutes opening and closing windows! Finally he was satisfied with the screen he had open and typed in my A#. He checked that biometrics were completed and told me that since I changed address in August 06, those things lead to delays!! (At least I think that is what I heard him say, but I was busy arguing that I had not changed my address in 5 years!) He then asked me my address and clarified that it was correct. Turns out that what he was looking at was my ND!! LOL
Anyway, he opened a screen to check FBI status. Once again, he typed in my A#. I could clearly see the word "pending" in that screen. So turns out my fear has come true: first stuck in BEC for years...now stuck in NC for who knows how much longer. I did not pester the IO about the Feb memo because he seemed clueless about it.
He went to a folder then, selected a word document, opened it up, printed it and gave me a generic letter about National Security Checks (I presume this means FBI NC) stating the following:
"A final decision cannot be made on any application for adjustment of status to lawful permanent resident until national security checks are complete and the local CIS office receives a respons.
This process can take many months. Authorities in the Washington, D.C. area complete the checks and this office has no control over the pace of their completion. In fact, it is not unusual for the checks to take well over six months.
It is important to understand that your case is not the only one. At any given time there are many of this office's cases pending due to national security checks and a significant portion of the checks take more than six months. Cases pending security checks are queried every week to ensure that those that have cleared are acted on in a timely manner.
I thank you for your patience and, with this information in mind, I ask that you or your representative wait at least 180 days from the date of this notice before making any inquiries into the status of your case. This will help us use our personnel more efficiently to complete cases rather than diverting them to answer premature status inquiries.
Sincerelyu,
XXXX
District Director"
Strangerly, after the IO printed this letter he asked me whether I was employment based. When I said, "Yes". He said, "Oh! That is why it is being processed by the Service Center. Yeah, they will not process those until Security Checks are complete!" Once again, it seemed to me he had no clue on what Service Centers do. So, I did not challenge him on the FBI memo.
My 2 cents worth - Even though the IOs at Infopass have access to information relating to your case, they have limited knowledge on how Service Centers operate.
So, any idea on what steps I can take to expedite my NC? Is it worth writing to local congress person or senator. How about to First Lady? If so, where can I find the format on the letter to write to them?
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You are one among many (106K) people stuck in name check from FBI. As you know that there is a Memo dated Feb 04 this year that states the 180 days rule. Now whether USCIS is religiously following that memo-Don't know but yes, there have been instances where people in this forum have claimed that they were stuck in NC and they got approved for their Green Card in both Centers. So take your best guess and keep fingers crossed...
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I am one of those stuck in the " National Security Check " . My I140 is pending for more than 2yrs now, due to this security check. There is no timeline what so ever. Once you are in this trap you are screwed. Sorry man dont mean to scare you. Every case is different. I hope no body has to wait as long as I have waited for my I140.
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My I-140 has been approved. Am just waiting for 485. I found the following site describing what this means. Looks like it is a catch all for all the checks USCIS does.
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
If you look in there FBI Name Check is the primary culprit. I am also sure that the IO logged into a page to view FBI check. So, I am guessing that it is really FBI Name Check which is pending like so many other cases. Am I wrong in my assumption?
Anyway, I am filling out DHS-7001 with CIS Ombudsman. Let us see what they have to say about it.
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I went into the security check issue when I filed for I140 not I485. It seems there are different types of security checks. BTW when I filed for the I140 I had not done FP. So dont know how or what type of security check I got caught up in. I have no criminal record or anything.
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See below the format, I hope this will help. I had sent letter to Lady, congressman & Senate. I had received the reply from all of them and also from FBI as well, but was of no use. They just gave standard reply. However, there is nothing wrong in trying.
Good luck
Date: xxx
To,
First Lady Mrs. Laura Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Re: Request for help regarding pending FBI background / name checks for Green Card
Dear Mrs. Bush,
I am writing this letter to respectfully request your help in the timely adjudication of the inordinately delayed FBI background/name checks in connection with my I-485 petition for adjustment of status to permanent residency, which has been pending with the U.S. Citizenship and Immigration Services (USCIS, Texas Service Center) since xxi.e. for almost xx months. Please see Attachment 1 for the USCIS issued Notice of Receipt for the I-485 petition. My petition for Adjustment of Status to Permanent Residency (I-485) is based on an Employment based Second Preference category (xx).
Per the USCIS, my I-485 petition has not yet been adjudicated because the results of my FBI background / name checks are still pending. According to the USCIS, until the security checks are completed, USCIS cannot move forward on the case.
I am a citizen of xx and I have been lawfully living in the United States since xxx. I have been working for xxx even since I came to US on H1B visa. Throughout my stay in the U.S. (i.e. for almost xx years now), I have been diligently paying both federal and state taxes.
I have never been involved in any unlawful or criminal activities either in the USA or anywhere in the world. I am worried that inordinate delay in the resolution of my FBI background checks, and the resultant delay in the adjudication of my I-485 petition will be in jeopardy if there is undue delay in FBI’s security clearance.
My personal details are as follows:
First Name :
Date of Birth :
Social Security Number :
Address :
Phone :
E-mail :
Alien Registration Number :
I-485 receipt number :
I do realize the need for FBI background checks in the current world situation; however I am respectfully requesting any help that you can provide for the timely adjudication of my FBI background checks, which have been pending for a very long time.
Please do not hesitate to contact me if you need any further information. I hope to hearing back from you soon.
Thanking you in advance.
Very truly yours,
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In addition, you should write to ombudsman. It is really helpful. Please make sure that you attach the copy of published memo for NC pending over 180 days. You got to be after that then, only it is going to work...Believe me... I have had hard time for a year.
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Thanks rks2007 for the format. I will send a letter to all of them. What does it hurt?
Thanks for the encouragement Bhole. I am in the process of filling out DHS-7001 and sending it to Ombudsman. I will include a copy of the Feb memo with it. Let us see what they come back with.
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