COngressional reply under Background check

[doubleyou]

Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

AILA is not getting any response from USCIS as per the lawyer.

How to check on the status of background check.

[rvendra]

My case is EB 2 Dec 15th 2003 is priority date. I have filed my I 485 in August 2007. Still my case is pending more than 3 1/2 years. I have tried all possable options. Nothing is wokring out. Just simply telling background check is pending. Can you somebdoy helpme out other than WOM.

Thank you for your help
Raj

[doubleyou]

Rvendra, Looks like we are in the same boat.

1)Did you check with the Ombudsman too?

2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?

[rvendra]

Could you send me personal message, will talk to you.

[doubleyou]

Hi Did anybody else get response as background check and what is there experience

[pappu]

Originally Posted by doubleyou

Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

AILA is not getting any response from USCIS as per the lawyer.

How to check on the status of background check.

It is really surprising

- 2 Congressional checks revealed 2 different answers
- Lawyer organization AILA not getting response from USCIS.

I am sure you would have called customer service and after not getting satisfactory response, pursued other options

[unitednations]

background checks can mean all sorts of things

1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

Background check means all sorts of things...

[doubleyou]

Pappu,
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay

[rvendra]

I have tried all the options including Infopass, congressional enquiry, Ombudsman numerous services requests still saying background check is pending.
I am in the impression that background check is only related security check. Some senior member elaborate what it is.
How many people still struck up in this background check.

[doubleyou]

How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

[waitingnwaiting]

Originally Posted by doubleyou

How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.

[doubleyou]

I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.

[smuggymba]

Originally Posted by doubleyou

How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?

[doubleyou]

I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.

But more than for me, i am reaching out to all others in IV.

[pappu]

It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.ph...d=81&Itemid=61

I am also unable to understand why you are getting conflicting information from congressional inquiries.

If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.