I-140 Security/Background/Domestic Investigation Check Tracker

[inspectorfox]

I am starting this new thread to track all I-140 cases stuck in Security/Background/Domestic Investigation Check.
Please add details of your case only if you fall under the above category.

Service Center: Texas Processing
Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006
RFE: yes
RFE Reply Date: 06 Feb 2007
I-140 Status: pending
Approval/Denial Date: N/A
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08

[JunRN]

Your premium processing is taking a year because of the Security Checks?

[inspectorfox]

Originally Posted by JunRN

Your premium processing is taking a year because of the Security Checks?

Got this letter from USCIS after I initiated an inquiry on my I-140 case at Texas -

"The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration beniefit you are seeking. We will make an effort to make a decision on this case as soon as the background checks are complete. If you do not recieve a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided... blah blah blah!"

[bestia]

Originally Posted by inspectorfox

Got this letter from USCIS after I initiated an inquiry on my I-140 case at Texas -
....

They don't mean FBI "name check" and usually it's not a usual "background check". A years ago my friend had similar situation and received exactly the same. What happened is that INS (back then) simply lost his documents, eventually they found them (somewhere in some archive) - he got his stuff approved. But he was bugging them a lot, writing letters, calling, contacting senators, etc. If you won't hear anything from them for a while, maybe you will need to start doing the same.

[glus]

Originally Posted by inspectorfox

Got this letter from USCIS after I initiated an inquiry on my I-140 case at Texas -

"The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration beniefit you are seeking. We will make an effort to make a decision on this case as soon as the background checks are complete. If you do not recieve a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided... blah blah blah!"

I received the SAME letter when I was doing my H1 COS from F1. It was very frustrating at that time, especially the word "investigation" I waited for a couple of weeks and decided to go for premium processing. Once my PP was received, my H1 COS was approved in 3 days.... So guess what, they probably issued this letter because something in your file was missing or something like that. I see your case is in premium, so I don't know what to say. However, do not worry. I spent many nights thinking what the investigation was all about....and it appears there was none...
If I were you, I would most likely contact my senator and explain the situation. A senator can help.

[guygeek007]

Service Center: Nebraska
Type: Regular
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 27 June 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India

[Libra]

Guys, these background check and name check problems can be solved by not discussing but contributing to IV and letting them to work on these issues. Please concentrate on rally and please contribute.

Your 100 bucks can make a lot in your life. PLEASE CONTRIBUTE.

[gotgc?]

Originally Posted by guygeek007

Service Center: Nebraska
Type: Regular
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 27 June 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India

Service Center: Texas
Type: Regular
Category: EB3
Filing Type: non-concurrent (but now filed I-485 in JULY)
USCIS Receipt Date: 14 June 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
LUD: 07/28/2007 and 06/17/2006

In our last inquiry to USCIS in Feb 07, they said that my application requires additional review. My lawyer said she will file another inquire this month because it has been 6 months since the last inquiry.

[inspectorfox]

I-140 Security Checks possible according to this DHS article...
A Review of U.S. Citizenship and Immigration Services’ Alien Security Checks

[inspectorfox]

Originally Posted by Libra

Guys, these background check and name check problems can be solved by not discussing but contributing to IV and letting them to work on these issues. Please concentrate on rally and please contribute.

Your 100 bucks can make a lot in your life. PLEASE CONTRIBUTE.

You have a very valid point as far as providing financial support to IVs movement but I don't understand how IV will be able to address all immigration issues. I agree we must stand united but still every one has to carry their own cross... my 0.2 cents

[sush]

Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India

Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days...god knows when I get over this

[cshen]

My I140 has been pending with TSC for a while, the response of service request is that the security check pending. Any people know what is this security checking for? Also how soon can they process it?

[inspectorfox]

There is no defined timeline for USCIS to adjudicate cases stuck in security checks/background checks/domestic investigation.

I got the following email response from USCIS TSC - Until the security checks has been completed, no other action can be taken. Unit doing security check dont give us (USCIS)any informatiom either. Once the security checks has been completed,the petition will return back to us for adjudication.There is no time frame I can give you.

I then asked my immigration lawyer to initiate an AILA inquiry thinking it would help expedite the case processing. Here is his response - "An AILA inquiry is not going to help. It is just going to confirm what we already know. AILA cannot expedite the processing of security checks. At this point, your best option is to file a WOM (writ of mandamus)."

[gxr]

How do I find out if mine is stuck at background check ?
RD is 10/06
LUD is 10/26
No RFEs
Inquiry made 2 weeks back.
NO RESPONSE so far from INS.
IS there a way (Other than waiting for communication from INS) by which I can find out if I am stuck at background check.

Any pointers would be highly helpful.

gxr

[inspectorfox]

Originally Posted by gxr

How do I find out if mine is stuck at background check ?
RD is 10/06
LUD is 10/26
No RFEs
Inquiry made 2 weeks back.
NO RESPONSE so far from INS.
IS there a way (Other than waiting for communication from INS) by which I can find out if I am stuck at background check.

Any pointers would be highly helpful.

gxr

Ask you immigration attorney to open a service request for your I140 petition. USCIS will provide an update on your case. Is your case from 2006 or 2007? If it is 2007 then just hang in there... no need to worry so soon.