Re: I - 485,, Background check !!!!! Any help...

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Re: I - 485,, Background check !!!!! Any help...

Posted on: Mon, 27 Feb 2006 16:56:38 +0000

> This type of problem is unfortunately very common - Immigration
> attorneys struggle with this issue regularly. There could be several
> reasons for the delay. Your fingerprint clearance could have expired
> -
> FP clearances are good for only 15 months. Therefore, if you had your
> FP taken more than 15 months ago, you will be rescheduled for
> fingerprinting. It could be that your FBI name check hasn't cleared
> yet. You can email fbinncp@ic.fbi.gov to get the status. Once your
> FBI name check clears, it does not expire. Other factors may include
> the inefficiency of the local offices procedures.
>
> You should make an infopass appointment through the CIS website. On
> your apt date, bring with you your passport, your interview notice and
> any letters that you written in follow up to your case and inquire
> about the status of your case. Make sure to get the supervisor's name
> - write a letter to him. Contact your local congressional office and
> provide them with a summary of your problem and copies of all
> letters
> that you have sent following up on your case.
>
> The final option is to sue CIS. This is called a mandamus action. It
> must be brought in Fed. Court, asking for a order forcing CIS to
> adjudicate your case. This must be handled by an attorney.
>
> Hope this helps.
>
> Regards,
> David
> Immigration Attorney
> www.katonamir.com
>
> medi wrote:
> > Hello,
> > I am living in US for 15 years and married 2 years ago to a U.S
> > citizen. We passed the interview for I-485 on
> > November 2003 at Baltimore MD office, and still waiting for my
> > background check, it is almost 27 months with no news.
> >
> >
> > Could any one help me please?
> >
> >
> > Medi
> > Thanks

2 FYIs:
I live in VA;
I did overstay my visa once out of my 45 visits to the US in the
last 15 years

Ok, so my fingerprint clearance has probably expired because it's
been 2 years since they took them - so do I have to initiate things
and go to UCSIS and get them taken again or do I have to wait till
they ask me back?

I emailed FBI at fbinncp@ic.fbi.gov five months ago and I haven't
received even an acknowledgement that they've received my email let
alone a status on the name check.

I followed up with a second email a few weeks ago - same thing. No
reply.

Five months ago I made an Infopass appointment through the CIS website
and met an immigration officer. They told me that there's nothing that
they can do until the background check is complete and that I had to
simply wait. I didn't get the supervisor's name though.

>Contact your local congressional office and provide them with a summary
>of your problem and copies of all letters that you have sent following
>up on your case.

Has anyone had any luck with this approach? My understanding from
talking with the FBI is that there are 100,000 fingerprint enquiries
each and every day (they weren't able to give me the number of
background check enquiries) and after reading the background check
process http://www.house.gov/science/hearings/full04/feb25/garrity.pdf
it appears that once you take longer than average - you're bound to take
a whole lot more than average. In practice why would the congressman pay
any attention to me rather than the other 100 thousand people bitching
about the same issue?

>The final option is to sue CIS. This is called a mandamus action. It
>must be brought in Fed. Court, asking for a order forcing CIS to
>adjudicate your case. This must be handled by an attorney.

Gees. How do you find an attorney who would present such an action?
What's the normal cost of taking this action? How successful (in
percentage terms) is this approach in getting a decision? Does taking
this approach in any way affect the decision?

My wife's pregnant and the baby's due in July - this probably means my
baby will have dual citizenship before me :)

--
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