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Mohan Please!

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  • Mohan Please!

    I applied for AOS based on a marriage to a USC in NYC in Sept 2002. was interviewed in NYC in May 2004. At the time of the interview was told that my case was pending FBI Name Check.

    Waited for 90 days and when nothing came forward, went to my congressman liaison. That is when I learned that the file with my fingerprint result was under a different A Number and it was never merged with my original file and thus this prevented the Nmae Check request to trigger. USCIS promissed my congressman that they would take care of the matter within 4 to 6 weeks in September 2004.

    Another 10 weeks went by and with nothing coming forward I emailed the FBI to know about my name check status. In mid Deceber 2004, the FBI replied to my email and informed me that "no request had been made by USCIS for me" and that I had to contact USCIS.

    I went to USCIS through an infopass appointment, and all the Immigration Officer could tell me was that I was not supposed to contact the FBI and that anything going on with a case is confidential, he would not even let me talk to a Supervisor. All he did was print a bunch of papers and he sais he would give them to the officer holding my file.

    In light of all this, what can i do in order to know what exactly is going on with my case? at this point, is it worth it to hire a lawyer for a more thorough inquiry ( such as a Writ of Mandamus)? Please let me know your take on this matter!

  • #2
    I applied for AOS based on a marriage to a USC in NYC in Sept 2002. was interviewed in NYC in May 2004. At the time of the interview was told that my case was pending FBI Name Check.

    Waited for 90 days and when nothing came forward, went to my congressman liaison. That is when I learned that the file with my fingerprint result was under a different A Number and it was never merged with my original file and thus this prevented the Nmae Check request to trigger. USCIS promissed my congressman that they would take care of the matter within 4 to 6 weeks in September 2004.

    Another 10 weeks went by and with nothing coming forward I emailed the FBI to know about my name check status. In mid Deceber 2004, the FBI replied to my email and informed me that "no request had been made by USCIS for me" and that I had to contact USCIS.

    I went to USCIS through an infopass appointment, and all the Immigration Officer could tell me was that I was not supposed to contact the FBI and that anything going on with a case is confidential, he would not even let me talk to a Supervisor. All he did was print a bunch of papers and he sais he would give them to the officer holding my file.

    In light of all this, what can i do in order to know what exactly is going on with my case? at this point, is it worth it to hire a lawyer for a more thorough inquiry ( such as a Writ of Mandamus)? Please let me know your take on this matter!

    Comment


    • #3
      Kalla,

      I am in the same case here. I called the FBI today. they said that they have not received my fingerprints for check. Sent an email to my lawyer to see what to do next. But i'm pretty the BCIS is going to give the same bull**** response.

      Truly understanding,

      Cafrine

      Comment


      • #4
        Kalla,
        You need to go back to federal plaza once again. put an enquiry and when immigration call you on window then ask him to talk to his supervisor. You guys are not suppose to call FBI, in fact FBI will not give you any information if fingerprint checkup is initiated or not. Internal system is transparant to alien. Who knows that if file is pending due to Finger print with FBI or Any other sceurity check up.
        you will get answer from Supervisor.. if he try to get you typical answer then we will contact you by mail then ask him the another appointment for next day or couple of day so you can get into bottom of this.
        Its a discussion, not a legal advise..

        Comment


        • #5
          Thanks a lot Mohan.
          Will do and I will report the outcome.

          Comment


          • #6
            Mohan and Kalla,

            I found these number on another thread:304-625-5590 or at 304-625-2406. There are numbers for the FBI's the fingerprint department. I called yesterday and they were able to tell me that they had processed my fingerprints back in 2003 when I originally filed for AOS. Unfortunately they also told me that they did not received my prints since my interview in march 2004.
            Now I have to talk to someone at BCIS to figure out if they indeed sent the prints or not.

            Comment


            • #7
              I guess I didnot make my self clear on this part. Once again...
              FBI finger print checkup and clearance will not be enough for security clearance. FBI finger print checkup is one part of security checkup, alein still have to deal with other part. because of the above reason and knowing that if DHS initiated FBI checkup or not does not change a thing. Lets say FBI clearance is done and NO flag on file, what about Illigal immigrant Database system, What about DACS( deportable) IGS system and others. Security check will not be cleared if these other system is not checked. FYI: FBI check up is limited which will not show Deportable aliens. One should not expect himself in FBI list if he didnot commit any crime but alien can be in DACS, IGS if he over stayed, mis rep, illegal entry etc.
              Bottom line , you need to be worry about whole scurity clearance and should not be calling FBI. what makes you think that confidential info can be released to you directly when you are not the initiator.
              Its a discussion, not a legal advise..

              Comment


              • #8
                Mohan, would you recommend to an immigrant, who's preparing for AOS to gather all the information that the govt has on them by utilizing FOIA?
                I don't know whether DACS nor ICS data will be included in that though.

                Comment


                • #9
                  not all the data is included in FOIA. FOIA is only contains the part. FOIA does not include Arrival and departure record, did not include any Misdeamenor record( if not asked, specifically) and others.
                  FOIA information is only good if alien only want to know what was filed with immigration, but when it concerns to security checkup, there are other databases which contains information only can be released to DHS OR DOJ.
                  Its a discussion, not a legal advise..

                  Comment

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