All Aug 2013 485 APPROVALS & DISCUSSION - report here with details

[IJune05]

You may have just taken the best call to live your life peacefully.
After enabling sms based alert, I have decided to not access to "case status" . I like to be with friends here and enjoy the days as it goes by

Friends , I got a response to the query initiated by congressman on my inquiry .

" The case is with officer pending clearance and adjudication " .

If it is pending clearance after 19 months since filing my 485 , I'm not in much hope that it will be cleared before dates retrogress . So until next cycle, I plan to stay detached to receiving GC . Good luck to all our friends here with pending 485 approval . Continue to raise SRs and follow through to set right expectations .

[kpt112107]

Finally Greeeened... Physical cards will reach my home today...Thanks to everyone....

[Spectator]

Spec, MATT ...
I read some where that they can wait only 150 days for security clearance, is that is not correct ?

pakkineni,

Sort of, but it is not automatic, nor can the decision be made by the adjudicating officer.

Based on the February 2009 Memo, if the name check has been pending for more than 150 days and the case is otherwise approvable, the case is referred to USCIS HQ. A contact there will liaise with the FBI about the reasons for the delay. USCIS HQ will then provide the adjudicating officer with case specific guidance, which may include authorizing the case.

The earlier February 2008 Memo, which was superseded by the one in in February 2009, allowed automatic approval by the adjudicating officer, if the name check had been pending more than 180 days and the case was otherwise approvable.

The policy was changed when the FBI backlog was brought under control.

[Eb2_Dec07]

You may have just taken the best call to live your life peacefully.
After enabling sms based alert, I have decided to not access to "case status" . I like to be with friends here and enjoy the days as it goes by

June , i echoed the same sentiment for a longtime , but this time I thought it wd be a final lap after being a nonchalant applicant for long . Anyways , I have decided to get away from the splash and get back to focusing on life as you say. This forum has been a great help to share , vent and live through our experiences & struggles in this journey and it has helped me with a lot of information to set my expectations straight. I wish everyone here lots of luck .

[Hope4Best]

Friends and Experts! Not sure if I can post this here or need to open a new thread. My PD is Apr, 2006 started with EB3 and ported last year to EB2. my LUD was 2009 and when I emailed TSC for update on my interfile in July, I was told my category is EB2 and will resume processing when visa becomes available. My lawyer requested interfile again on Aug 1st and I am not seeing any progress in TSC. My son turned 15 this year as well. Does he need to go finger printing - will it delay? What should be my next steps (should I raise SR - then contact Congressman or just contact congressman)? Thanks in advance!

[pakkineni]

Received email from USCIS for my SR as below, I opened SR on 08/05

We have received your service request and researched the status of your application. Our records indicate that your application was approved on August 15, 2013. Your Permanent Resident Card is in production and will be mailed within 30 days to the address on file.

Hope this means my I-485 is approved
till now I didn't get SMS, case update automated email or online status still show INitial Review

PD : July - 2007
I 485 applied : NOV - 2011

[indiani]

Received email from USCIS for my SR as below, I opened SR on 08/05

We have received your service request and researched the status of your application. Our records indicate that your application was approved on August 15, 2013. Your Permanent Resident Card is in production and will be mailed within 30 days to the address on file.

Hope this means my I-485 is approved
till now I didn't get SMS, case update automated email or online status still show INitial Review

PD : July - 2007
I 485 applied : NOV - 2011

Just call L2 officer to confirm again but my gut feeling is you are 99.999% Greened

[pakkineni]

Thanks Spec

[indiani]

Finally Greeeened... Physical cards will reach my home today...Thanks to everyone....

congrats !

[pakkineni]

pakkineni,

Sort of, but it is not automatic, nor can the decision be made by the adjudicating officer.

Based on the February 2009 Memo, if the name check has been pending for more than 150 days and the case is otherwise approvable, the case is referred to USCIS HQ. A contact there will liaise with the FBI about the reasons for the delay. USCIS HQ will then provide the adjudicating officer with case specific guidance, which may include authorizing the case.

The earlier February 2008 Memo, which was superseded by the one in in February 2009, allowed automatic approval by the adjudicating officer, if the name check had been pending more than 180 days and the case was otherwise approvable.

The policy was changed when the FBI backlog was brought under control.

Thanks Spec

[indiani]

Spec,

my RD was april 2012 not 2013 ( It was a typo) , thanks for the detailed explanation. I am just hoping to hang on to the current job as long as I can and if I am terminated from my job then I will try to get a letter of employment offer from a place close to my current address and stay at the same address ( so RFE not triggered), in the meanwhile while I am unemployed and about to start my new job, I think I should be fine to stay legally and as well receive my green card. I think the key is to have a job offer even though I am not actually working there as it takes few weeks to months to start work .

[justvisiting]

Received email from USCIS for my SR as below, I opened SR on 08/05

We have received your service request and researched the status of your application. Our records indicate that your application was approved on August 15, 2013. Your Permanent Resident Card is in production and will be mailed within 30 days to the address on file.

Hope this means my I-485 is approved
till now I didn't get SMS, case update automated email or online status still show INitial Review

PD : July - 2007
I 485 applied : NOV - 2011

A friend got his green card four years ago. His online status still says Initial Review.

[Jagan01]

Received email from USCIS for my SR as below, I opened SR on 08/05

We have received your service request and researched the status of your application. Our records indicate that your application was approved on August 15, 2013. Your Permanent Resident Card is in production and will be mailed within 30 days to the address on file.

Hope this means my I-485 is approved
till now I didn't get SMS, case update automated email or online status still show INitial Review

PD : July - 2007
I 485 applied : NOV - 2011

So u gained independence twice on Aug 15.

[indiani]

A friend got his green card four years ago. His online status still says Initial Review.

I got my H-1 and online was in acceptance for months after approval.

another Burmese friend got GC and online status remained acceptance for a long time.

The online status is wrong perhaps very rarely at approval stage but other stages like RFE response review, initial review, acceptance are even more unreliable

[indiani]

last couple of days has been slow, I hope the pace picks up as there is still more than half of the demand awaiting adjudication.
my guess is if the rate is about the same only about 8K might be approved in august and rest will be considered in sept along with new demand of people who become current in September.

[Eb2_Dec07]

Spec/ Q/ All gurus , does anyone know what pending clearance means . Is it FBI name check or something related to finger printing. My finger printing was done sometime in January of 2012 .

IS there anyway to write a letter or something in this regard. Has anyone had any experience with pending clearance scenario on a pending

Also if it has to do with FBI , is there any standard way to communicate with them , like email , fax # or phone etc .

[qesehmk]

EB2 - I think this is FBI clearance for any criminal terrorist or otherwise harmful unlawful activities that the potential immigrant may be engaged in.

I think you can use FOIA and then based on that go to the courts to sue USCIS for unreasonable delays.

I do not know for sure - but I wouldn't be surprised if in a post 911 world - FBI is creating unreasonable delays in clearing people with certain backgrounds (nationality or religion). If in your case you believe so - I would say that it might be definitely worthwhile to invoke FOIA and then if literally sue USCIS. I wish there was an organization who could help immigrants like you. Perhaps you can also approach AILA after you are armed with some information from the use of FOIA.

My best to you. This is the best I could think of. Perhaps others can contribute better.

Spec/ Q/ All gurus , does anyone know what pending clearance means . Is it FBI name check or something related to finger printing. My finger printing was done sometime in January of 2012 .

IS there anyway to write a letter or something in this regard. Has anyone had any experience with pending clearance scenario on a pending

Also if it has to do with FBI , is there any standard way to communicate with them , like email , fax # or phone etc .

[Eb2_Dec07]

EB2 - I think this is FBI clearance for any criminal terrorist or otherwise harmful unlawful activities that the potential immigrant may be engaged in.

I think you can use FOIA and then based on that go to the courts to sue USCIS for unreasonable delays.

I do not know for sure - but I wouldn't be surprised if in a post 911 world - FBI is creating unreasonable delays in clearing people with certain backgrounds (nationality or religion). If in your case you believe so - I would say that it might be definitely worthwhile to invoke FOIA and then if literally sue USCIS. I wish there was an organization who could help immigrants like you. Perhaps you can also approach AILA after you are armed with some information from the use of FOIA.

My best to you. This is the best I could think of. Perhaps others can contribute better.

Q thanks for your response. I cannot think of any reason for delays based on religion and my record has been clear except a traffic violation one in 10 years cannot think of anything .

[Spectator]

Spec/ Q/ All gurus , does anyone know what pending clearance means . Is it FBI name check or something related to finger printing. My finger printing was done sometime in January of 2012 .

IS there anyway to write a letter or something in this regard. Has anyone had any experience with pending clearance scenario on a pending

Also if it has to do with FBI , is there any standard way to communicate with them , like email , fax # or phone etc .

Eb2_Dec07,

Sorry you find yourself embroiled in this.

I don't know, but I would take an informed guess that the word "clearance" relates to the IBIS / name check procedure. It seems unlikely to be related to the fingerprints, since they don't change and they have been cleared before.

You have the option to raise an SR.

From all other posts I have ever seen, this will only get you a canned response to wait for <insert fairly long period here>. For name check / background check issues, even Congress critters do not seem to be able to elicit a sensible response from USCIS and because of the subject will not press further.

There certainly used to be a telephone number to check on fingerprint clearance with the FBI after they had been sent. I don't know what it is, or even if it is still operational.

I'm sure you've already read the February 2009 Memo I linked to in a recent post - after 150 days there is a procedure to review the situation and potentially approve the case even if the FBI name check is still pending, although I realise that time scale will be of little comfort to you.

PS:- See my subsequent post.

[indiani]

Q thanks for your response. I cannot think of any reason for delays based on religion and my record has been clear except a traffic violation one in 10 years cannot think of anything .

what kind of traffic violation, speeding ticket or anything serious that you have to attend a court for?

moreover based on the response you received I believe clearance means a generic term as everyone is vetted for the last time before final approval, I think the reply you got is causing you anxiety ( which is completely reasonable), try asking the congressman to call uscis and ask is it a clearance that everyone goes through or is there anything unique about your application.

[indiani]

" The case is with officer pending clearance and adjudication " .
one possible translation is "review" as clearance could mean a lot of things not necessarily a security issue , at least that's my opinion.

[Spectator]

Friends , I got a response to the query initiated by congressman on my inquiry .

" The case is with officer pending clearance and adjudication " .

If it is pending clearance after 19 months since filing my 485 , I'm not in much hope that it will be cleared before dates retrogress . So until next cycle, I plan to stay detached to receiving GC . Good luck to all our friends here with pending 485 approval . Continue to raise SRs and follow through to set right expectations .

Eb2_Dec07,

Now I have looked up your post, I really don't think you have anything to worry about.

That is a very generic reply and actually says nothing at all. It is the equivalent of "I've answered your question, now go away" in a polite way.

Before approval, the IBIS /Name Check must be re-run if it has expired (which it almost certainly has) as part of the final adjudication and before the case can be approved.

Adjudicators Field Manual Section 10.3

An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt. In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of the IBIS query indicates it is no longer current (i.e. more than 180 days old):

· At the time of decision;

The fact that it is with an officer is a very good sign.

[indiani]

Based on my review of various congressional inquiry replies, almost every reply suggests that an officer is given the duty of "reviewing" or "adjudicating" or "clearing" or "processing" the file before final decision.
some have given 30-45 days and recently some have said can't tell how long.

[indiani]

http://www.uscis.gov/ilink/docView/A...html#0-0-0-276

How cases are adjudicated

[Eb2_Dec07]

Eb2_Dec07,

Now I have looked up your post, I really don't think you have anything to worry about.

That is a very generic reply and actually says nothing at all. It is the equivalent of "I've answered your question, now go away" in a polite way.

Before approval, the IBIS /Name Check must be re-run if it has expired (which it almost certainly has) as part of the final adjudication and before the case can be approved.


The fact that it is with an officer is a very good sign.

I really appreciate your insight Spec . I hope it is generic and not clearance related.

Thanks a lot .