Additional Review/Background Check

[edgemulley 0]

Hi Guys,

I was wondering if anyone could shed more light or give me some information that may be useful in my case. My wife and I had out AOS Interview back in April this year (K1 visa), the immigration officer told us that our case was fine; I am the applicant and my wife is the petitioner. We filed for the I-485 & EAD December last year; EAD was approved since February this year. The processing time-frame for the AOS has passed, I called the immigration customer support and an update request was sent to the immigration officer working on my file - the immigration officer emailed me with the following message.

Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.

I was not sure what "additional review" meant so I contacted my senator to see if he could verify what it meant and the USCIS office in charge of my case sent him the following message

A check of our records establishes that the case is not yet ready for decision, as the required investigation into the background remains open. Until the background investigation is completed, we cannot move forward on this case. We will make every effort to make a decision as soon as the background checks are complete. If the applicant does not receive a decision or other notice of action from us within 6 months of this response, please make another inquiry

In this situation, what background checks are they running? I imagine background checks are run on you before you get into the US and before you have your interview? It appears that I have to wait over a year (until January 2011)after I filed for AOS before I can get another update on my case. To say the least, this is very upsetting and discouraging - One cannot obtain a drivers license, travel to visit your family back in your home country without the green-card.

I will appreciate if anyone can throw some light on what these checks mean. Thank you guys

[Dan J 277]

Hi Guys,

I was wondering if anyone could shed more light or give me some information that may be useful in my case. My wife and I had out AOS Interview back in April this year (K1 visa), the immigration officer told us that our case was fine; I am the applicant and my wife is the petitioner. We filed for the I-485 & EAD December last year; EAD was approved since February this year. The processing time-frame for the AOS has passed, I called the immigration customer support and an update request was sent to the immigration officer working on my file - the immigration officer emailed me with the following message.

Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.

I was not sure what "additional review" meant so I contacted my senator to see if he could verify what it meant and the USCIS office in charge of my case sent him the following message

A check of our records establishes that the case is not yet ready for decision, as the required investigation into the background remains open. Until the background investigation is completed, we cannot move forward on this case. We will make every effort to make a decision as soon as the background checks are complete. If the applicant does not receive a decision or other notice of action from us within 6 months of this response, please make another inquiry

In this situation, what background checks are they running? I imagine background checks are run on you before you get into the US and before you have your interview? It appears that I have to wait over a year (until January 2011)after I filed for AOS before I can get another update on my case. To say the least, this is very upsetting and discouraging - One cannot obtain a drivers license, travel to visit your family back in your home country without the green-card.

I will appreciate if anyone can throw some light on what these checks mean. Thank you guys

If you need to travel, you can get Advance Parole. Its free while AOS is in process. You should be able to get a social security card based on your ead, however, depending on the state, they may or may not accept an EAD to get a drivers license.

As far as the additional review and name checks. The US maintains several lists of people that they are "interested" in. if your name matches or partially matches (soundex algorithm) anyone on that list they need to clear each hit before granting a green card.

[seanyb719 1]

sorry not sure if you said during your email but did you actually get the approval / card production email from them after the interview? or did it go straight to further review like you mentioned?

[edgemulley 0]

@Dan + Gemvita

Thanks for your response, well appreciated. If I apply for Advance Payroll now, do I have to pay or I can apply and refer to my pending AOS case?. I know that several checks are run on you even before you get your visa in your home country and several checks are run on you before you are scheduled for the interview (http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html). The current background checks they are running - are they on me (applicant) or on my wife (petitioner). By the way, what is soundex algorithm?. Third question, a lil of topic but related all the same; my EAD is valid for one year and will expire early 2011; do I have to pay to file for a new one or can I file for a new EAD and refer to my pending AOS? I do have a SSN and an ED but my State requires that you have your GC before you can get your drivers license - I think most states do.

@seanyb719

I did not get an email approval; the immigration officer mentioned that she does not see any issues with our case after the interview and such cases (K1) are usually approved. So the delay and background checks are kinda surprising to me.

[seanyb719 1]

@Dan + Gemvita

Thanks for your response, well appreciated. If I apply for Advance Payroll now, do I have to pay or I can apply and refer to my pending AOS case?. I know that several checks are run on you even before you get your visa in your home country and several checks are run on you before you are scheduled for the interview (http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html). The current background checks they are running - are they on me (applicant) or on my wife (petitioner). By the way, what is soundex algorithm?. Third question, a lil of topic but related all the same; my EAD is valid for one year and will expire early 2011; do I have to pay to file for a new one or can I file for a new EAD and refer to my pending AOS? I do have a SSN and an ED but my State requires that you have your GC before you can get your drivers license - I think most states do.

@seanyb719

I did not get an email approval; the immigration officer mentioned that she does not see any issues with our case after the interview and such cases (K1) are usually approved. So the delay and background checks are kinda surprising to me.

oh ok i see. i was just checking to see if they still do more checks even after stating approval in email. i really hope you get it all sorted soon!

[bigdog 376]

We are in same boat, word for word since April 2011.