Experts Joe, Belle others Please help

[pleaseadv]

Hello Experts,

Can you please advice, my case details are below. I am confused, frustrated and looks like I hit a wall with this.

Priority Date: Mar 2005 EB2

Receipt Date: 10Aug2007

Employment based Labor Substitution(India)

Never Interviewed till date

RFE - Medical and Bonafide Marriage (for Wife) in 2009

Case initially sent to NSC then transferred to VSC(May, 2010 around the date we became current) transferred again to Local Office (Aug 2010 and still waiting there)

LUD Oct 2010

Opened SRs twice and got the standard answer - actively processing your cases but case delay because of extended review.

Congressman has inquired and was told by USCIS that Security Check was Pending

Finger Printed Nov2007 Only once

Took infopass and the lady informed me that fingerprints expired and I should get them done again. Is is a good idea to trigger fingerprints and how do I trigger them, I know some people have success in triggering fingerprints.

Called FBI about my fingerprints and was informed the results were sent back in Nov2007(same day).

I am confused if my Name Check has ever been done I asked the IO at Infopass but they did not have any answers to that.

Is there not a rule that I-485 has to be conditionally approved if Security Check has been pending for more than 6 months?

Also couple of weeks back I spoke with an IO about our cases and he said the address was not updated on the files (even though I did an AR11 a while back) got an letter from USCIS acknowledging the address change but no LUDs ever then or ever since.

Please advice, thanks in advance.

[Belle]

"Congressman has inquired and was told by USCIS that Security Check was Pending"

That seems to be source of the problem.

"Took infopass and the lady informed me that fingerprints expired and I should get them done again. "

That was the answer that I got. I was approved 3 months later with no additional FP appointments.

" Is is a good idea to trigger fingerprints and how do I trigger them, I know some people have success in triggering fingerprints."

I would not do it. Obviously, your FPs were saved digitally and rerun, since the USCIS had plenty of time to issue another FP appointment.

"Also couple of weeks back I spoke with an IO about our cases and he said the address was not updated on the files (even though I did an AR11 a while back) got an letter from USCIS acknowledging the address change but no LUDs ever then or ever since."

Call 1-800 number and file address change on the petition again. I was in the same situation - got the letters that the address was updated, and 3 months later at InfoPass, my address was as it was originally, prior to two address changes (I had two address changes - lived in temp housing while relocating).

"I am confused if my Name Check has ever been done I asked the IO at Infopass but they did not have any answers to that."

Check again, if possible, at a different day/time to get a different officer. I got the answer to this question from InfoPass.

I would file a case problem report with the CIS Ombudsman.

[Joe.F]

Do you have a lawyer? If not, get one.

The lawyer should be on the ball.

A writ of mandamus may be something to think about. But again, your lawyer should handle things.

[pleaseadv]

Thank you both for your suggestions, I will try to do my best.

[pleaseadv]

So I found out by calling customer service and getting through to the second level of support that my case has been pre-adjudicated.

What does pre-adjudication indicate? Is it reasonable to assume that all processing has been done and it is waiting for someone to approve?

Since my dates have been current for a year does this mean I need to get my case assigned to an officer by any means - Congressman, Senator, Ombudsman, my Attorney?

I have heard that going the Congressman, Senator and Ombudsman route is going to tie the case with CIS and going to get delayed but some people did get the much needed attention and got their case approved by going this route.

Thanks in advance for the help.

[Belle]

"What does pre-adjudication indicate? "

Nothing. It means somebody looked at it, and did not deny it or issued an RFE on it, which you already know.

It does NOT mean that all processing is done. It generally means something is missing (and it is not somehting they can issue an RFE for), and the application cannot be approved.

[pleaseadv]

Thanks Belle, I spoke with another IO to find when the application was preadjudicated and she said end of 2009(at which point I did not have visa numbers available).

I asked if preadjudication means that all security checks have been completed and she replied, it does mean that they have been completed at that point in time. Since it has been a while security checks might have been ordered again and waiting. Mighty luck.

Any idea how many months/years the security checks are valid for?

Thanks Again.

[Belle]

"I asked if preadjudication means that all security checks have been completed and she replied, it does mean that they have been completed at that point in time"

I would not rely on it. Mine was preadjudicated for at least a year while waiting for a namecheck.

I believe, namecheck is valid for 18 months after completion.

[wife]

My wife is Australian citizen and I am green card holder of USA..How she will be able to come in USA at the earliest legally..I know she can enter USA without visa, but once she is married to a green card holder, she may have trouble entering on visa waiver. Any suggestion on that??

In the worst case, if I sponsor her for her green card while she is out of USA, how long it will take to process..Any idea??

Thanks