485 pending-additional review response

needgc1

By needgc1,
in AOS & CP : General

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needgc1 Member

needgc1

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Hi Belle,
my friends date is current now in this AUG VB released today, he is 2007 filer with porting. 6 months back he called uscis about status(PD was not current then) and they said additional review wait 6 months. 6 months over now, what do you suggest him. Thanks

ofcourse PD is current in Aug VB. What is this additional review?

 

 
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tusharvk Advanced Member

tusharvk

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Hi Belle,

my friends date is current now in this AUG VB released today, he is 2007 filer with porting. 6 months back he called uscis about status(PD was not current then) and they said additional review wait 6 months. 6 months over now, what do you suggest him. Thanks

ofcourse PD is current in Aug VB. What is this additional review?

 

 

 

so did he raise SR and in the response to the SR the cis told that additional review is required. Is there some letter that states to wait for 6 months. Could you pls clarify?

 

Come to think of it: we read on some websites that people with about to get current pds are getting served with RFEs. On this forum though, there is only one case I am aware of who faced this situation.

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Belle Advanced Member

Belle

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Hi Belle,

my friends date is current now in this AUG VB released today, he is 2007 filer with porting. 6 months back he called uscis about status(PD was not current then) and they said additional review wait 6 months. 6 months over now, what do you suggest him. Thanks

ofcourse PD is current in Aug VB. What is this additional review?

 

 

 

 

It is possible to namecheck to take a very long time. Think of Tsarnayev citizenship application - the FBI got a tip, they checked on it, found nothing, but his application was put on the bench, possibly indefinitely.

 

What you need to do is to start pulling on the strings to get your application out of this funk. Here is the most likely progression.

 

First, take an InfoPass appontment and ask the officer to look at your case to see if it nees anything other than the current PD to get approved. Show him one of the letters, tell him you have been waiting since 2007. If the namecheck is still pending, then move on to the next steps.

 

Comes August 1st, call the USCIS and create a service request for long processing. Simultaneously, file a case problem report with the CIS Ombudsman about long processing. Hope, the approval will come by the end of the month or September.

 

If your date retrogresses in October, you really don't have many options, because you really can't do anything - the USCIS will just respond that your date is not current. You can try contacting your Senator or Congress person office to help with the namecheck specifically, but not sure it will work. If the date is current, then your options are contacting Senator/Congress person and filing a Writ of Mandamus lawsuit. For the last, you would need an experienced lawyer.

 

Good luck!

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needgc1 Member

needgc1

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Belle, thank you for long note. For contacting CIS Ombudsman, Senator/Congress person and filing a Writ of Mandamus lawsuit, if necessary, do we need to wait for normal processing time of 4 months from Aug1st,2013? What is your pick on date regressing back to Jan 2005 in future months? Thanks

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Belle Advanced Member

Belle

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Belle, thank you for long note. For contacting CIS Ombudsman, Senator/Congress person and filing a Writ of Mandamus lawsuit, if necessary, do we need to wait for normal processing time of 4 months from Aug1st,2013? What is your pick on date regressing back to Jan 2005 in future months? Thanks

If your date is current, they should make a decision in 30-45 days. You should not have to wait for the normal processing time because that time was already given to the USCIS to decide on your application. It's not like they can't process, do checks, send RFEs or even deny your application while the dates are not current. I hope the dates do stay current, but they are likely to jag back and forth for a while because apparently the USCIS can't figure out how to allocate visas.

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Belle Advanced Member

Belle

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do you think attorneys got more privilages to know more detailed information about the case than just when customer get reply 'Additional Review'?

Just checking so that make more informed decision on approaching for info. Thanks

Not that I know of. The attorney may be able to find an easier root of getting the info, but whatever the USCIS can give to the attorney, they should be able to give to you.

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Belle Advanced Member

Belle

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Attorney or Belle, you mentiond 'if dates regress in Sept', if PD is june 2005 then do you think dates can regress to this date? just checking a best guess. Thanks

I don't know, and whoever say they know, don't listen to them. Just roll with the punches.

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needgc1 Member

needgc1

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Is this plan looks ok?

-On Aug 1st - will call L2 to get update like is it interlinked/ is it ported( or you can suggest wording in few lines here if you can please)

-Take an InfoPass appontment-When ?

 -Contact Senator or Congress person office?

-File a case problem report with the CIS Ombudsman when?

 

            OR       

 

wait couple in weeks until August to see if any file movement?

 

some say, 'Additional review .." is just another template they use for quick reply and really does not mean much, Do you think so too?

485 was filed in Oct 2007 under EB3, EB2 approved in 2012 with old EB3 PD in 2012, do you think  name check takes so long?

If re-entered US recently on AP after 2nd inspection, does this not mean name check is all good and clear because they check at the POE becaseu of 2nd inspection and fingerprint scanning at the counter at Airport customs? Thanks

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