Namecheck Victims Sign up here

[pappu]

Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.
================
Update
Oct 22. 2007
http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61

[mallu]

Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.

Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .

May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".

[Googler]

Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .

May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".

I hope what that news release means is more than what is described in this article:

http://www.latimes.com/news/local/la-me-citizenship10sep10,1,5647808.story?page=1&ctrack=2&cset=true

In his yearly report to Congress in June, immigration services ombudsman Prakash Khatri wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." Khatri questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."
The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said. [note: Chris Bentley is a USCIS spokesman.]
……………...

In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said. [note: Bill Carter is a FBI spokesman.]

What we really need is something like what they had to do to clear the US passport backlog -- aggressive hiring and reallocation of resources to remove the backlog + reassessment of the value of examining reference files. Not a replay of the DOL BEC story OR the continuation of the current Kafka-esque situation albeit with few pieces of duct tape to show the press.

I hope IV is making this clear in all meetings. $6M worth of changes are not going to fix the problem.

[NYImmigrant]

I hope they do something about this name check mess soon. I filed 485 in July 2003 and have been current for years now... Just stuck in the whole name check mess.

I even completed the interview for my employment based 485 more than 19 months ago. I do not know what else they want ?

EB3 India PD: March 2001.

[pan123]

Folks,

Can somebody please explain me, how will I know that I am a victim of FBI namecheck?

Thanks,

[pappu]

Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.

[aadimanav]

How do I find out that I am "suffering" from namecheck? :confused:

PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED

[mallu]

Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.

I believe most of the members of IV are in the receipt/FP mode. Newly filed mass.
Yet to worry about the namecheck. And for EB3 and EB2 post 2004 filers the burning issue is still country wide quota.

[aadimanav]

bump :p

How do I find out that I am "suffering" from namecheck? :confused:

PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED

[gene77]

How do we know we're stuck in the namecheck process?

Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?

Thanks,

[485Mbe4001]

i am a victim too (NC started Jan 05)...i have almost given up now.

Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.

[somegchuh]

I am stuck in namecheck too. With 485 filed in Feb '07 I am not sure if I qualify as a "namecheck victim" yet :-)

[priti8888]

How do we know we're stuck in the namecheck process?

Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?

Thanks,

NO..online status wont chnage.

U can either call the 1-800 # or make an infopass appointment 4-6 Months after your first FP. If u plan to call, make sure u call 3-4 times because you might get conflicting info

[elassar2005]

victim me, my wife and my 9 years kid since April 2006 and victum for the all system since i belive them when i immigrated in 2000, but it's too late to cry :)

[lazycis]

NC has been pending since April 2004. Currently in process of suing the government.

[karsat]

My NC has been pending my I485 has been filed in Sep 2005

[humdesi]

Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.

So what's the new development?

[pappu]

SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 3093, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

(2) the average time taken to complete each type of background check;

(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

(b) Recipients.--The congressional committees listed in this subsection are--

(1) the Committee on the Judiciary of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on the Judiciary of the House of Representatives; and

(4) the Committee on Homeland Security of the House of Representati

This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.

[485Mbe4001]

http://levin.senate.gov/newsroom/release.cfm?id=285400

October 16, 2007 Contact: Press Office
Phone: 202.228.3685

Senate Approves Levin Amendment to Improve Oversight of FBI
Background Checks




WASHINGTON – The Senate has approved an amendment by Sen. Carl
Levin, D-Mich., to improve oversight of the FBI National Name Check
Program, which faces a substantial backlog. The program is used to
run background checks on people applying for immigration benefits or
seeking employment with the U.S. government, among many other
purposes. Levin's provision, which was included as an amendment to
the Commerce, Justice, and Science (CJS) Fiscal Year 2008
Appropriations Bill, would require the FBI to report to Congress
every year regarding progress made in improving the FBI's system of
processing background checks and automating investigative files.

"The background check program's enormous backlog poses an
unacceptable burden on people whose lives are on hold, and it also
leads to a national security risk," Levin said. "Approximately
31,000 cases have been pending for at least 33 months. If these
individuals are a security threat, we must know that sooner rather
than later."

According to the U.S. Citizenship and Immigration Services (USCIS)
Ombudsman's 2007 Annual Report, there were 329,160 name check cases
pending in May 2007, which is and increase of 93,358 over the
previous year. Many immigrants who are applying for adjustment of
status to legal permanent resident, naturalization, asylum, or a
waiver end up waiting for months or years for the completion of the
name check process.

In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of
the Records Management Division of the FBI stated before the House
Committee on Government Reform that, "[t]he name check delays have
significant consequences to FBI customers and stakeholders. The
delays impede hiring or clearing skilled workers; completing
government contracts; student enrollment, and…clearing requested
visas for business visits to the United States. More importantly
than all of the foregoing, these processing delays can also diminish
counterterrorism effectiveness."

[Bradman]

EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!

[mallu]

EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!

Your application may be just sitting in their shelf because of name hits. The "in process" letter that FBI sends doesn't indicate much. Depending on how popular one's name is one might be in the namecheck hole for 4+ years.

[mbodda]

I am glad IV is focusing more attention on the name check nightmare. I filed 485 in December 2006 (EB1) and am stuck in the namecheck.

Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.

[lazycis]

EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

[GCHPLC]

We are victims as well. From 2001 to 2005 were waiting for Labor, they processed applications from April 2001 for three years (!?) and started from April 2005 we are in FBI name check . Coworkers applying in 2007 getting GC. If there any action in NY, I will be happy to participate.

[lazycis]

GCHPLC,
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/showthread.php?p=1804764&

[richshi]

An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.

The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.

Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:

http://www.house.gov/writerep/

Please post this message in all immigration groups you are member of.

PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t xt.pdf

HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

(b) Elements of Plan- The plan shall include the following elements:

(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

(2) the name check fee shall be fully refunded.

(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.

END

[InTheMoment]

4-6 months after your Notice Date. The date you give your FP has absolutely no relation to the initiation of namecheck by FBI.

The submission for namecheck is generally made to FBI 1-2 weeks after your Notice Date. (The date one's data is entered into the USCIS CLAIMS3 system)

NO..online status wont chnage.

U can either call the 1-800 # or make an infopass appointment 4-6 Months after your first FP. If u plan to call, make sure u call 3-4 times because you might get conflicting info

[GCHPLC]

The link from PDF file doesn't work. Could you please send the right document?

[lazycis]

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t%20xt.pdf

[GCHPLC]

Thank you, I've got it

[rbms]

My name check is pending since March 2004.

Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.

[Bradman]

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

I just wrote to the President & White House today. Let me see what they have to offer on this...

Appreciate your advise !!!

[Bradman]

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

It worked man !!!

Gotta the Card production mail this morning after writing to the presidents office

Thanks a ton for your valuable advise !!!

[mbodda]

Hi Bradman
Congratulations. Can you please tell me who you addressed it to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.

It worked man !!!

Gotta the Card production mail this morning after writing to the presidents office

Thanks a ton for your valuable advise !!!

[mbodda]

Hi
Can you please tell me who you addressed the letter to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

[Bradman]

Hi
Can you please tell me who you addressed the letter to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.

The President George W Bush,

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Mention in the subject line: FBI Name Check pending.

Also send it by a regular post as I have seen and it worked for me, whether it was the FL, State Senator or the Local Congressman !

Also make it a point to write at the top of the envelop (Immigration Assistance). Let the letter be very personalized and write your traumatic experience.

All the best !!!

[mbodda]

Thanks for the quick reply. And Congratulations again.

The President George W Bush,

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Mention in the subject line: FBI Name Check pending.

Also send it by a regular post as I have seen and it worked for me, whether it was the FL, State Senator or the Local Congressman !

Also make it a point to write at the top of the envelop (Immigration Assistance). Let the letter be very personalized and write your traumatic experience.

All the best !!!

[InTheMoment]

Very happy for you Bradman !! Enjoy :p

...but remember it can be pure coincidence that your letter to 1600 Pennslyvania made any difference. Moreso when the namecheck and the approval..all happened within 2 weeks of the letter !

Anyways no harm trying any and all legal ways !

The President George W Bush,

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Mention in the subject line: FBI Name Check pending.

Also send it by a regular post as I have seen and it worked for me, whether it was the FL, State Senator or the Local Congressman !

Also make it a point to write at the top of the envelop (Immigration Assistance). Let the letter be very personalized and write your traumatic experience.

All the best !!!

[Bradman]

Very happy for you Bradman !! Enjoy :p

...but remember it can be pure coincidence that your letter to 1600 Pennslyvania made any difference. Moreso when the namecheck and the approval..all happened within 2 weeks of the letter !

Anyways no harm trying any and all legal ways !

You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

Thanks,
Donald Bradman

[485Mbe4001]

Wow, you must have written some letter... This is the first time that i have heard someone getting a call about NC from the presidents office.

You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

Thanks,
Donald Bradman

[Googler]

You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

Thanks,
Donald Bradman

Congratulations!

Do you mind sharing some details? It would be very helpful to know if they only helped because your case was extraordinary in some way.

How long have you been waiting for the namecheck to clear? What country are you from? What did you say about the adverse effects on your life?

[WaitingYaar]

No LUD since Jan 2007 on I-485 application.

[mallu]

No LUD since Jan 2007 on I-485 application.
No LUD since Aug.2006 on I-485 . Who can beat me on this.

[GCHPLC]

No LUD since Aug.2006 on I-485 . Who can beat me on this.

No LUD since April 2005, how about that?

[gsgskms]

hi!
can you guys please post the 1800 # with right options to find out whether my I-485 is stuck in name check or not? thanks in advance for your help.


No LUD since April 2005, how about that?

[jhustju]

No LUD since Aug.2006 on I-485 . Who can beat me on this.

RD Oct2006

[snhn]

I highly doubt that the White called Mr. Bradman abou this name check. white house has other things to worry about that then simply getting ones name check cleared. White has nothing to do with name checks. If it did, my mothers case would have been cleard a long time ago. She is stuck for the past 3 years. She is over 60. i contacted the white house last year. Not even a Thanks for writing form them.

So if it is true, then Bradman congrats, but if you are just pulling our leg, then not a good thing.

[rubiela]

I have been a victim since october 2004 I am still pending ... as NOvember 05 2007

[Bradman]

I highly doubt that the White called Mr. Bradman abou this name check. white house has other things to worry about that then simply getting ones name check cleared. White has nothing to do with name checks. If it did, my mothers case would have been cleard a long time ago. She is stuck for the past 3 years. She is over 60. i contacted the white house last year. Not even a Thanks for writing form them.

So if it is true, then Bradman congrats, but if you are just pulling our leg, then not a good thing.

What you think and suggest is your problem. I know what all i had go through to be where I am today. I did a receive a call on either occasion from the Presidents office. As a matter of fact when I wrote to the FL and the Senators office then too I received calls.

Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.

All the best !!!!

[Bradman]

What you think and suggest is your problem. I know what all i had go through to be where I am today. I did a receive a call on either occasion from the Presidents office. As a matter of fact when I wrote to the FL and the Senators office then too I received calls.

Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.

All the best !!!!

Forgot to mention on all the instance I had sent hand written personal letters just stating traumatic situation which I am going through. Also remember this is a request which we are asking for and there is no moral obligation on their part to expedite.

Cheers !!!
Bradman

[lg11105]

I filed 485 in Sep 2003.
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.

How do I know how long FBI Name Check is Pending on my case ?

[mallu]

I filed 485 in Sep 2003.
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.

How do I know how long FBI Name Check is Pending on my case ?

You filed in Sep 2003, right ? So name check is pending for 4+ years. Why didn't file WOM on them ?

[CADude]

NC process usually start 1 or 2 weeks after Notice date(this you will get in Receipt Notice). So it's more than 4 years. Wow it's bad.

I filed 485 in Sep 2003.
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.

How do I know how long FBI Name Check is Pending on my case ?

[cliffmacnab]

name check has been pending since dec. 2006. I just check it again today. It is still pending.

[seahawks]

just found out, mine is pending too.. geez..

[jbourne411]

I am also stuck in name check, Kind of sucks!
EB2, Non Retrogressed Country

[alkg]

Hi IV Members

I am 2nd July filer and till date i did not receive Advance Parole,but my wife received an approval notice from USCIS stating that they approved her AP(but AP not received) .

And Today i got an email from USCIS guys stating that my file for AP is under "Name Check and Background Check"..???????

I just want to know from IV members how much time it will take to get clearance from background check as i have an emergency to go Home country. confused::mad::mad::(:(

[Aloha1]

My case I-485 (marriage based) was received in Oct 2005, NC initiated Nov 2005, interviewed Feb 2006, pending name check since.

[maniac]

I found out today my case is pending NC. I believe it has been pending for 6 months now.

[hopeful08]

We are June 15th, 2007 filers. We got our APs and EADs. There have been no more updates on mine or my spouse's 485 applications. But our son's 485 application had a LUD in September and again a couple of days ago. Does that by any chance mean that our son's NC is cleared and our's is stuck ?

[lazycis]

hi,
nc pending sept/2004

File a lawsuit against the USCIS.
http://en.wikibooks.org/wiki/FBI_name_check

[waiting_4_gc]

name check has been pending since dec. 2006. I just check it again today. It is still pending.

cliffmacnab---How and where did you check for this NC status?

Thanks

[sundewei]

:( The wait for Name Check is killing me

[ssnd03]

sue them... if it hurts so bad

:( The wait for Name Check is killing me

[cliffmacnab]

go infopass or call the uscis

[cliffmacnab]

I am planing to sue FBI although my case has been just pending for one year. I would like to know if there are any successful cases in Philadelphia region. Thanks.

[sundewei]

I heard that it needs to be at least 21 months to be able to win the law sue...and suing them might not work anymore when my pending time is qualified.

If someone else with similar names/same birthdays commited a crime, why do we need to suffer as a possibly "HIT"?

If I were to wait for 4 years for Name Check, I rather be the person commiting the crime so they can reject my I485 instantly.

-Frank
:cool::cool::cool:

[eb3_nepa]

How long do we July 2nd Filers have to wait before we can call ourselves "victims"?

I know some people have been waiting for years together hence my question.

[mallu]

I heard that it needs to be at least 21 months to be able to win the law sue...and suing them might not work anymore when my pending time is qualified.

If someone else with similar names/same birthdays commited a crime, why do we need to suffer as a possibly "HIT"?

If I were to wait for 4 years for Name Check, I rather be the person commiting the crime so they can reject my I485 instantly.

-Frank
:cool::cool::cool:

They will allow the applicants for N number of years ( it is not as a favor to the applicant but as favor to the US businesses that employ them ) to work and roam around and won't give the benefit in the name of namecheck clearance. The term blockheads were invented for these.

[enigma]

PD Nov, 2003. NC or Security check is pending.

[lazycis]

I am planing to sue FBI although my case has been just pending for one year. I would like to know if there are any successful cases in Philadelphia region. Thanks.

There are a lot of successful cases in Eastern PA district. Cao v. Upchurch; Song v. Klapakis come to mind.

[lazycis]

Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf

[cliffmacnab]

Thanks a lot!

Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf

[mallu]

Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.

[cliffmacnab]

that file is good. I just download it.

.

[dankusam]

Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.

[mallu]

Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.
They can do whatever they want under the cover of national security, even arrest you and keep in detention without bail, right ?

[bestia]

Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.

Oh, come on. I think situation is much more simple than that. I wonder if FBI really got ONE bad guy among H1b poor souls. FBI perfectly knows that it's just stupid to suspect a person who lived on same place for years, personally went to fingerprinting, submitted all kinda information about himself and humbly waiting for GC in being some "threat".

Because of that FBI considers us "low priority", simply - they don't care about us. But the law requires them to check us, so those who got "no match" automatically pass without any human intervention. But those who by some reason "matched" are awaiting for some FBI dude to push couple of buttons on his computer. But since FBI dude will be first considering more important things to do, those couple of "button presses" might take couple of years.

This is how I see it. If that's true, then ironically if some of H1bs would be involved in drug trafficking, prostitution or would really posses any threat - namechecks would be going really quick.

[admesystems]

I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)

I have a few questions;

1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?

2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?

3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?

I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.

Please someone help...
thanks for your time.

[lazycis]

I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)

I have a few questions;

1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?

2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?

3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?

I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.

Please someone help...
thanks for your time.

1. May.

2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.

3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.

It was a good decision not to leave the country. How many days were you out of status?

[admesystems]

Thank you Lazycis...
I was out of status for more than a year when I got married

[lazycis]

Thank you Lazycis...
I was out of status for more than a year when I got married

You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.

[admesystems]

I am in U.S. and I applied here.
do I still need that I-601?

[lazycis]

I am in U.S. and I applied here.
do I still need that I-601?

More likely you will need it if you leave the country.

[admesystems]

On USCIS website I-130 is also pending along with I-485.
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?

[lazycis]

On USCIS website I-130 is also pending along with I-485.
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?

I-130 has to be approved first.

[trevor]

filed a WoM (writ of Mandamus) in New York..what a joke..FBI Name check delay for 5 years !!!!

Time to wake up FBI/USCIS

[richshi]

NY Eastern district? Do it yourself or use a lawyer?

I am contemplating the same thing.

filed a WoM (writ of Mandamus) in New York..what a joke..FBI Name check delay for 5 years !!!!

Time to wake up FBI/USCIS

[matreen]

Team,

Just today I received a email from TX CIS.....saying......

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

PD: 01/29/07
485 Filling: 07/12/07
Receipt Date: 08/17/07

Got EAD, AP approved. Just last week I did my finger prints.....


I don't where I am and what would happend to my case....I am planning to change my job using AC21...is that going to impact anything to my processing????

What do you thing about the time frame for my case based on my PD????

Guru's please advice....as I am planning to chnage my job in March or April/08.....

Thanks,

M

[dcrtrv27]

Matreen
Did you enquired about Namecheck via email?
Why you got the email form USCIS mentioning all about pending namecheck?
I am also stuck in Name Check.
Please let me know how you can get status by email on namecheck.