FBI name check? What can we do while we are waiting?

[cr52401]

Hi Guys,
It might be stupid question but while most of us are waiting for visa number with approved 140, can we request FBI name check for ourselves? I heard that 90% will be clear just in weeks but I know people after 485 and waiting for 3 to 5 years now to get their name checked.
What are your thoughts?

I really appreciate any help.

Thank you.
:o :)

[fromnaija]

Hi Guys,
It might be stupid question but while most of us are waiting for visa number with approved 140, can we request FBI name check for ourselves? I heard that 90% will be clear just in weeks but I know people after 485 and waiting for 3 to 5 years now to get their name checked.
What are your thoughts?

I really appreciate any help.

Thank you.
:o :)

That may not be an available short cut as the FBI name check after I485 filing is at the instance of USCIS.

[485Mbe4001]

is there a name check FAQ anywhere.
I want to know if there is a way to find out if a name check is cleared. How do you know if you are stuck in a name check.
Is the name check done after or before fingerprinting or they are unrelated.
thanks...

[andy garcia]

Q is there a name check FAQ anywhere.
A This is the FBI name check FAQ: http://www.fbi.gov/page2/nationalnamecheck.htm

Q I want to know if there is a way to find out if a name check is cleared. How do you know if you are stuck in a name check.
A You can call CIS, only if your case is past their processing time

Q Is the name check done after or before fingerprinting or they are unrelated.
A Name check is initiated 1-2 weeks after submitting I485

thanks...

andy

[nb_des]

Is it possible to get name check done before filing 485? What is the process?

[485Mbe4001]

Thanks Andy, appreciate the reply

[Jimi_Hendrix]

Is it possible to get name check done before filing 485? What is the process?
USCIS will request an FBI namecheck only once I140 is approved and I485 is filed.

[GCard_Dream]

So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.

[andy garcia]

So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.

Of course. This is the only way that they can keep you grom getting your GC. Nobody is liable for the delay. Everything is done for the sake of security.:mad:

[Jimi_Hendrix]

So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.

Bingo! FBI name check is different from a police criminal check. The precise details of what FBI checks entails is unknown. They do check your background in various databases and it is also rumored that in some cases they check your background with authorities in your home country. But it is certain that FBI name checks take a lot of time if your name scores a hit in FBI's datbase of names. This is because of the volume of cases and low priority assigned to them in an FBI agent's set of priorities.

[mallu]

Hi,

If there wasn't any name hit and extended security check ( 90% cases
like that ? ) , what is the average turn-around time for name check clearance ? 2 months when done through USCIS ?

[like_watching_paint_dry]

This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.

[nb_des]

It is a very good suggestion. But frankly I have'nt seen any results so far from our letters or faxes.
This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.

[cr52401]

It is a very good suggestion. But frankly I have'nt seen any results so far from our letters or faxes.

Guys, Let get together and do someting. It should be a way to do that. We just need to get help from other experienced peopla form IV and see what we can do.
Any core memeber have a idea?
:rolleyes: :rolleyes:

[aj_jadeja]

Guys, Let get together and do someting. It should be a way to do that. We just need to get help from other experienced peopla form IV and see what we can do.
Any core memeber have a idea?
:rolleyes: :rolleyes:

i m not CORE member.

i know one yahoogrpup 'namechecktracker' . Main person of that grp is tryng to gather financial support for lobbying this effort. they have already done lots of work. U might want to join that and see .

Aj

[vicks_don]

Not sure if it is practical...but is it possible to request a namecheck by ourself by payings fees or something while we wait for filing 485 and then file file name check clearance certificate with 485.

[Jimi_Hendrix]

First of all, I am a former name check victim and waited for 1.5 years for it to complete. So I hope that gives me enough credence. FBI name check is a situation where the application is beyond USCIS, it is in the hands of FBI and USCIS denies all responsibility of control over how soon the application will get processed. Now if you think that ok, USCIS is not responding, but somebody has to take responsibility? Right? Well so you then contact FBI. FBI is currently refusing to do give an update on the phone for your name check status. They want you to e-mail them. They receive thousands of e-mails. They respond to some and lose some. So this method isn't safe either.

Well what are your options? You have only one option that currently works. Contact your senator's office and ask them for an update on your case status. Hopefully frequent status checks will put shame on FBI and they will get to your case someday sooner than they would otherwise. Unfortunately this issue is connected to national security and even the senator's office can do very little other than make inquiries and efficiently relay your status in reasonable time (4-6 weeks) instead of FBI's turnaround time (6 months). So do not bug your senator to speed up your FBI check. They simply cannot do much in this matter.

Another unfortunate thing is that currently most immigration reform topics are more loaded with retrogression and other pressing needs. The only thing you can legally do is to wait for 2 years and if (after all the pestering that you do through the Senator's office) your name check is still not complete you will have to file a writ mandamus through your lawyer. The writ mandamus has a high success rate and you will be able to get your name check cleared in most cases.

Good luck!

[GCard_Dream]

Thanks for the good explanation. I am sure lot of us will find this very helpful. By the way, what is the "writ mandamus" and why do you have to file that after 2 years? Could you not file that after waiting 1 year or some other time frame for that matter?

The only thing you can legally do is to wait for 2 years and if (after all the pestering that you do through the Senator's office) your name check is still not complete you will have to file a writ mandamus through your lawyer. The writ mandamus has a high success rate and you will be able to get your name check cleared in most cases.

Good luck!

[Jimi_Hendrix]

Well the chances of success are quite high at the 2 year point. There is an unspoken rule that you have overshot the 'reasonable' time for completion of your name check, if it is not complete at 2 years. I cannot cite any law about this but that is the way it works.

[GCSOON-Ihope]

I already filed I-485 (concurrent 140-485 in 08/2004 and 140 approved in 05/2005) and my priority date (01/2002, EB3 ROW) is now current.
I should be absolutely excited, right?
Well, after inquiring about the status of my case, I just got the answer:
"Your case will be adjudicated when FBI clears your name check.."
I thought name check was sent to FBI when 485 was filed?
Does it mean it's been two years and the check is not done yet?
Or, please, tell me that USCIS just sent the request now and not before because of the retrogression...
I am from France and my first/last name combination is really not common, so I don't think my name could be confused with anybody else's, hence the check should be quite fast and easy!
So far, I haven't been able to find out when the name check was initiated.
Have you guys any idea of what's going on and what I should do?
I just found out that FBI does not reply anymore to requests regarding name check status (they stopped doing it about 1 1/2 year ago) which is absolutely unbelievable! Only USCIS can ask them...which really is comforting, you can count on them, right!

This is really excruciating...I am so close and yet, it always seems that something is coming up to ruin the day...

[pmpforgc]

Hi

I know there may be some old posts but want recent up dates

Currently How we can check that FBI name check for our I-485 has been cleared? Can any body list phone nos with prompts?

Does they respond currently or not? I see some post which say now FBI dont tell about status of Name check by phone, email or by any means. YOu have to approach USCIS only.

If we have to approach USCIS only which is the phone no at which we can ask about status of FBI name check for our I-485?

After my finger printing I have two LUDs on my I-485, one just next day after finger printing and one about week after finger printing. Does this in any way suggest that my FBI name check was cleared?

thanks

[gondalguru]

Any more updates or tricks to check the FBI name clearance status??

[GotGC??]

First of all, I am a former name check victim and waited for 1.5 years for it to complete. So I hope that gives me enough credence...

Good luck!

From your experience, would you know if the name check is initiated sometime after the I-485 is filed only after the Fingerprinting in completed?

Secondly, is a approved I-140 a pre-requisite for the initiation of the namecheck? That is, if a I-140 is pending and the 485 is inter-filed, will they still initiate the namecheck or will wait until the 140 is approved?

Your answers will greatly help me decide whether to wait out the 140 approval, or to expedite it thru premium processing. Thanks!

[Googler]

Learn more about the process from the links in this thread
http://immigrationvoice.org/forum/showpost.php?p=131271&postcount=1

For practical instructions see the last link -- to Toxsci's superb FAQ.

If you are further along, see this for more basics and instructions on how to file a mandamus suit
http://en.wikibooks.org/wiki/FBI_name_check

For more detailed discussions on filing mandamus suits see this thread (it is in Citizenship forum, but there are a lot of people discussing AOS mandamus suits in this thread.)
http://boards.immigrationportal.com/showthread.php?t=194681

[brb2]

Name check is ordered typically when the NOA for 485 is issued. FBI Name check is not connected to FP process. You can find out if the FBI namecheck is cleared or not by doing an Infopass. The phone line can also tell when the FBI name check was ordered.

From your experience, would you know if the name check is initiated sometime after the I-485 is filed only after the Fingerprinting in completed?

Secondly, is a approved I-140 a pre-requisite for the initiation of the namecheck? That is, if a I-140 is pending and the 485 is inter-filed, will they still initiate the namecheck or will wait until the 140 is approved?

Your answers will greatly help me decide whether to wait out the 140 approval, or to expedite it thru premium processing. Thanks!

[storm]

First of all, I am a former name check victim and waited for 1.5 years for it to complete. So I hope that gives me enough credence. FBI name check is a situation where the application is beyond USCIS, it is in the hands of FBI and USCIS denies all responsibility of control over how soon the application will get processed. Now if you think that ok, USCIS is not responding, but somebody has to take responsibility? Right? Well so you then contact FBI. FBI is currently refusing to do give an update on the phone for your name check status. They want you to e-mail them. They receive thousands of e-mails. They respond to some and lose some. So this method isn't safe either.

Well what are your options? You have only one option that currently works. Contact your senator's office and ask them for an update on your case status. Hopefully frequent status checks will put shame on FBI and they will get to your case someday sooner than they would otherwise. Unfortunately this issue is connected to national security and even the senator's office can do very little other than make inquiries and efficiently relay your status in reasonable time (4-6 weeks) instead of FBI's turnaround time (6 months). So do not bug your senator to speed up your FBI check. They simply cannot do much in this matter.

Another unfortunate thing is that currently most immigration reform topics are more loaded with retrogression and other pressing needs. The only thing you can legally do is to wait for 2 years and if (after all the pestering that you do through the Senator's office) your name check is still not complete you will have to file a writ mandamus through your lawyer. The writ mandamus has a high success rate and you will be able to get your name check cleared in most cases.

Good luck!

Hi Jimi Hendrix,

When your application got stuck in the name check, were you able to secure an employment authorization (EAD/I-765) during the course of being stuck? Or is it only the AOS (I-485) that gets delayed?

Eric Clapton

[mallu]

Hi Jimi Hendrix,

When your application got stuck in the name check, were you able to secure an employment authorization (EAD/I-765) during the course of being stuck? Or is it only the AOS (I-485) that gets delayed?

Eric Clapton.

[brb2]

Only benefits of green card and naturalization are held up for FBI name checks. In fact, the willy politicians who knew what a mess the FBI has made of the name check process (In 2006 name check backlogs grew by another 30% or so to 339,000!) they made sure the illegals were not required to have completed the name checks before the award of the "Z" visa, but would need it before their green card applications which were due after some 7 years!


Hi Jimi Hendrix,

When your application got stuck in the name check, were you able to secure an employment authorization (EAD/I-765) during the course of being stuck? Or is it only the AOS (I-485) that gets delayed?

Eric Clapton

[brb2]

Janakp, that would be a very simplistic assumption. Do you really think any lawyer is going to work for "free" just because some one will praise them? Are you willing to do anything for free just to get a praise from some one? If you are a plumber will you work for free just because some one will praise you? Lawyers will work for free "Pro bono" when there will be a huge payout like a class action case against a tobacco company - not against a government when no one pays there bills.


Qestion: FBI name check? What can we do while we are waiting?

Answer: Tell your lawyers and AILA to file lawsuits agsint USCIS and FBI for the delays. If they do that for this community, we will all praise them. If not then we will think that they all care for money and not for our issues. Lets see who wants the honors first....

[immigration_law]

Storm,

If you're stuck in Name Check you can still get AP and EAD while you're waiting.

[h1bmajdoor]

This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.

Welcome to the American dream.

Never sign anything here without consulting a lawyer. You _did_ sign the H1 application without researching the fine print, didn't you?

Better luck next time.

[somegchuh]

I just talked to an IO in NSC. He said that my application is waiting "backrgound Security checks". I am assuming that means name check. Other than that he said he has no info on my case.
My 485 was filed in Feb '07 and my PD is Sept '02. Am I officially stuck in namecheck now or do I still have some hope?

h1bMajdoor, read your blog. Awesome articles! Couldn't have described the H1B situation better.

JimiHendrix, From the various posts here it seems that namecheck gets initiated as soon as 485 is filed. Does that mean my namecheck has been pending for 6 months? *SIGH* Can you provide a dummies guide to working with the local senator to nudge the process along?

Thanks

[BharatPremi]

This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.


And we were screaming while standing in rationing queue in India.. What did we achieve after coming here... Switching queue 20000 miles away..:D

[flowershark]

Go here http://www.house.gov/writerep/ and find your congressman. Call, write or email his/her office. These are usually very friendly and helpful people who will do everything they can do help you. Unfortunately, all they can do is check on the status of your namecheck, which will come back pending.

Another way to find out about your namecheck is to schedule an INFOPASS appointment - its free and they should be able to tell you right away when your namecheck was initiated. They cannot however, even guess when you will be done. I've been waiting for a year now - I hope you guys fare better.

Good luck
-v

[whatsupwithgc]

Yahoo group is doing a flower campaign on September 17th.

Name Check victims are sending flower to:
David M Hardy, Acting Assistant Director, chief of Record/Information
Dissemination Section, Records Management.

Address:
FBI Headquarters in Washington, D.C.
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

Message with the flowers:
“Please accept these flowers as kind reminder that there are people
behind names, people who desperately wait years for name check to be
resolved”
OR put your own message

PLEASE JOIN IN THE FLOWER CAMPAING

[4life07]

Hi,

I filled for my I-485 in 2003 and since then my case has been pending (Its been almost for hard long years of just waiting and seperated from my family). Every time I go to immigration I get the same response “The FBI has not cleared your name" What can I do, I am not able to afford a lawyer. My family has paid a hard price for my naturalization. My husband has not seen his child in over 4 years. I am so tired of waiting and feel that this treatment for lawful immigrant is so unfair and unforgivable. I really need some advice so please somebody HELP!!!!!

[work4pd]

You can take an info pass appointment (http://infopass.uscis.gov/index.php) and talk to an immigration officer.

They usually tell you when the application was sent to FBI. Just a suggestion in case you want to know how long it has been pending.


I already filed I-485 (concurrent 140-485 in 08/2004 and 140 approved in 05/2005) and my priority date (01/2002, EB3 ROW) is now current.
I should be absolutely excited, right?
Well, after inquiring about the status of my case, I just got the answer:
"Your case will be adjudicated when FBI clears your name check.."
I thought name check was sent to FBI when 485 was filed?
Does it mean it's been two years and the check is not done yet?
Or, please, tell me that USCIS just sent the request now and not before because of the retrogression...
I am from France and my first/last name combination is really not common, so I don't think my name could be confused with anybody else's, hence the check should be quite fast and easy!
So far, I haven't been able to find out when the name check was initiated.
Have you guys any idea of what's going on and what I should do?
I just found out that FBI does not reply anymore to requests regarding name check status (they stopped doing it about 1 1/2 year ago) which is absolutely unbelievable! Only USCIS can ask them...which really is comforting, you can count on them, right!

This is really excruciating...I am so close and yet, it always seems that something is coming up to ruin the day...

[somegchuh]

Thanks for the link to infopass. I tried going thru their systems and it seems you need to have a SR pending for 45 days? Is that right?
On a different note, does it really help to go for infopass? Or is it what the name implies just info being passed on :D

Ok, it appears that I am officially in Namecheck process. I talked to an IO today and she said that your case is in Namecheck and that's all she can tell me. And then she said this can take between months and years ...

[DallasBlue]

Do you think you would get any media attention when every one is covering the rally ? and the lobby day ?

This issue is already part of the IV issues statement.

Work with IV to get more attention and reuse the wheel, rather than wasting your efforts in reinventing the wheel.

Attend the rally , contribute and make your voice herd collectively.

Yahoo group is doing a flower campaign on September 17th.

Name Check victims are sending flower to:
David M Hardy, Acting Assistant Director, chief of Record/Information
Dissemination Section, Records Management.

Address:
FBI Headquarters in Washington, D.C.
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

Message with the flowers:
“Please accept these flowers as kind reminder that there are people
behind names, people who desperately wait years for name check to be
resolved”
OR put your own message

PLEASE JOIN IN THE FLOWER CAMPAING

[lazycis]

Hi,

I filled for my I-485 in 2003 and since then my case has been pending (Its been almost for hard long years of just waiting and seperated from my family). Every time I go to immigration I get the same response “The FBI has not cleared your name" What can I do, I am not able to afford a lawyer. My family has paid a hard price for my naturalization. My husband has not seen his child in over 4 years. I am so tired of waiting and feel that this treatment for lawful immigrant is so unfair and unforgivable. I really need some advice so please somebody HELP!!!!!

Sue the USCIS and help yourself:

http://en.wikibooks.org/wiki/FBI_name_check

http://boards.immigrationportal.com/showthread.php?p=1781629

http://boards.immigration.com/attachment.php?attachmentid=16571&d=1182786004

[gc_bulgaria]

I had my FP done yesterday - after how long should I call USCIS or get INFOPASS for name check status? Is two week enough time if there are no problems?

[Michael chertoff]

How to find out that i am on namecheck

[mrajatish]

Someone posted a couple of numbers to call to find out status of FBA namecheck - can that person post those #'s again?

[dudu]

Many of us were got stuck in name check, how many year it will take,
no one know right now.

but the issue will not resolved, since no one care except us. CIS said it was FBI's problem and everyone has to EAD,AP renewal every year(over $1000/person). Lawyer also get fat fee on this too.FBI don't care these issues at all, it also good excuse to get bigger budget.

Here is we may can do: Ask CIS issue temporary green card which will be renewal yearly(cost will be the same as AP+EAD) if name checking was pending 6 months or 1 years.

Temporary green card was the same as permanent green card except one year renewal. so we will get green card and INS still get their money.

[rajmalhotra]

Hello,

In Year 2000 I was arrested and fingerprinted for shoplifiting charges(It will not affect my I-485 process--Misdemeanor). I requested FBI records myself and they do have my record.

Do you think this should slow down my name check even more?

[whatsupwithgc]

Hi All,

Let us write to our reps to support this bill.

Bill Details:
http://www.congress.org/congressorg/issues/bills/?billtype=H.R.&billnumb=3828&congress=110

Write Your Representative
http://www.house.gov/writerep/

Sample letter:
Dear Sir,
I am writing to you to request your support for the bill on "Reducing backlog in processing requests made by U.S. Citizenship and Immigration Services to the National Name Check Program of the Federal Bureau of Investigation. Bill # H.R.3828" which is sponsored by Mr. Yvette Clarke (D-NY 11th). If passed, the bill would help improve national security and legal immigration process.

Details of the bill are available at:
http://www.congress.org/congressorg/issues/bills/?billtype=H.R.&billnumb=3828&congress=110

Thanks,
Regards,

your name

End of sample letter

[sss9i]

Who can I contact if I have further questions about the name check process?
Should you have any questions, please contact the Identification and Investigative Services Section Name Check Unit at (304) 625-9450 between the hours of
6:00 am and 4:00 pm Eastern Standard Time Monday thru Friday.

[pappu]

http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61

Update and reference material on namechecks

[satish_hello]

I have my details given below, I Went for InfoPass last week,The officer told my spouse cleared the Name Check , mine is pending.

I filed I-485 on July'5th'2007.

Name Check was intiated on Sept'17'2007. Since i am july Filler, i might wait for another 1 more months , so that it will be 2 months to worry about name check stuck or not. I didn't get my FP notice yet.

Guru's what do you think, Shall i have to concerned. One of the person (mallu) told in this forum ,if USCIS does name check can be cleared with in 2 months.(Does name check can be cleared in 2-6 months time for 80% people?)

My wife seems to be cleared in 2 weeks time.

-----------------------------------------------------
I got my EAD for both of us, and AP Approved.

EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
FP -?
---------------------------------
Contributed $100 for Rally.

[immigration_law]

The USCIS will not request the FBI Name Check until I-485 submitted. You can not request Name Check by yourself.

[Immigration4all]

The USCIS will request the FBI Name Check when I-485 submitted. You can not request the FBI Name Check by yourself.

[sbabunle]

A friend of me told me that if you apply for Canadian Immi they will submit your name for namne check in the US. But i think in order to apply u need to spend $1000 or more am not sure

[delax]

I have my details given below, I Went for InfoPass last week,The officer told my spouse cleared the Name Check , mine is pending.

I filed I-485 on July'5th'2007.

Name Check was intiated on Sept'17'2007. Since i am july Filler, i might wait for another 1 more months , so that it will be 2 months to worry about name check stuck or not. I didn't get my FP notice yet.

Guru's what do you think, Shall i have to concerned. One of the person (mallu) told in this forum ,if USCIS does name check can be cleared with in 2 months.(Does name check can be cleared in 2-6 months time for 80% people?)

My wife seems to be cleared in 2 weeks time.

-----------------------------------------------------
I got my EAD for both of us, and AP Approved.

EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
FP -?
---------------------------------
Contributed $100 for Rally.


I called yesterday and got the same information. My wife cleared her name check, but mine is pending. It was initiated for both of us on Sept 26. We also applied for my seven year old - but she does not qualify for the FBI name check. I am not worried at all although it would not be true if I said that I was never worried.

This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked a forum was meant to do just that.

Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.

Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.

All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.

Just my 2 cents - Good luck with your green card process.

[somegchuh]

For whatever its worth, I have contated the congressman, senator and also sent a letter to the first lady about my pending namecheck. The senator replied that they can't do anything until it has been pending for a year. However, the congressman has initiated a query to the FBI. Should I have any illusions of congressional inquiry making my case go faster?

Although it doesn't matter anymore because the dates for EB2 are not going to be current for another 9 months. I am only hoping that my NC is clear and I am ready for approval when my Sep '02 PD becomes current again... God, I am so tired of this whole thing.... I just seem to have continuous bad luck ... PBEC for years and then lazy lawyers and name check and now retrogression .... this is just simply sapping all my energy.....

[lazycis]

For whatever its worth, I have contated the congressman, senator and also sent a letter to the first lady about my pending namecheck. The senator replied that they can't do anything until it has been pending for a year. However, the congressman has initiated a query to the FBI. Should I have any illusions of congressional inquiry making my case go faster?

Although it doesn't matter anymore because the dates for EB2 are not going to be current for another 9 months. I am only hoping that my NC is clear and I am ready for approval when my Sep '02 PD becomes current again... God, I am so tired of this whole thing.... I just seem to have continuous bad luck ... PBEC for years and then lazy lawyers and name check and now retrogression .... this is just simply sapping all my energy.....

I know that feeling... While you are waiting, write a letter to the President. Congressman usually cannot provide any relief, while the White House sends an official inquiry to the DOJ. The FBI has to respond to that inquiry. In the meantime, try to forget about it and enjoy your life. If your PD becomes current, file a lawsuit (Wom).

[somegchuh]

lazycis,

Thanks for the response. I think I will continue to ping congressmen and white house until my dates become current. I am hoping that if FBI has to pull out my file from the bottom it might prompt them to act on it. If my date becomes current in Oct 08 and NC is still pending, I will file a WOM.

I know that feeling... While you are waiting, write a letter to the President. Congressman usually cannot provide any relief, while the White House sends an official inquiry to the DOJ. The FBI has to respond to that inquiry. In the meantime, try to forget about it and enjoy your life. If your PD becomes current, file a lawsuit (Wom).

[sgupta33]

For whatever its worth, I have contated the congressman, senator and also sent a letter to the first lady about my pending namecheck. The senator replied that they can't do anything until it has been pending for a year. However, the congressman has initiated a query to the FBI. Should I have any illusions of congressional inquiry making my case go faster?

Although it doesn't matter anymore because the dates for EB2 are not going to be current for another 9 months. I am only hoping that my NC is clear and I am ready for approval when my Sep '02 PD becomes current again... God, I am so tired of this whole thing.... I just seem to have continuous bad luck ... PBEC for years and then lazy lawyers and name check and now retrogression .... this is just simply sapping all my energy.....

Please channel your disappointment and frustration into participating in the IV letter campaign. Help IV help You! We are a community with similar problems who can work together for a solution. I too and stuck in NC.

[lazycis]

lazycis,

Thanks for the response. I think I will continue to ping congressmen and white house until my dates become current. I am hoping that if FBI has to pull out my file from the bottom it might prompt them to act on it. If my date becomes current in Oct 08 and NC is still pending, I will file a WOM.

Prepare a lawsuit and be ready to file. I think in your case you can do it even if your PD is not current.
http://boards.immigrationportal.com/showpost.php?p=1846709&postcount=15117

http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

[sivakumar]

I filed my I-485 on 23rd June 2007. My FP was completed on 08/14/2007, I received my EAD on 09/24/2007, and FP on 10/09/2007.

after a RFE my I-140 was finally approved on 10/25/2007
with the following wording
"On October 25, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER...."

Now here is the question my USCIS prortfolio shows last updated date for I140 changed to 12/22/2007 .Earlier it was 10/25/2007. Nothing has changed inside though. I still see same wording
"On October 25, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER...."

12/22/2007 I140 IMMIGRANT PETITION FOR ALIEN WORKER
08/15/2007 I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
09/24/2007 I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION
10/09/2007 I131 APPLICATION FOR USCIS TRAVEL DOCUMENT

Does anyone know whats going on. Why the date change. Does it mean it wennt for FBI name check. Thanks in advance friends :)

[sivakumar]

I filed my I-485 on 23rd June 2007. My FP was completed on 08/14/2007, I received my EAD on 09/24/2007, and FP on 10/09/2007.

after a RFE my I-140 was finally approved on 10/25/2007
with the following wording
"On October 25, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER...."

Now here is the question my USCIS prortfolio shows last updated date for I140 changed to 12/22/2007 .Earlier it was 10/25/2007. Nothing has changed inside though. I still see same wording
"On October 25, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER...."

12/22/2007 I140 IMMIGRANT PETITION FOR ALIEN WORKER
08/15/2007 I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
09/24/2007 I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION
10/09/2007 I131 APPLICATION FOR USCIS TRAVEL DOCUMENT

Does anyone know whats going on. Why the date change. Does it mean it wennt for FBI name check. Thanks in advance friends :)
hi friends any comments?

[ramaonline]

Don't worry about the LUD on your I140 - Hundreds of I140 approved applicants including me saw this update about 2 weeks ago

Could be because USCIS is making some changes to their database

[trevor]

Hopefully by now you may have your case cleared..if not, am not surprised..I have also waited for almost 5 years untill now (jan 14th 2008), and decided to sue these "good for nothing" USCIS people..If taking too long, my advice is to search for a good lawyer and file a writ of mandamus (WoM)..They will act on it .
AM myself not a lawyer, but if you have nothing to worry about in terms of criminal files etc.go ahead and file a WoM

Good Luck





Hi Guys,
It might be stupid question but while most of us are waiting for visa number with approved 140, can we request FBI name check for ourselves? I heard that 90% will be clear just in weeks but I know people after 485 and waiting for 3 to 5 years now to get their name checked.
What are your thoughts?

I really appreciate any help.

Thank you.
:o :)

[ins123]

A question for Dudu on the temp. green card, i check uscis' site and only found the form 687 close enough, but eligbility requires being present in the US for many years. thank you.

Many of us were got stuck in name check, how many year it will take,
no one know right now.

but the issue will not resolved, since no one care except us. CIS said it was FBI's problem and everyone has to EAD,AP renewal every year(over $1000/person). Lawyer also get fat fee on this too.FBI don't care these issues at all, it also good excuse to get bigger budget.

Here is we may can do: Ask CIS issue temporary green card which will be renewal yearly(cost will be the same as AP+EAD) if name checking was pending 6 months or 1 years.

Temporary green card was the same as permanent green card except one year renewal. so we will get green card and INS still get their money.