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View Full Version : Name Check Stuck in NJ.


NameCheck01032003
03-01-2007, 08:27 AM
My name check is stuck since 01/2003. I have done everything possible, so far no good luck.

Recently I contacted CAIR-NJ. They are planning to file class action lawsuit for new jersey name stuck cases.

You can contact them. The more people they they say they can file early. Their website is http://cair-nj.org/ and contact number is 908-938-5990

GCwaitforever
03-01-2007, 04:43 PM
Very sorry to hear your story. Four years is a long wait. Keep us posted on the class action news.

logiclife
03-01-2007, 04:46 PM
My name check is stuck since 01/2003. I have done everything possible, so far no good luck.

Recently I contacted CAIR-NJ. They are planning to file class action lawsuit for new jersey name stuck cases.

You can contact them. The more people they they say they can file early. Their website is http://cair-nj.org/ and contact number is 908-938-5990

If your date is not current then namecheck is not going to go forward. Even with writ of Mandamus, you need your date to have been current for last 6-12 months before filing writ of Mandamus.

Also, USCIS is going to stop responding to the filing of writ of Mandamus and ignore court rulings. (I dont know how they can do that, I am not a lawyer).

So if you date is current and if you plan to file writ of mandamus to get your namecheck done, then do it fast before they stop responding to such court actions.

sbabunle
03-01-2007, 05:38 PM
No Agency cannot afford NOT to respond to a court order. Before a month, one of the conditions for expedite a case at USCIS was a writ of Mandamus. So if the I485 is pending because of name check and USCIS get a Writ of Mandamus on that they used to request FBI to expedite it. Now USCIS stopped that policy.

If they get a Write of Mandamus now, they would simply reply that
since Name Check is pending they cannot adjudicate by law. And they would just say that they cannot do anything about it since FBI is handling the name check. Then the petitioner have to lay some reasons against it. This will go back and forth for sometime. And finally the Federal Judge will make a final decision. IF the final decision is against the poor name check stuck guy, thats the end of it. He/She has to wait out. Where as if the judge orders the USCIS /FBI to take care of it, the petitioner wins. They have to obey it.

Before one could personally file WOM. Now it would be difficult since it takes a professional lawyer to answer many things. I have no idea how much are the chances.






If your date is not current then namecheck is not going to go forward. Even with writ of Mandamus, you need your date to have been current for last 6-12 months before filing writ of Mandamus.

Also, USCIS is going to stop responding to the filing of writ of Mandamus and ignore court rulings. (I dont know how they can do that, I am not a lawyer).

So if you date is current and if you plan to file writ of mandamus to get your namecheck done, then do it fast before they stop responding to such court actions.