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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #16 (permalink)  
Old 02-14-2008, 10:03 AM
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Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Quote:
Originally Posted by lazycis View Post
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCISís name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
Good find.
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  #17 (permalink)  
Old 04-02-2008, 06:44 PM
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Priority Date
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Feb-02
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EB3
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:
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:
N/A
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Join Date: Aug 2007
Posts: 730
lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default No more NC delays?

The USCIS/FBI are going to eliminate name check backlogs by June 2009.
Hard to believe. I have a feeling it'll be another broken promise...
http://www.immigrationportal.com/sho...ostcount=16272
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