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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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  #136 (permalink)  
Old 10-22-2007, 01:46 PM
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loudobbs will become famous soon enough loudobbs will become famous soon enough
Default Is the Name check delay FBI's fault or USCIS?

Which organization is the cause of the namecheck delay....
FBI or USCIS?
If I am not wrong, USCIS sends the data to be checked on a weekly basis to FBI on a Electronic disk or tape. More than 90 % of the cases are returned, I assume on a disk or tape back to USCIS. So only a small fraction should be stuck in name check...

Could it be that USCIS is not updating the files in a timely manner with the namecheck information?

Also looking at data, a whole bunch of people got their namwecheck claered in a couple of months...


Any thoughts???
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  #137 (permalink)  
Old 10-22-2007, 02:13 PM
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Default Name check mess was created by the mutual efforts of the FBI and the USCIS

While FBI is the bottleneck because they are responsible for processing name checks, the USCIS shares full responsibility because
1) NC completion is not required by law to adjudicate AOS
2) NC requests from the USCIS do not have a processing timeframe, so why FBI should care if those requests are lingering forever?
3) the USCIS is aware of the problem, but did nothing to fix it, trying to hide it by creative reporting instead.
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  #138 (permalink)  
Old 10-22-2007, 03:19 PM
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Default

Quote:
Originally Posted by pappu View Post
http://immigrationvoice.org/index.ph...d=81&Itemid=61

Update and reference material on namechecks
Nice job summarizing what we know.
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  #139 (permalink)  
Old 10-25-2007, 12:08 PM
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nishant81 is on a distinguished road
Default Stuck in Name check

It says IV met some senior officials in mid october and anticipating some good news in next 6 weeks, does anyone have any more info regarding that such as what dept those officials are from like USCIS, FBI or lawmakers?
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  #140 (permalink)  
Old 11-06-2007, 04:31 PM
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Default NC worry

I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.

Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
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  #141 (permalink)  
Old 11-06-2007, 05:02 PM
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nishant81 is on a distinguished road
Default You're probably stucked

If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.
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  #142 (permalink)  
Old 11-06-2007, 05:16 PM
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Default Anybody aware of this CBP name check?

Quote:
Originally Posted by pappu View Post
Have not heard anybody being stuck there. Appreciate any comments there. Thanks.
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  #143 (permalink)  
Old 11-06-2007, 05:28 PM
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Default

Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI’s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang’s background check is not
unreasonable.
There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang’s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (“[i]t is
not the place of the judicial branch to weigh a plaintiff’s clear
right to administrative action against the agency’s burdens in
complying.”).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications
, Congress has by
statute expressed its view of what a reasonable amount of time is:
“It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.” 8 U.S.C. § 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs’ applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang’s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.

While this would
be unfortunate, Defendants’ failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs’ motion.
While Defendants worry that
granting Plaintiffs relief may reward “the more litigious
applicants” or encourage other applicants to file lawsuits,
“perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants’
need to resort to the courts for redress.
” Dong, 2007 WL 2601107
at *12.
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  #144 (permalink)  
Old 11-06-2007, 05:40 PM
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Angry

Wow.. Applicants are waiting since 2002 and Govt Agency know it but don't do anything. Shame on you FBI NNCP

Quote:
Originally Posted by pappu View Post
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI’s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang’s background check is not
unreasonable.
There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang’s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (“[i]t is
not the place of the judicial branch to weigh a plaintiff’s clear
right to administrative action against the agency’s burdens in
complying.”).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications
, Congress has by
statute expressed its view of what a reasonable amount of time is:
“It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.” 8 U.S.C. § 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs’ applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang’s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.

While this would
be unfortunate, Defendants’ failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs’ motion.
While Defendants worry that
granting Plaintiffs relief may reward “the more litigious
applicants” or encourage other applicants to file lawsuits,
“perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants’
need to resort to the courts for redress.
” Dong, 2007 WL 2601107
at *12.
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  #145 (permalink)  
Old 11-06-2007, 06:27 PM
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nishant81 is on a distinguished road
Default I dont what USCIS is thinking

Knowing the fact that so many applicants have been waiting for YEARSSSS and USCIS not doing anything about makes me sick just thinking about it. How can agency be so ignorant and continue to make thousands of people live in dark black hole for years? Has anyone heard about the new plans or action taken by either agency to reduce the backlog. According to what ombudsman said on july 20 2007 teleconference USCIS will dramatically reduce the backlog for people waiting 33 months or longer in immediate future, apparently it has been 4 months and nothing seems to have been moved yet.
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  #146 (permalink)  
Old 11-06-2007, 06:56 PM
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Default

My PD: July 2001. I am already waiting 6+ years from start the process(Auto remanded LCA & BEC) and if i have to wait 3+ years for NC then I will cross 10 year mark in process. What a terrible process.
Quote:
Originally Posted by nishant81 View Post
Knowing the fact that so many applicants have been waiting for YEARSSSS and USCIS not doing anything about makes me sick just thinking about it. How can agency be so ignorant and continue to make thousands of people live in dark black hole for years? Has anyone heard about the new plans or action taken by either agency to reduce the backlog. According to what ombudsman said on july 20 2007 teleconference USCIS will dramatically reduce the backlog for people waiting 33 months or longer in immediate future, apparently it has been 4 months and nothing seems to have been moved yet.
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  #147 (permalink)  
Old 11-06-2007, 09:15 PM
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Default butter-flies

Quote:
Originally Posted by nishant81 View Post
If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.
Nishant81
Thanks for your input. I wish it happen sooner than late.
After filing I-485 one single thing which gives butter-flies is NC. Just a Look at your and CAdude posting shows how terrible is NC and how difficult it is for those unlucky ones to bear this uncertainty. God bless all !!!
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  #148 (permalink)  
Old 11-06-2007, 11:00 PM
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Default That is correct

Quote:
Originally Posted by sheela View Post
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.

Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Ladies ( usually derivatives ) gets cleared fast and male lions will be "stuck for years"
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  #149 (permalink)  
Old 11-06-2007, 11:14 PM
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Default

Quick question -

What about people with DUI etc? Do they stuck in Name Check Process? I take it the process is different them and they have to go through clerance for Finger Prints.
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  #150 (permalink)  
Old 11-07-2007, 12:06 AM
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Default

how do i check if my name is stuck in fbi namecheck or cleared? Just callin USCIS will provide the info or is there anythin to be done.

I had applied for 485 on July 2 nd.
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