Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > FBI namecheck delays and Writ of Mandamus
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #31 (permalink)  
Old 08-10-2007, 11:50 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2007
Posts: 302
HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute
Default

Quote:
Originally Posted by meekdesi View Post
These are stupid quotes that will only make the situation worse. The real solution is to make the fingerprinting independent of the green card process. There is no point in trying to push for a faster name check in the post 9-11 world, it will be shot down legitimately. We need to make sensible suggestions not demands.
You better read the OMBUDSMAN Report before coming with irrational thoughts!!
Bookmark and Share Compare Reply With Quote


  #32 (permalink)  
Old 08-10-2007, 01:17 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2007
Posts: 302
HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute
Default

Quote:
Originally Posted by meekdesi View Post
Shouting is a good option when you run out of anything logical to say.
You absolutely have nothing Logical!!
Bookmark and Share Compare Reply With Quote


  #33 (permalink)  
Old 08-11-2007, 01:35 PM
Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
09/30/2006
Chargeability
:
Peru
Processing Stage
:
I-485
I485 Mailed Date
:
06/14/2007
Compare
Join Date: Jul 2007
Posts: 94
karl65 has a spectacular aura about karl65 has a spectacular aura about karl65 has a spectacular aura about
Smile

Quote:
Originally Posted by Almond View Post
I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries.
Unfortunately it is true. I have read that this check is done especially for people whose country is consider in risk. For example I am from Peru. My country has drug traffic problems, so my name must be checked with the Peruvian police records too.

That’s life!!!!!!
__________________
Peru EB3 PD: Sep 2003
LC: 08/19/06
I-140: 09/29/06
I-140: approved: 06/01/07
I-485/I-131/I-765 sent: 06/14/07 (Nebraska)
RD: 06/15/07
ND: 07/12/07 (My lawyer)
FP(ND08/01/07):08/14/07
485: APPROVED 04/04/2008

Bookmark and Share Compare Reply With Quote


  #34 (permalink)  
Old 08-12-2007, 03:44 PM
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 381
DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future DallasBlue has a brilliant future
Default is this any light in dark tunnel?

http://www.ailf.org/lac/clearinghouse_mandamus.shtml


Plaintiffs' Arguments

Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."

1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.

Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. § 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).


The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").


2) USCIS has a nondiscretionary duty to process applications and petitions.

USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA § 242(a)(2)(B)(ii), 8 U.S.C. §1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, § 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA § 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."


3) There is no other remedy available to plaintiffs.

Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
Bookmark and Share Compare Reply With Quote


  #35 (permalink)  
Old 08-13-2007, 08:09 PM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 30
storm is on a distinguished road
Default Interesting......

http://www.dhs.gov/xlibrary/assets/C...ame_Checks.pdf
Bookmark and Share Compare Reply With Quote


  #36 (permalink)  
Old 08-17-2007, 12:09 AM
Junior Member
Priority Date
:
Nov-03
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/22/2007
Compare
Join Date: Jan 2006
Posts: 20
saibabu_d is on a distinguished road
Default When does Namecheck initiated?

Is FBI name check initiated right after applying for I-485 or after getting finger printing done?
Bookmark and Share Compare Reply With Quote


  #37 (permalink)  
Old 08-17-2007, 12:46 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB2
I140 Mailed Date
:
07/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2006
Compare
Join Date: Apr 2006
Posts: 281
mallu has a spectacular aura about mallu has a spectacular aura about mallu has a spectacular aura about
Default

Quote:
Originally Posted by storm View Post
Has anything happened so far by recommendation of USCIS Ombudsman ? The position looks like a 'toothless tiger' .
Bookmark and Share Compare Reply With Quote


  #38 (permalink)  
Old 08-19-2007, 04:11 PM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
Blog Entries: 6
pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Here is some information nixstor dug up.


http://www.fbi.gov/hq/cjisd/fprequest.htm

One can get FBI Identification Record for $18. However some more research needs to be done about what is covered here. Obviously, one cannot get sensitive data analysis here that is done by name checks.
Bookmark and Share Compare Reply With Quote


  #39 (permalink)  
Old 08-19-2007, 11:57 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 222
brb2 will become famous soon enough brb2 will become famous soon enough
Default

The link is related to the fingerprinting background check. Almost 100% of the time the automated system returns an FBI record (an existance or not of a "rap sheet"). Only in rare cases when the finger prints are not clear USCIS sends a new FP notice.

The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.

FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.

Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.

Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.

http://www.petitiononline.com/mod_pe...d.cgi?nc082505



Quote:
Originally Posted by pappu View Post
Here is some information nixstor dug up.


http://www.fbi.gov/hq/cjisd/fprequest.htm

One can get FBI Identification Record for $18. However some more research needs to be done about what is covered here. Obviously, one cannot get sensitive data analysis here that is done by name checks.
Bookmark and Share Compare Reply With Quote


  #40 (permalink)  
Old 09-07-2007, 01:32 PM
Senior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
07/20/2006
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Aug 2007
Posts: 122
Lisap is on a distinguished road
Default

Just curious.... When do they do the name check? Is it after the fingerprints are complete??
__________________
PD May 06
I 140 approved DEC 06 TSC
I485/ EAD received at NSC June 28th
Trs to TSC and received on July 2,07
RD July 2
ND Aug 20
EAD approved Aug 25th
EAD card arrived 8/30/07
FP appointment 9/14/ 07
Bookmark and Share Compare Reply With Quote


  #41 (permalink)  
Old 09-07-2007, 01:42 PM
Senior Member
Priority Date
:
Nov-02
Category
:
EB2
I140 Mailed Date
:
07/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2006
Compare
Join Date: Apr 2006
Posts: 281
mallu has a spectacular aura about mallu has a spectacular aura about mallu has a spectacular aura about
Default It just depends how popular your name is to get screwed by FBI

Collected from some other forum . Just google search your name combinations ( within quotes ).

For eg. if you have FirstName MiddleName LastName .

The search should be ( put within quotes )

"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"

and all the reverse combinations.

If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
Bookmark and Share Compare Reply With Quote


  #42 (permalink)  
Old 09-07-2007, 02:54 PM
Member
Priority Date
:
Sep-01
Category
:
EB3
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/19/2007
Compare
Join Date: Feb 2007
Posts: 74
gccube will become famous soon enough gccube will become famous soon enough
Default

Quote:
Originally Posted by Lisap View Post
Just curious.... When do they do the name check? Is it after the fingerprints are complete??
I just spoke to a USCIS rep who was very helpful. She took the A# of mine and my wife's and verified the status of FBI name check and FP check. My name check is pending with FBI and my wife's was cleared as per her. For both of us the FP check is cleared.

When I asked her when my name check was initiated I was told that it was on Aug 1st 2007. This is approximately 1 week after my 485 notice date. My FP was done on Aug 21st 2007.
__________________
PD - 2001 Aug
I-485 - RD - 2007 June 21st (Texas).
EAD - APPROVED - 2007 Aug 09
FP - 2007 Aug 21
AP - 2007 Aug 17
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared
I-485 -- APPROVED on 04/21/2008

No LUDS after the FP. Only one LUD on the day 485 is approved.
Bookmark and Share Compare Reply With Quote


  #43 (permalink)  
Old 09-07-2007, 03:11 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2007
Posts: 302
HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute
Default Questionable Namecheck Process

Quote:
Originally Posted by brb2 View Post
The link is related to the fingerprinting background check. Almost 100% of the time the automated system returns an FBI record (an existance or not of a "rap sheet"). Only in rare cases when the finger prints are not clear USCIS sends a new FP notice.

The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.

FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.

Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.

Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.

http://www.petitiononline.com/mod_pe...d.cgi?nc082505
USCIS is supposed to respond to USCIS OMBUDSMAN report on Sep 11. USCIS has not mentioned about the value it is deriving out of the NAMECHECK process!
I do not know why USCIS is wasting money and resources in the questionable "NAME CHECK" process while they already have the faster "FINGER PRINT" process!!
Bookmark and Share Compare Reply With Quote


  #44 (permalink)  
Old 09-11-2007, 05:24 PM
Senior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
07/20/2006
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Aug 2007
Posts: 122
Lisap is on a distinguished road
Default

How do you know when the process begins and how do you find out if your name clears or is stuck like so many others?
__________________
PD May 06
I 140 approved DEC 06 TSC
I485/ EAD received at NSC June 28th
Trs to TSC and received on July 2,07
RD July 2
ND Aug 20
EAD approved Aug 25th
EAD card arrived 8/30/07
FP appointment 9/14/ 07
Bookmark and Share Compare Reply With Quote


  #45 (permalink)  
Old 09-11-2007, 05:34 PM
Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2007
Posts: 42
summerof98 is an unknown quantity at this point
Default Call

Quote:
Originally Posted by Lisap View Post
How do you know when the process begins and how do you find out if your name clears or is stuck like so many others?
Call (in the morning) 1-800-375-5283 and follow this sequence: 1,2,2,6,1,1,1,3,4.

If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
is Namecheck still a bottleneck? funny FBI namecheck delays and Writ of Mandamus 14 08-15-2008 08:59 PM
Life After New Namecheck Process: Preadjudication of Retrogressed Cases?? Googler Retrogression, priority dates and Visa bulletins 8 02-08-2008 04:12 PM
Namecheck for non-immigrants too! sunny1000 FBI namecheck delays and Writ of Mandamus 11 01-02-2008 12:59 PM
Namecheck Status ??? gc_bulgaria FBI namecheck delays and Writ of Mandamus 1 10-18-2007 08:49 PM
FBI namecheck on CNN.com sam_i02 Non-Immigrant Visas 0 07-05-2007 06:10 PM



All times are GMT -4. The time now is 01:31 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org