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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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  #61 (permalink)  
Old 09-13-2007, 01:26 PM
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Keep us posted as to any changes
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  #62 (permalink)  
Old 09-13-2007, 02:09 PM
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Default

Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

Instead lobby for the following:-

1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

NC is the next bottle neck that we have to lobby for.



Quote:
Originally Posted by miaroh View Post
If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.

My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.
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  #63 (permalink)  
Old 09-13-2007, 02:33 PM
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Default Blackhole to 'The Pursuit of Happiness'

All those 320,000 and counting families who are struck in the namecheck-blackhole should join the rally for bringing a meaningful resolution to this 'Struck-in-NAMECHECK-ForEver'/blackhole issue.

When IV is giving you the platform to reach out and voice out your problems please come out, meet the lawmakers , attend the rally and help your families and your self.

There will not be another rally organized, so all of us will be left to ourself stagnating in these backlogs.

Please stepup, beleive yourself and make your voice herd loud and clear in 'The Pursuit of Happyness' AmericanDream.
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Last edited by DallasBlue; 09-13-2007 at 03:38 PM.
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  #64 (permalink)  
Old 09-13-2007, 04:00 PM
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Default Lack of Speed of FBI Namechecks damages national security

Caught in a Bureaucratic Black Hole
By Anna Gorman
The Los Angeles Times

Monday 10 September 2007

Applicants seeking US citizenship languish for years as the FBI conducts cumbersome records checks. Lawsuits are a result.
Seeking to become a U.S. citizen, Biljana Petrovic filed her application, completed her interview and passed her civics test.

More than three years later, she is still waiting to be naturalized - held up by an FBI name-check process that has been criticized as slow, inefficient and a danger to national security.

Petrovic, a stay-at-home mother in Los Altos, Calif., who has no criminal record, has sued the federal government to try to speed up the process. She said it's as if her application has slipped into a "black hole."

"It's complete frustration," said Petrovic, who is originally from the former Yugoslavia and is a naturalized Canadian citizen. "It's not like I am applying to enter the country. I have been here for 19 years."

Nearly 320,000 people were waiting for their name checks to be completed as of Aug. 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years.

Applicants for permanent residency or citizenship have lost jobs, missed out on student loans and in-state tuition, and been unable to vote or bring relatives into the country. The delays have prompted scores of lawsuits around the country.

Already this fiscal year, more than 4,100 suits have been filed against the citizenship and immigration agency, compared with 2,650 last year and about 680 in 2005. The mandamus suits ask federal judges to compel immigration officials to adjudicate the cases. The majority of the cases were prompted by delays in checking names, spokesman Chris Bentley said.

"There is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd," said Ranjana Natarajan, an ACLU staff attorney who filed a class-action lawsuit in Southern California last year on behalf of applicants waiting for their names to be checked. "People who have not been any sort of threat ... have been caught up in this dragnet."

In addition to the bureaucratic nightmare that the lengthy delays present, attorneys and government officials say there is a far more serious concern: They could be allowing potential terrorists to stay in the country.

Fallout From 9/11

The backlog began after 9/11, when Citizenship and Immigration Services officials reassessed their procedures and learned that the FBI checks were not as thorough as they had believed. So "out of an abundance of caution," the agency resubmitted 2.7 million names in 2002 to be checked further, Bentley said.

Rather than simply determining if the applicants were subjects of FBI investigations, the bureau checked to see if their names showed up in any FBI files, including being listed as witnesses or victims. About 90% of the names did not appear in the agency's records, FBI spokesman Bill Carter said.

But for the 10% who were listed, authorities carefully reviewed the files to look for any "derogatory" information, Carter said. Because many documents aren't electronic and are in the bureau's 265 offices nationwide, that process can take months, if not years.

"It is not a check of your name," said Chuck Roth, director of litigation for the National Immigrant Justice Center in Chicago, which also filed a class-action suit. "It is a file review of anywhere your name happens to appear. It has just created a giant bureaucratic mess."

Although many of those stuck in the backlog are from predominantly Muslim countries, there are also people from Russia, China, India and elsewhere. They include government employees and Iraq war veterans. Many have been in the U.S. legally for decades.

In one case decided in Washington, D.C., recently, a federal judge wrote that a Chinese man's four-year wait for permanent residency was unreasonable and ordered the government to decide on the application within three months. Petrovic, who has two U.S.-born teenagers, doesn't know what delayed her application. The only explanation she can think of is that her name is common in her native country.

She and her husband, Ihab Abu-Hakima, also a Canadian citizen, applied for citizenship in April 2003 and had their interviews in February 2004. Her husband was sworn in that summer, while her application continued to languish. She checked the mail daily.

When she still didn't hear anything, Petrovic contacted immigration officials, who told her that the FBI had her file and that it was still active. She also contacted her representative and her senator, whose offices asked Citizenship and Immigration Services to expedite the application. She filed a Freedom of Information Act request for her FBI file, which simply showed that she had never been arrested.

"I have a feeling that the system has broken down," she said.

Joining a Different Group

In August, Petrovic joined an American Civil Liberties Union lawsuit filed in Northern California against the federal government. She is waiting to become a U.S. citizen so she can sponsor her elderly parents, who live in Canada and visit often.

"Every time they leave, I feel bad," she said. "This is their life here, more than there."

The problem extends beyond the disruption of personal lives.

In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."

The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said.

Though 99% of the agency's name checks are completed within six months, Bentley said, the lengthy delays for some applicants is "unacceptable."

"That requires a lot of patience on the part of an applicant because they have to wait sometimes multiple years," he said.

Nevertheless, he said, no benefit will be approved until that name check comes back clear. Security checks have produced information about sex crimes, drug trafficking and individuals with known links to terrorism, according to the agency.

Carter, the FBI spokesman, said he understands that applicants waiting for answers are anxious, but he said the process is complicated and involves dozens of agencies and databases - and, in some cases, foreign governments.

"The FBI's No. 1 priority remains to protect the United States from terrorist attack," Carter said. "To that end, we must ensure the proper balance between security and efficiency."

In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said.

Mark Krikorian, executive director of the conservative Center for Immigration Studies, said the government needs to make sure that it carefully checks every application. And working with foreign governments is inevitably going to slow the process down, he said.

"We correctly have much more stringent standards for immigration," he said. "I am not really sure that there is any way to do this kind of deep background check efficiently."

But attorneys said that because of the inefficiency, the program isn't serving its purpose.

"Let's say this guy is a terrorist or a criminal," Los Angeles immigration attorney Carl Shusterman said. "Why wouldn't the FBI rush the case?"

Mervyn Sam, a South African native who got a green card in 1998, has been waiting more than four years for the FBI to complete his name check. Sam said his career has been affected by the delay. He lives in Anaheim and is a project manager at a software company but cannot work on certain government projects because he is not a U.S. citizen. He has sued the federal government.

"I am not sure what the hiccup is on my end," he said. "It is very, very frustrating."

Shusterman, whose office is representing Sam, said applicants waste their time by contacting the immigration services agency, the FBI or their legislators.

"There is only one thing that works, and that is suing them in federal court," he said.

--------

anna.gorman@latimes.com
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  #65 (permalink)  
Old 09-13-2007, 04:17 PM
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Quote:
Originally Posted by 485Mbe4001 View Post
Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

Instead lobby for the following:-

1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

NC is the next bottle neck that we have to lobby for.
Asking USCIS to expedite the NAME CHECK only after 2 years is UNACCEPTABLE!! NameChecks should have resolution within 3 months. Its a security issue.

It is the USCIS which initiates the NAMECHECK process and it also has expanded the scope of NAMECHECK increasing the backlog. So, we need to go after USCIS and should NOT PAY more in this INEFFICIENT process!
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  #66 (permalink)  
Old 09-14-2007, 11:25 PM
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Default May be they started extensive check on EADs as well ?

http://boards.immigration.com/showpo...postcount=6128
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  #67 (permalink)  
Old 09-15-2007, 12:19 AM
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Default Why name check is required???

Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
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  #68 (permalink)  
Old 09-15-2007, 02:09 AM
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Quote:
Originally Posted by hazishak View Post
Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
It is easier to obtain names than finger prints.
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  #69 (permalink)  
Old 09-15-2007, 08:54 AM
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Quote:
Originally Posted by hazishak View Post
Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
Not only that. but the law and regulations does not require name check for I-485! Only for naturalization. What the USCIS and FBI doing is illegal. Sue them, that's the only way they will understand that they are wrong.
The decision to check reference files for FBI name check was made in December 2002 because N-400 was approved for a Hamaz member. The person's name did not have a hit in main files, but did have a hit in reference files. That's why the USCIS requested FBI to check reference files for naturalization applicants. FBI however decided to check refernce files for ALL requests. By law, background criminal investigation is required only for naturalization and asylum!
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  #70 (permalink)  
Old 09-20-2007, 03:15 PM
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Default name check clearance

Quote:
Originally Posted by gccube View Post
but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.

This is my opinion, not an advise. Use it at your own risk.
How to find out if you name check has been done/cleared.
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  #71 (permalink)  
Old 09-23-2007, 06:33 PM
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Default N-400: Pending Name Check

I've also found more details about Name Check at immigrationportal.com:
Name check: http://boards.immigrationportal.com/...achmentid=8181

Name check addendum: http://boards.immigrationportal.com/...chmentid=10678

Name Check vs FOIPA: http://boards.immigrationportal.com/...chmentid=11373

1. Did anyone use the following phones to check the status of their Name Check case:

FBI Name Check Status (Main Line) (202) 324-3625
FBI NNCP Public Inquiry Voice Line (202) 324 2399
FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)

2. If someone used the FBI Name Check Inquiry Fax how long did it take for them to get back to you (if ever).

3. Has anyone requested their FOIPA and if so how long did that take to receive a response?

My wife and I both have filed forms N400 in October of 2006 in Minnesota (Nebraska Processing Center). USCIS received our applications on October 10th, 2006. On October 18th both of us received the fingerprints requests, which have been processed on October 27th. My wife’s case has been approved in February of 2007. She had her citizenship interview on March 16th, 2007 and became the US citizen on April 11th, 2007 after taking the Auth of Allegiance.

I have not heard anything about my case since the fingerprints appointment. I have tried calling the USCIS Customer Service Number but they did not have any updated information about my case. I have also spoken with the Immigration Officer in the local USCIS office (InfoPass appointment) on July 27th, 2007. I have learned during that interview that my case is pending due to the FBI Name Check. The estimate that has been given to me was as long as 3 to 5 years, maybe more.

So as of now my application is pending together with 320,000 others. Well since it's been pending for almost a year now I'm a proud member of 152,000 who had been waiting for more than six months, slowly moving to join more than 61,000 lucky ones that had been waiting for more than two years. Hence my next question.

4. Did anyone hear the Name Check clearing between one year and two? Based on all of the people I've talked to it either took just a few months or more then 2 years. Seems to me once they put your file in that special pile it will not take less than 2 years.

Last edited by inline_320_001; 09-23-2007 at 06:36 PM.
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  #72 (permalink)  
Old 09-25-2007, 01:33 AM
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Default

I guess only a minority of people get stuck in name check ( unlike immigration portal forums , the FBI namecheck discussion thread doesn't move much) or may be that majority still in the 'waiting for receipt notice/FP' mode.
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  #73 (permalink)  
Old 09-25-2007, 09:12 AM
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Quote:
Originally Posted by sheela View Post
How to find out if you name check has been done/cleared.
Call USCIS customer service and insist that you want to speak to the immigration officer. Be persistent. IO will be able to tell you that. No need to waste time for Infopass.
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  #74 (permalink)  
Old 09-25-2007, 10:20 AM
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Default

I called FBI yesterday and asked for FP results. I was told they sent it to uscis and I saw LUD. Question is:

1) Does finger-printing & name check go together?
2) When FBI sends it to uscis does it mean nc/fp cleared?.

Any thoughts on this?
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  #75 (permalink)  
Old 09-25-2007, 06:41 PM
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Default

Quote:
Originally Posted by sheela View Post
I called FBI yesterday and asked for FP results. I was told they sent it to uscis and I saw LUD. Question is:

1) Does finger-printing & name check go together?
2) When FBI sends it to uscis does it mean nc/fp cleared?.

Any thoughts on this?
Sheela and others,

Do take the time to read the posts on this thread (and forum). There are a lot of knowledgeable people around, but do take just a few moments to read what is already available. Your questions are already answered in the first few posts in this thread (see post 3 from pappu). See also, the USCIS Fact Sheet link in the first post in the name check reference docs thread.

Good luck,
Googler
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