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
  #76 (permalink)  
Old 09-26-2007, 04:40 PM
Junior Member
Priority Date
:
N/A
Category
:
Others
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2007
Posts: 3
lenova is on a distinguished road
Default

I disagree with Mallu , name checks do not affect only a few , if it was so the staggering 440K people wouldnt be there , more interestinly I am seeing that only Indians are being subjected to this name check crap , everyone else seems to be doing just fine
Bookmark and Share Compare Reply With Quote


  #77 (permalink)  
Old 09-26-2007, 05:42 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
11/30/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/06/2007
Compare
Join Date: Nov 2006
Posts: 202
Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future
Default

Quote:
Originally Posted by lenova View Post
more interestinly I am seeing that only Indians are being subjected to this name check crap , everyone else seems to be doing just fine
I have to disagree with that. Check out the names in the Writs of Mandamus lawsuits or the thread on Immig Portal about people filing writs of mandamus -- it is not "only Indians." It is anyone whose name, when run through FBI's name combination algorithm (see pg 2 onwards in link), generates a hit in the FBI reference files.

Just for the sake of illustration -- check out the names that appear in this google spreadsheet (you need a gmail account to view it) with a list of significant recent mandamus rulings.
Bookmark and Share Compare Reply With Quote


  #78 (permalink)  
Old 09-26-2007, 06:39 PM
Senior Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
06/20/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/20/2004
Compare
Join Date: May 2006
Posts: 630
485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute
Default

http://en.wikibooks.org/wiki/FBI_name_check

if you have a name there is a possibility that you might get stuck thats about it...
Bookmark and Share Compare Reply With Quote


  #79 (permalink)  
Old 09-27-2007, 04:18 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

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

http://www.ailf.org/lac/mandamus-jur...24-07%20PA.pdf

Quote:
1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
The government’s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
• That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
• That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
• That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
• That 8 U.S.C. § 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.


2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction – which is the court’s power to hear the case – and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court’s power to adjudicate the case, which is jurisdictional, and the court’s power to grant relief, which is not jurisdictional).
The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
‘jurisdiction … is not defeated … by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.’ Rather, the district court has jurisdiction if ‘the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another …’
Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid “tackling the merits under the ruse of assessing jurisdiction.” Ahmed, 328 F.3d at 386-387.
Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a “duty” on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
[T]he district court has jurisdiction under § 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. … A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
Ahmed, 328 F.3d at 386-87.
Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government’s motion. See, e.g., § 3, below.
__________________
Proud Member - Texas State Chapter - http://groups.yahoo.com/group/texasiv
Bookmark and Share Compare Reply With Quote


  #80 (permalink)  
Old 09-27-2007, 04:41 PM
Senior Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
06/20/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/20/2004
Compare
Join Date: May 2006
Posts: 630
485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute 485Mbe4001 has a reputation beyond repute
Default

Thanks, this is good information.
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.

Bookmark and Share Compare Reply With Quote


  #81 (permalink)  
Old 09-27-2007, 07:58 PM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
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

Quote:
Originally Posted by 485Mbe4001 View Post
Thanks, this is good information.
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.
PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.
Bookmark and Share Compare Reply With Quote


  #82 (permalink)  
Old 09-27-2007, 08:06 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 332
sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future
Default Fifo

Quote:
Originally Posted by lazycis View Post
PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.
I thought uscis generally followed 'first-in-first-out' rule. That is one reason I-485 receipt notices never show PD. Am I right?
Bookmark and Share Compare Reply With Quote


  #83 (permalink)  
Old 09-27-2007, 08:26 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Apr 2006
Posts: 194
sss9i is on a distinguished road
Default Mandamus -responding To The Government’s Motion To Dismiss

http://www.shusterman.com/cgi-bin/ex...px?docid=23415
Bookmark and Share Compare Reply With Quote


  #84 (permalink)  
Old 09-28-2007, 09:58 AM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
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

Quote:
Originally Posted by sheela View Post
I thought uscis generally followed 'first-in-first-out' rule. That is one reason I-485 receipt notices never show PD. Am I right?
I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.
Bookmark and Share Compare Reply With Quote


  #85 (permalink)  
Old 09-28-2007, 08:31 PM
Junior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
11/19/2007
Chargeability
:
Ireland
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Feb 2006
Posts: 17
alanoconnor can only hope to improve
Default name check cleared

Quote:
Originally Posted by summerof98 View Post
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.
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
Bookmark and Share Compare Reply With Quote


  #86 (permalink)  
Old 09-28-2007, 08:44 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

Quote:
Originally Posted by alanoconnor View Post
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.
Bookmark and Share Compare Reply With Quote


  #87 (permalink)  
Old 09-28-2007, 09:00 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 332
sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future
Default 485 and PD

Quote:
Originally Posted by lazycis View Post
I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.
My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect
Bookmark and Share Compare Reply With Quote


  #88 (permalink)  
Old 09-28-2007, 09:05 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
11/30/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/06/2007
Compare
Join Date: Nov 2006
Posts: 202
Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future Googler has a brilliant future
Default

Quote:
Originally Posted by alanoconnor View Post
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
Consider yourself amongst the very fortunate!
__________________
**************
PD: 1/30/03, EB-2, India
LC: 10/13/05 (Dallas BEC)
I-140 filed on 11/30/05; approved 4/06;
I-485 RD: 6/7/07 at TSC
I-485 ND: 6/15/07
FP Notice Date: 6/18/07; 7/11/2007
EAD Approved: 7/23/07 (no LUDs on EAD prior to this); EAD Card in mail: 7/30/07.
AP Approved 9/17/07: (LUDs: 8/12/07, 9/14/07; but no approval date showing on online system?!)

NC cleared on 10/22/07 uploaded on 11/5/07

I-485 Approved: 4/22/08 (email recd) physical card recd 4/28/08
Bookmark and Share Compare Reply With Quote


  #89 (permalink)  
Old 09-29-2007, 01:05 AM
Junior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
11/19/2007
Chargeability
:
Ireland
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Feb 2006
Posts: 17
alanoconnor can only hope to improve
Default

Quote:
Originally Posted by mallu View Post
Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.


From Ireland
Bookmark and Share Compare Reply With Quote


  #90 (permalink)  
Old 09-29-2007, 12:48 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 There you go.

Quote:
Originally Posted by alanoconnor View Post
From Ireland
.
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 09:59 PM
Life After New Namecheck Process: Preadjudication of Retrogressed Cases?? Googler Retrogression, priority dates and Visa bulletins 8 02-08-2008 05:12 PM
Namecheck for non-immigrants too! sunny1000 FBI namecheck delays and Writ of Mandamus 11 01-02-2008 01:59 PM
Namecheck Status ??? gc_bulgaria FBI namecheck delays and Writ of Mandamus 1 10-18-2007 09:49 PM
FBI namecheck on CNN.com sam_i02 Non-Immigrant Visas 0 07-05-2007 07:10 PM



All times are GMT -4. The time now is 07:18 AM.


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