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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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  #106 (permalink)  
Old 10-08-2007, 02:31 PM
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Here is another case of a person I came across recently. This person was stuck for the past 5 years in Namechecks . He applied for GC in 2001. He got his GC just recently after a long wait and struggle.
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  #107 (permalink)  
Old 10-08-2007, 03:51 PM
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Default

Quote:
Originally Posted by pappu View Post
Here is another case of a person I came across recently. This person was stuck for the past 5 years in Namechecks . He applied for GC in 2001. He got his GC just recently after a long wait and struggle.
That's a shame. But now he is free to enjoy his life and not think 485 updates.Congratulations to him
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  #108 (permalink)  
Old 10-08-2007, 10:27 PM
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One idea is to give GC to AOS applicants regardless of namecheck result, if all
other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.
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  #109 (permalink)  
Old 10-08-2007, 11:20 PM
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Default I liked this idea.

Quote:
Originally Posted by mallu View Post
One idea is to give GC to AOS applicants regardless of namecheck result, if all
other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.
Lets add this in IV action Item.
__________________
PD 28 JUN 2004,
I140 applied on 16 May 2007 and pending.
Employer is saying he didnt get I140 reciept notice.
I485 Receipt date 25 Jul 2007.
I485 Notice date 14 Sep 2007.
EAD Approved on 27 Sep, 2007.
AP Aproved on 4th Oct 2007.
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  #110 (permalink)  
Old 10-13-2007, 03:27 AM
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Default Why congress doesn't care ?

FBI laments it doesn't have resources to quickly conduct the namecheck process . What congress is doing in the post-911 world ? Shame on them.
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  #111 (permalink)  
Old 10-16-2007, 10:29 PM
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Default Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks

Any comments folks?

http://levin.senate.gov/newsroom/release.cfm?id=285400

October 16, 2007 Contact: Press Office
Phone: 202.228.3685

Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks

WASHINGTON – The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin’s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI’s system of processing background checks and automating investigative files.

“The background check program’s enormous backlog poses an unacceptable burden on people whose lives are on hold, and it also leads to a national security risk,” Levin said. “Approximately 31,000 cases have been pending for at least 33 months. If these individuals are a security threat, we must know that sooner rather than later.”

According to the U.S. Citizenship and Immigration Services (USCIS) Ombudsman’s 2007 Annual Report, there were 329,160 name check cases pending in May 2007, which is and increase of 93,358 over the previous year. Many immigrants who are applying for adjustment of status to legal permanent resident, naturalization, asylum, or a waiver end up waiting for months or years for the completion of the name check process.

In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of the Records Management Division of the FBI stated before the House Committee on Government Reform that, “[t]he name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and…clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.”
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  #112 (permalink)  
Old 10-16-2007, 10:55 PM
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Default

Quote:
Originally Posted by mallu View Post
One idea is to give GC to AOS applicants regardless of namecheck result, if all
other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.
This is exactly as Congress intended it to be. There is no mandatory requirement to complete NC before GC can be issued in the INA. There is a provision to cancel GC in the INA.
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  #113 (permalink)  
Old 10-17-2007, 12:04 PM
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Originally Posted by pappu View Post
SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 3093, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

(2) the average time taken to complete each type of background check;

(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

(b) Recipients.--The congressional committees listed in this subsection are--

(1) the Committee on the Judiciary of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on the Judiciary of the House of Representatives; and

(4) the Committee on Homeland Security of the House of Representati
This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.
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  #114 (permalink)  
Old 10-17-2007, 02:02 PM
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Default how FBI "solved" the problem

By Mr. Cannon:
"NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."

Are they interested in national security or just numbers of processed name checks? Why not create a special team to handle requests with the high number of "hits" as those are much more dangerous potentially for the national security?
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  #115 (permalink)  
Old 10-17-2007, 09:50 PM
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Quote:
Originally Posted by lazycis View Post
By Mr. Cannon:
"NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."

Are they interested in national security or just numbers of processed name checks? Why not create a special team to handle requests with the high number of "hits" as those are much more dangerous potentially for the national security?
When did he make the statement ?

Also, how to find out whether the case had 1 hit or multiple hits ( and how many ).
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  #116 (permalink)  
Old 10-18-2007, 12:07 AM
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Quote:
Originally Posted by mallu View Post
When did he make the statement ?

Also, how to find out whether the case had 1 hit or multiple hits ( and how many ).
Declaration of M. Cannon filed in one of the civil cases in Northern GA, dated October 4th, 2007. To know for sure you have to have a pending lawsuit and send a discovery request to district US Attorney.
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  #117 (permalink)  
Old 10-18-2007, 12:42 AM
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Default Wealth of information if one wants to do WOM

http://boards.immigrationportal.com/...94681&page=464
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  #118 (permalink)  
Old 10-18-2007, 01:55 AM
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Default

Quote:
Originally Posted by lazycis View Post
By Mr. Cannon:
"NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."
Quote:
Originally Posted by lazycis View Post
Declaration of M. Cannon filed in one of the civil cases in Northern GA, dated October 4th, 2007. To know for sure you have to have a pending lawsuit and send a discovery request to district US Attorney.
First of all, lazycis, thank you for all the great information on the immigration portal WOM thread and now on the IV forums. The community owes you.

Re: this Cannon declaration -- do you mind sharing the case number or case name (X v Chertoff) or the declaration if you have downloaded it from Pacer?
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  #119 (permalink)  
Old 10-18-2007, 06:51 AM
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Who is this " Mr. Cannon" ??
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  #120 (permalink)  
Old 10-18-2007, 08:00 AM
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Michael Cannon is the Chief of FBI NNCP (national name check program).
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