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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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  #16 (permalink)  
Old 10-16-2007, 11:06 PM
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karsat is on a distinguished road
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My NC has been pending my I485 has been filed in Sep 2005
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  #17 (permalink)  
Old 10-16-2007, 11:06 PM
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Quote:
Originally Posted by pappu View Post
Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.
So what's the new development?
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  #18 (permalink)  
Old 10-17-2007, 11:05 AM
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Quote:
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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  #19 (permalink)  
Old 10-17-2007, 12:13 PM
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Default Senate Approves Levin Amendment to Improve Oversight of FBI

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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  #20 (permalink)  
Old 10-18-2007, 12:44 AM
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EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!
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  #21 (permalink)  
Old 10-18-2007, 02:01 AM
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Default Sue the USCIS

Quote:
Originally Posted by Bradman View Post
EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!
Your application may be just sitting in their shelf because of name hits. The "in process" letter that FBI sends doesn't indicate much. Depending on how popular one's name is one might be in the namecheck hole for 4+ years.
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  #22 (permalink)  
Old 10-18-2007, 12:12 PM
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Default Namecheck victim

I am glad IV is focusing more attention on the name check nightmare. I filed 485 in December 2006 (EB1) and am stuck in the namecheck.

Quote:
Originally Posted by pappu View Post
Namechecks:

IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

Pls. stay tuned on this issue.
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  #23 (permalink)  
Old 10-18-2007, 02:36 PM
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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 Bradman View Post
EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!
Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check
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  #24 (permalink)  
Old 10-18-2007, 10:01 PM
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Unhappy

We are victims as well. From 2001 to 2005 were waiting for Labor, they processed applications from April 2001 for three years (!?) and started from April 2005 we are in FBI name check . Coworkers applying in 2007 getting GC. If there any action in NY, I will be happy to participate.
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  #25 (permalink)  
Old 10-18-2007, 10:09 PM
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GCHPLC,
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/sho...php?p=1804764&
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  #26 (permalink)  
Old 10-19-2007, 12:05 AM
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Default Time to act now!!!! Important development in House.

An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.

The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.

Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:

http://www.house.gov/writerep/

Please post this message in all immigration groups you are member of.

PDF version: http://frwebgate.access.gpo.gov/cgi-...id=f:h3828ih.t xt.pdf

HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

(b) Elements of Plan- The plan shall include the following elements:

(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

(2) the name check fee shall be fully refunded.

(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.

END
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  #27 (permalink)  
Old 10-19-2007, 12:37 AM
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4-6 months after your Notice Date. The date you give your FP has absolutely no relation to the initiation of namecheck by FBI.

The submission for namecheck is generally made to FBI 1-2 weeks after your Notice Date. (The date one's data is entered into the USCIS CLAIMS3 system)

Quote:
Originally Posted by priti8888 View Post
NO..online status wont chnage.

U can either call the 1-800 # or make an infopass appointment 4-6 Months after your first FP. If u plan to call, make sure u call 3-4 times because you might get conflicting info
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  #28 (permalink)  
Old 10-19-2007, 08:30 AM
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GCHPLC is on a distinguished road
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The link from PDF file doesn't work. Could you please send the right document?
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  #29 (permalink)  
Old 10-19-2007, 10:13 AM
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Default working link

http://frwebgate.access.gpo.gov/cgi-...8ih.t%20xt.pdf
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  #30 (permalink)  
Old 10-19-2007, 11:19 AM
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Thank you, I've got it
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