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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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  #76 (permalink)  
Old 12-05-2007, 12:08 AM
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Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.
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  #77 (permalink)  
Old 12-05-2007, 12:55 AM
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Originally Posted by dankusam View Post
Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.
They can do whatever they want under the cover of national security, even arrest you and keep in detention without bail, right ?
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  #78 (permalink)  
Old 12-05-2007, 02:52 AM
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bestia is just really nice bestia is just really nice bestia is just really nice bestia is just really nice bestia is just really nice
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Quote:
Originally Posted by dankusam View Post
Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.
Oh, come on. I think situation is much more simple than that. I wonder if FBI really got ONE bad guy among H1b poor souls. FBI perfectly knows that it's just stupid to suspect a person who lived on same place for years, personally went to fingerprinting, submitted all kinda information about himself and humbly waiting for GC in being some "threat".

Because of that FBI considers us "low priority", simply - they don't care about us. But the law requires them to check us, so those who got "no match" automatically pass without any human intervention. But those who by some reason "matched" are awaiting for some FBI dude to push couple of buttons on his computer. But since FBI dude will be first considering more important things to do, those couple of "button presses" might take couple of years.

This is how I see it. If that's true, then ironically if some of H1bs would be involved in drug trafficking, prostitution or would really posses any threat - namechecks would be going really quick.
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Whatever doesn't kill me, makes me stronger
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  #79 (permalink)  
Old 01-09-2008, 01:53 AM
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Default HELP Please - AOS through Marriage - Got stuck at NC -

I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)

I have a few questions;

1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?

2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?

3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?

I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.

Please someone help...
thanks for your time.
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  #80 (permalink)  
Old 01-09-2008, 09:40 AM
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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
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Quote:
Originally Posted by admesystems View Post
I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)

I have a few questions;

1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?

2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?

3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?

I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.

Please someone help...
thanks for your time.
1. May.

2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.

3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.

It was a good decision not to leave the country. How many days were you out of status?
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  #81 (permalink)  
Old 01-09-2008, 12:41 PM
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Thank you Lazycis...
I was out of status for more than a year when I got married
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  #82 (permalink)  
Old 01-09-2008, 12:53 PM
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Quote:
Originally Posted by admesystems View Post
Thank you Lazycis...
I was out of status for more than a year when I got married
You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.
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  #83 (permalink)  
Old 01-09-2008, 01:17 PM
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I am in U.S. and I applied here.
do I still need that I-601?
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  #84 (permalink)  
Old 01-09-2008, 02:26 PM
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Originally Posted by admesystems View Post
I am in U.S. and I applied here.
do I still need that I-601?
More likely you will need it if you leave the country.
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  #85 (permalink)  
Old 01-09-2008, 05:09 PM
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Default I-130 is also Pending...?

On USCIS website I-130 is also pending along with I-485.
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?
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  #86 (permalink)  
Old 01-10-2008, 10:57 AM
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Quote:
Originally Posted by admesystems View Post
On USCIS website I-130 is also pending along with I-485.
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?
I-130 has to be approved first.
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  #87 (permalink)  
Old 01-14-2008, 03:39 PM
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filed a WoM (writ of Mandamus) in New York..what a joke..FBI Name check delay for 5 years !!!!

Time to wake up FBI/USCIS
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  #88 (permalink)  
Old 01-14-2008, 10:23 PM
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Default Good luck, sue them!

NY Eastern district? Do it yourself or use a lawyer?

I am contemplating the same thing.

Quote:
Originally Posted by trevor View Post
filed a WoM (writ of Mandamus) in New York..what a joke..FBI Name check delay for 5 years !!!!

Time to wake up FBI/USCIS
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  #89 (permalink)  
Old 01-28-2008, 02:37 PM
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matreen will become famous soon enough
Unhappy Background Check Eamil Received.

Team,

Just today I received a email from TX CIS.....saying......

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

PD: 01/29/07
485 Filling: 07/12/07
Receipt Date: 08/17/07

Got EAD, AP approved. Just last week I did my finger prints.....


I don't where I am and what would happend to my case....I am planning to change my job using AC21...is that going to impact anything to my processing????

What do you thing about the time frame for my case based on my PD????

Guru's please advice....as I am planning to chnage my job in March or April/08.....

Thanks,

M
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  #90 (permalink)  
Old 07-30-2008, 02:28 PM
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Matreen
Did you enquired about Namecheck via email?
Why you got the email form USCIS mentioning all about pending namecheck?
I am also stuck in Name Check.
Please let me know how you can get status by email on namecheck.
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