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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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  #31 (permalink)  
Old 11-30-2007, 06:35 PM
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Default USCIS is THE bottleneck

I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?

Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.

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Originally Posted by walking_dude View Post
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
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  #32 (permalink)  
Old 11-30-2007, 06:57 PM
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Quote:
Originally Posted by h1techSlave View Post
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?

Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
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  #33 (permalink)  
Old 11-30-2007, 07:35 PM
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Originally Posted by mallu View Post
When is this name check reform getting implemented. Why is is so difficult to implement ?
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior
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  #34 (permalink)  
Old 11-30-2007, 07:39 PM
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Quote:
Originally Posted by lazycis View Post
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior
Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/200...mment-91879090
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  #35 (permalink)  
Old 11-30-2007, 07:42 PM
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FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 I estimate the total number for this year will be 3-4 times bigger than 2006 number.
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  #36 (permalink)  
Old 12-01-2007, 03:58 PM
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Quote:
Originally Posted by lazycis View Post
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 I estimate the total number for this year will be 3-4 times bigger than 2006 number.
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
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  #37 (permalink)  
Old 12-01-2007, 04:14 PM
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Quote:
Originally Posted by mallu View Post
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.

Naturalization queue is much bigger than AOS queue now and it has political clout. I guess probably thats the reason why they are expediting the namecheck now. USCIS dont want to be dragged into voter suppression mess.
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  #38 (permalink)  
Old 12-02-2007, 03:40 PM
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Default Nothing much to get excited - From immigration-law.com

12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
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  #39 (permalink)  
Old 12-02-2007, 09:14 PM
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Finally something concrete:

Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
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  #40 (permalink)  
Old 12-02-2007, 09:38 PM
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Quote:
Originally Posted by InTheMoment View Post
.....However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed....
Some WOM attorneys were worried that they will be jobless. But there is still "scope" for WOM.
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  #41 (permalink)  
Old 12-03-2007, 03:12 AM
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Default IMHO this will happen

Regardless of what Oh's website says, I think it will happen.

It is all about politics. The Dems are trying to speed this up with bills etc., so that more GC holders can be naturalized as citizens and could vote for them (most immigrants genrally vote democratic) in Nov 2008. We (GC contenders) will simply hitch the ride.

Check NPR report on name check delays.

http://www.npr.org/templates/story/s...toryId=9958267
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  #42 (permalink)  
Old 12-03-2007, 04:08 AM
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From that article:

""We should remember, these are people who've been living here in the U.S. with green cards for at least five years. And so it doesn't make sense that a delay is going to protect us from any national security threats," Wang said."

That is how stupid current system. I think it is to satisfy a bunch of paranoid conservative voters.
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  #43 (permalink)  
Old 12-03-2007, 05:13 PM
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Default Hopes died down

http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm
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  #44 (permalink)  
Old 12-03-2007, 05:13 PM
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Default bad news about name check

FBI Name Checks Latest

Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:

Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
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  #45 (permalink)  
Old 12-03-2007, 05:26 PM
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Quote:
Originally Posted by cliffmacnab View Post
(1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.
Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.
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