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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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  #1 (permalink)  
Old 11-29-2007, 07:43 PM
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Default FBI Namecheck delays may end .. Hopefully soon

From ILW:

FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
=======================
Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/sh...ad.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team
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Last edited by pappu; 11-30-2007 at 09:29 AM.
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  #2 (permalink)  
Old 11-29-2007, 08:06 PM
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yeah, i wish they had responded when the dates were current.
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again
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Old 11-29-2007, 08:41 PM
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It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!
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  #4 (permalink)  
Old 11-29-2007, 08:49 PM
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Default so is it 120 days time frame?

Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
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  #5 (permalink)  
Old 11-29-2007, 08:52 PM
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Default To ramaonline

Quote:
Originally Posted by ramaonline View Post
From ILW:

FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
I'm wondering where did you get this information?
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  #6 (permalink)  
Old 11-29-2007, 08:55 PM
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Quote:
Originally Posted by GCHPLC View Post
I'm wondering where did you get this information?

From here.... http://www.ilw.com/immigdaily/
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  #7 (permalink)  
Old 11-29-2007, 09:10 PM
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Default Designated time frame

Quote:
Originally Posted by sheela View Post
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

Thumbs up to IV and everyone involved in making this happen.
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  #8 (permalink)  
Old 11-29-2007, 09:19 PM
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Default

Quote:
Originally Posted by brav View Post
The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

Thumbs up to IV and everyone involved in making this happen.
As of now, for the background/name check -time frame in FBI rule-book is 120 days. It will be great if uscis can approve AOS if nothing adverse is reported by FBI within 120 days
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  #9 (permalink)  
Old 11-29-2007, 09:27 PM
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Thank you harish. I read it. I hope it will work eventually.
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  #10 (permalink)  
Old 11-30-2007, 12:38 AM
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Default Great !!!

If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
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Old 11-30-2007, 12:47 AM
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Default

the EB visa numbers will not go waste any more once its implemented.
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  #12 (permalink)  
Old 11-30-2007, 12:48 AM
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Default could be

Quote:
Originally Posted by mallu View Post
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
I thought the same but they need to get out of the queue before you and I can get our turn .. Good for them finally ...

In the longer run I guess it makes predicitions easy
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  #13 (permalink)  
Old 11-30-2007, 12:59 AM
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Default Yes. Yes. Ofcourse.

Quote:
Originally Posted by satishku_2000 View Post
I thought the same but they need to get out of the queue before you and I can get our turn .. Good for them finally ...

In the longer run I guess it makes predicitions easy
.

One thing , did any other reputed site report this news ?
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  #14 (permalink)  
Old 11-30-2007, 01:18 AM
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Default

People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?

Quote:
Originally Posted by mallu View Post
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.

Last edited by sroyc; 11-30-2007 at 01:20 AM.
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  #15 (permalink)  
Old 11-30-2007, 01:21 AM
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Default

Quote:
Originally Posted by mallu View Post
.

One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
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