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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 12-03-2007, 05:20 PM
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Default FBI Name Checks Latest: good or bad news?

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.

Last edited by cliffmacnab; 12-05-2007 at 10:28 AM. Reason: someone does not like this time
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  #2 (permalink)  
Old 12-03-2007, 05:23 PM
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Default How is this bad news?

Am I missing something? Seems like good news
__________________
This too, shall pass.
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  #3 (permalink)  
Old 12-03-2007, 05:38 PM
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Default Exactly

It is NOT a bad news at all.

Quote:
Originally Posted by nfinity View Post
Am I missing something? Seems like good news
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Old 12-03-2007, 05:44 PM
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Default

I guess the bad part of it is that the delays won't end...
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Old 12-03-2007, 05:47 PM
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Default

60% is still there
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  #6 (permalink)  
Old 12-03-2007, 05:55 PM
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Default

Quote:
Originally Posted by cliffmacnab View Post
60% is still there
My understanding is USCIS/FBI never said it will clear 40%..did they

(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.
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  #7 (permalink)  
Old 12-03-2007, 06:54 PM
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Default Bad news indeed

It is bad news. In the last weekend, I was very excited to expect that FBI name check will be ended. Now it is just a little bit improvement. I mean they are saying that the efficiency will be improved. But who knows. 40% better by the end of next year? Come on, people are delayed for several years for this. This whole process should/must get back to pre-911 if they want to give us a break.
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Old 12-03-2007, 08:09 PM
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Is it the "end of the next year" or "this year" ?
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Old 12-04-2007, 01:14 PM
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Default

From the comment, my understanding is that 40% reduction is the result of the "allocation of additional resources=15M, & [future]more streamlined process". So the year end means "Next year end". I don't believe that they can increase their performance without additional money.

Quote:
Originally Posted by pd_recapturing View Post
Is it the "end of the next year" or "this year" ?
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  #10 (permalink)  
Old 12-04-2007, 02:07 PM
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Default the solution

Here is the post from another forum that provides a hint on how to make sure that FBI delays will end:

http://boards.immigrationportal.com/...ostcount=14625

"Folks,

I yesterday received "card production ordered" emails for my I-485 case. My case had been stuck because of name check for 65 months. I filed WOM in Oct. 2007. 60 day deadline expired yesterday.

Thank you very much to the forum members(especially lazycis) for helping me through it."

Can you believe it? Stuck for 65 months and resolved in 60 days after filing a lawsuit!!!
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Old 12-04-2007, 02:15 PM
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Default

Quote:
Originally Posted by lazycis View Post
Here is the post from another forum that provides a hint on how to make sure that FBI delays will end:

http://boards.immigrationportal.com/...ostcount=14625

"Folks,

I yesterday received "card production ordered" emails for my I-485 case. My case had been stuck because of name check for 65 months. I filed WOM in Oct. 2007. 60 day deadline expired yesterday.

Thank you very much to the forum members(especially lazycis) for helping me through it."

Can you believe it? Stuck for 65 months and resolved in 60 days after filing a lawsuit!!!


Hi LazyCIS

How long do you have to wait before you can file the Writ of Mandamus. Also what is the procedure? Can you explain?
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Old 12-04-2007, 02:28 PM
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Quote:
Originally Posted by eb3_nepa View Post
Hi LazyCIS

How long do you have to wait before you can file the Writ of Mandamus. Also what is the procedure? Can you explain?
I am trying to maintain a WOM guide on wiki
http://en.wikibooks.org/wiki/FBI_name_check

If you have any questions, just post on this forum, I'll be around. If your case is pending for 18 months or more, do not hesitate to file WoM.
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  #13 (permalink)  
Old 12-04-2007, 02:44 PM
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Default

I consider as bad news. Since when has USCIS stuck up for their promises made? Look at the fiasco with Backlog Reduction center. It was promised to clear backlogs way back when - it never got done on time and got postponed many times.

I do not see logic in having FBI name check clear to receive immigration benefits when they can always do that in parallel as discussed in article. If someone wants to do anything illegal - they are not going to wait until they get GC. Most of us are well educated people trying to make a decent living by doing jobs that require brain power and intelligence. Lot of us are also US Educated having masters and bachelors degree from well known US Universities. We have been living in US for years peacefully, abiding by laws and paying taxes. If you are of criminal mind set, are you going to wait till GC? Frankly its an insult to intelligence to hold GC process up for FBI Namecheck for people with such great background and education.

Lot of people here are afraid to change jobs and buy house on the possibility that their GC may get denied and they might lose a lot if they took risks of switching jobs etc.

Ok, rant over.

Cheers
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  #14 (permalink)  
Old 12-04-2007, 04:02 PM
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Quote:
Originally Posted by HereIComeGC View Post
I consider as bad news. Since when has USCIS stuck up for their promises made? Look at the fiasco with Backlog Reduction center. It was promised to clear backlogs way back when - it never got done on time and got postponed many times.

I do not see logic in having FBI name check clear to receive immigration benefits when they can always do that in parallel as discussed in article. If someone wants to do anything illegal - they are not going to wait until they get GC. Most of us are well educated people trying to make a decent living by doing jobs that require brain power and intelligence. Lot of us are also US Educated having masters and bachelors degree from well known US Universities. We have been living in US for years peacefully, abiding by laws and paying taxes. If you are of criminal mind set, are you going to wait till GC? Frankly its an insult to intelligence to hold GC process up for FBI Namecheck for people with such great background and education.

Lot of people here are afraid to change jobs and buy house on the possibility that their GC may get denied and they might lose a lot if they took risks of switching jobs etc.

Ok, rant over.

Cheers
Good rant.
You know there could be lot of sane executives in govt. But they are afraid of an average conservative paranoid Joe ( and he is a voter ) of yelling at them "WHAT ?!! GIVING GREEN CARDS AND CITIZENSHIP WITHOUT SECURITY CHECKS?!" . The Joe six pack doesn't recognize that people are already in the country and roaming around.

Sanity decreases if one is paranoid about security. The mindset is that "It is OK to put innocent people to difficullty if it is in the name of national security". Just be thankful to GOD that one is not put in jail without bail just because of stuck in name check. Only some federal courts have any compassion left - welcome to northern california federal courts.
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  #15 (permalink)  
Old 12-04-2007, 04:15 PM
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Default

I think DHS is logical in doing a namecheck before they give GC. What about ppl getting embedded in the society as sleeper cells, which can get activated once they are in a position to acouse more damage. A lot of stuff is tied towards the immigration status. folks could work on "sensitive" and "ITAR" projects when you are a PR. But they should streamline and do it quickly. They cannot afford to spend months to verify someone's credentials that kills every logical argument.
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