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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 12-05-2007, 12:34 PM
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Default ACLU is suing FBI over Namecheck delays

ACLU is using USCIS/FBI over namecheck delays. Not sure if the lawsuit is limited to Citizenship applicants or GC applicants can be included.

http://www.mercurynews.com/breakingn...nclick_check=1

Quote:
Originally Posted by pappu View Post
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.

Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/

ACLU Immigrants rights project E-mail - immrights@aclu.org
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Last edited by pappu; 12-05-2007 at 02:58 PM.
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  #2 (permalink)  
Old 12-05-2007, 12:50 PM
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The suit is for naturalization applicants, Bavi vs. Mukasey, filed in Central Cal. District.
http://www.aclu-sc.org/News/Releases/2007/102697/
Class-action suits are usually moving very slowly, however...

Last edited by lazycis; 12-05-2007 at 02:36 PM.
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  #3 (permalink)  
Old 12-05-2007, 01:02 PM
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True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.

Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.

ACLU Press release - http://www.aclu.org/immigrants/gen/3...s20071029.html

ACLU Immigrants rights project E-mail - immrights@aclu.org
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  #4 (permalink)  
Old 12-05-2007, 01:14 PM
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Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.

Last edited by lazycis; 12-05-2007 at 01:17 PM.
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  #5 (permalink)  
Old 12-05-2007, 01:22 PM
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If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.

Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/

ACLU Immigrants rights project E-mail - immrights@aclu.org

Last edited by pappu; 12-05-2007 at 02:59 PM.
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  #6 (permalink)  
Old 12-05-2007, 01:45 PM
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FBI Namecheck isn't exactly an immediate issue for me due to colossal backlogs. Yet clearance of the backlog may be meaningless if a person happens to get caught in the FBI backlog instead !

Here's my E-mail to ACLU Immigrants rights project -

------------------------------------------------------------------------------

Thank you for taking legal actions to fix FBI Name check delays for Immigrants

http://www.aclu.org/immigrants/gen/3...s20071029.html

Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.

FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?

Thanks & Regards,
xxxxx

--------------------------------------------------------------------------------
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  #7 (permalink)  
Old 12-05-2007, 02:04 PM
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Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
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Old 12-05-2007, 03:10 PM
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I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

Quote:
Originally Posted by lazycis View Post
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
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  #9 (permalink)  
Old 12-05-2007, 05:27 PM
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AILF is a non-profit organization. You are probably right regarding AILA
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Old 12-05-2007, 05:53 PM
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If I'm not wrong AILF is the litigation arm of AILA, meaning AILF is a subsidiary of AILA. Not an independent org.

Quote:
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AILF is a non-profit organization. You are probably right regarding AILA
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Old 02-11-2008, 04:33 PM
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Default unexpected reponse to FBI namecheck Delay

I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.

The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."

Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?

Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )

Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
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