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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 09-26-2006, 01:16 PM
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Default FBI name check? What can we do while we are waiting?

Hi Guys,
It might be stupid question but while most of us are waiting for visa number with approved 140, can we request FBI name check for ourselves? I heard that 90% will be clear just in weeks but I know people after 485 and waiting for 3 to 5 years now to get their name checked.
What are your thoughts?

I really appreciate any help.

Thank you.
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  #2 (permalink)  
Old 09-26-2006, 02:43 PM
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Quote:
Originally Posted by cr52401
Hi Guys,
It might be stupid question but while most of us are waiting for visa number with approved 140, can we request FBI name check for ourselves? I heard that 90% will be clear just in weeks but I know people after 485 and waiting for 3 to 5 years now to get their name checked.
What are your thoughts?

I really appreciate any help.

Thank you.
That may not be an available short cut as the FBI name check after I485 filing is at the instance of USCIS.
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  #3 (permalink)  
Old 09-26-2006, 04:31 PM
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is there a name check FAQ anywhere.
I want to know if there is a way to find out if a name check is cleared. How do you know if you are stuck in a name check.
Is the name check done after or before fingerprinting or they are unrelated.
thanks...
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  #4 (permalink)  
Old 09-26-2006, 05:25 PM
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Default Name check

Quote:
Originally Posted by 485Mbe4001
Q is there a name check FAQ anywhere.
A This is the FBI name check FAQ: http://www.fbi.gov/page2/nationalnamecheck.htm

Q I want to know if there is a way to find out if a name check is cleared. How do you know if you are stuck in a name check.
A You can call CIS, only if your case is past their processing time

Q Is the name check done after or before fingerprinting or they are unrelated.
A Name check is initiated 1-2 weeks after submitting I485

thanks...
andy
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  #5 (permalink)  
Old 09-26-2006, 05:36 PM
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Is it possible to get name check done before filing 485? What is the process?
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  #6 (permalink)  
Old 09-26-2006, 06:26 PM
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Thanks Andy, appreciate the reply
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  #7 (permalink)  
Old 09-26-2006, 06:44 PM
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Default No, not possible

Quote:
Originally Posted by nb_des
Is it possible to get name check done before filing 485? What is the process?
USCIS will request an FBI namecheck only once I140 is approved and I485 is filed.
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  #8 (permalink)  
Old 09-26-2006, 06:50 PM
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So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.
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  #9 (permalink)  
Old 09-26-2006, 07:07 PM
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Quote:
Originally Posted by GCard_Dream
So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.
Of course. This is the only way that they can keep you grom getting your GC. Nobody is liable for the delay. Everything is done for the sake of security.
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  #10 (permalink)  
Old 09-26-2006, 07:19 PM
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Default

Quote:
Originally Posted by GCard_Dream
So how is this name check different from the police clearance we get from the FBI? As far as the police clearance goes, you just apply it yourself with proper finger prints and other stuff and they send you a certificate back saying you are clean, assuming you are clean of course. In other words you don't have any criminal records or other bad stuff. So what does the name check do that the police clearance doesn't? I am sure there is a difference.
Bingo! FBI name check is different from a police criminal check. The precise details of what FBI checks entails is unknown. They do check your background in various databases and it is also rumored that in some cases they check your background with authorities in your home country. But it is certain that FBI name checks take a lot of time if your name scores a hit in FBI's datbase of names. This is because of the volume of cases and low priority assigned to them in an FBI agent's set of priorities.
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  #11 (permalink)  
Old 09-27-2006, 04:27 AM
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Default What is the average turn-around time for name check ?

Hi,

If there wasn't any name hit and extended security check ( 90% cases
like that ? ) , what is the average turn-around time for name check clearance ? 2 months when done through USCIS ?
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  #12 (permalink)  
Old 09-27-2006, 12:06 PM
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This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.
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  #13 (permalink)  
Old 09-27-2006, 12:58 PM
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It is a very good suggestion. But frankly I have'nt seen any results so far from our letters or faxes.
Quote:
Originally Posted by like_watching_paint_dry
This is a good idea. EB3 folks and many EB2 India folks will be waiting for years & years just to file for AOS. Now in the worst case scenario, with the current process they would tack on the added 3-4 years of name check delays at the end of the filing for AOS wait. Is it a good idea for several of us to send mail/letters to USCIS to request change of this procedure and make this happen once the I-140 is approved for all retrogressed applications?

They can have retrogressed people get in and apply for this and charge something extra for people who request this to cover the added processing costs. I'm sure everyone would be happy to pay a few hunderd dollars or something for the added parallelism.
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  #14 (permalink)  
Old 09-27-2006, 01:47 PM
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Default

Quote:
Originally Posted by nb_des
It is a very good suggestion. But frankly I have'nt seen any results so far from our letters or faxes.
Guys, Let get together and do someting. It should be a way to do that. We just need to get help from other experienced peopla form IV and see what we can do.
Any core memeber have a idea?
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  #15 (permalink)  
Old 09-27-2006, 02:11 PM
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Default

Quote:
Originally Posted by cr52401
Guys, Let get together and do someting. It should be a way to do that. We just need to get help from other experienced peopla form IV and see what we can do.
Any core memeber have a idea?
i m not CORE member.

i know one yahoogrpup 'namechecktracker' . Main person of that grp is tryng to gather financial support for lobbying this effort. they have already done lots of work. U might want to join that and see .

Aj
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