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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 08-13-2008, 05:46 PM
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Default is Namecheck still a bottleneck?

Folks,

Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?

Thanks
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  #2 (permalink)  
Old 08-13-2008, 06:10 PM
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^bump^
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  #3 (permalink)  
Old 08-13-2008, 06:17 PM
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Default yes i think

Unfortunately Yes...i had infopass appointment on monday and IO told me samething. NC has to be cleared before 485 can be approved. But they are targeting they will clear NC within 180 days after Feb 2009.
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  #4 (permalink)  
Old 08-13-2008, 06:41 PM
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Quote:
Originally Posted by gc_kaavaali View Post
Unfortunately Yes...i had infopass appointment on monday and IO told me samething. NC has to be cleared before 485 can be approved. But they are targeting they will clear NC within 180 days after Feb 2009.
Just read a post on a different thread where a 2006 NSC case was cleared without NC
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  #5 (permalink)  
Old 08-13-2008, 08:13 PM
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Default How to clear Name Check

Quote:
Originally Posted by chintu25 View Post
Just read a post on a different thread where a 2006 NSC case was cleared without NC
Friends,

Even I am stuck with Name Check and what is the approach to clear name check.

Any help / suggestions, please advice.

thanks in advance.

Shana

Last edited by shana04; 08-13-2008 at 08:16 PM.
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  #6 (permalink)  
Old 08-13-2008, 09:46 PM
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This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
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  #7 (permalink)  
Old 08-13-2008, 09:49 PM
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Default Yes, it does

My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.
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  #8 (permalink)  
Old 08-13-2008, 09:52 PM
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Infopass IIO's are not the best in terms of reliability of their statements ...or actually opinions !

Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !

see this one:

http://immigrationvoice.org/forum/sh...8&postcount=10

Last edited by InTheMoment; 08-13-2008 at 09:56 PM.
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  #9 (permalink)  
Old 08-13-2008, 11:03 PM
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Default They stick with the FBI time frame of FEB 2009 and not with 180 day rule

Back log elimination..
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.

My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.

The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.

The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
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  #10 (permalink)  
Old 08-13-2008, 11:05 PM
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I should those got the CARD PRODUCTION ORDER without name check are lucky and that are only few cases. Most of the cases are stuck with name check even though the PD is current and the RD rule applicable.
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  #11 (permalink)  
Old 08-13-2008, 11:07 PM
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I feel the name check rule is just for our satisfaction and it is not helping most of the name check clearence.
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  #12 (permalink)  
Old 08-13-2008, 11:10 PM
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IO told me in infopass that she can't tell me about my name check and don't worry about it since 180 day rule applies ,....i guess she had good knowledge of the rule
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  #13 (permalink)  
Old 08-13-2008, 11:11 PM
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Default Name Check

Quote:
Originally Posted by shana04 View Post
Friends,

Even I am stuck with Name Check and what is the approach to clear name check.

Any help / suggestions, please advice.

thanks in advance.

Shana
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
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  #14 (permalink)  
Old 08-15-2008, 09:54 PM
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Default

Folks,

If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?

Any ideas.?
Thanks.

Quote:
Originally Posted by shana04 View Post
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
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  #15 (permalink)  
Old 08-15-2008, 09:59 PM
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I do not think so. I have contacted Congressman but I doubt my lawyer pr employer will ever know about it. But on separate note, whats the issue if employer/lawyer get to know about it ?
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