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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 03-03-2009, 02:42 PM
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Default USCIS Withdraws the 180 day policy for Name Checks

USCIS has withdrawn the 180 name check pending policy for name check.


http://www.immigration-law.com/
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  #2 (permalink)  
Old 03-03-2009, 03:30 PM
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Default Rule Summary

Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:

USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.

Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.

We may not be back to one, but we may be half way there.

Best of luck to all
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  #3 (permalink)  
Old 03-03-2009, 04:13 PM
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Default OMG!! seems like the execution of planned project

Seems to me like a planned execution to torture and frustrate us.
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Result for psaxena:
Your position is 53193 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Aug-06" and Category "EB3" .
Your Expected Date of Adjudication is Sep, 2028.
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  #4 (permalink)  
Old 03-03-2009, 04:17 PM
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Default May be there will be a PD for namecheck

May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)

IV admin please make a section for the entry of the FBI NC PD also.
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Result for psaxena:
Your position is 53193 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Aug-06" and Category "EB3" .
Your Expected Date of Adjudication is Sep, 2028.
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  #5 (permalink)  
Old 03-03-2009, 04:26 PM
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Default

Well.. either way they are making things more opaque.
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  #6 (permalink)  
Old 03-04-2009, 10:18 AM
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Default Good while it lasted

This is going to impact lot of people.

Here is the link to the actual memo.
http://www.uscis.gov/files/nativedoc...ing-020909.pdf
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  #7 (permalink)  
Old 03-04-2009, 10:28 AM
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Default Cir 2009 ?

Are they gearing up for CIR 2009 ?

Otherwise why would they make it effective immediately ?

-- my speculation
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  #8 (permalink)  
Old 03-04-2009, 10:49 AM
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Default

We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
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  #9 (permalink)  
Old 03-04-2009, 11:06 AM
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Default

Quote:
Originally Posted by WaitingForMyGC View Post
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
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  #10 (permalink)  
Old 03-04-2009, 12:01 PM
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Default

These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.
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  #11 (permalink)  
Old 03-04-2009, 12:44 PM
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Default

So much for the Obama administration being good for Legal EB immigrants
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  #12 (permalink)  
Old 03-04-2009, 12:55 PM
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Default

Ok..is there a way to check if your name check has been cleared...i tried callin USCIS and the customer rep doesnt seem to have a clue..
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  #13 (permalink)  
Old 03-04-2009, 07:58 PM
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Default

It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
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  #14 (permalink)  
Old 03-04-2009, 08:59 PM
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Default FP check?

Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

Thanks!
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  #15 (permalink)  
Old 03-04-2009, 09:09 PM
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Default

Interesting link, thanks for posting , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo )

Quote:
Originally Posted by bkarnik View Post
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
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