FBI Namechk n FOIA - Comparison n Filing Instructions

[a_usc]

Wth the increasing interest in FOIA of late n wth more n more people getting bitten by tht dreaded namechk bug, I thot it mite be useful to share my knowledge on the topic by putting it in a thread. I've recently recvd. many an email n PMs with ques. related to FOIA - most I've ans, sum I mite've missed. Hopefully this thread wud serve the intrigue for FOIA n provide sm guideline to help ppl decide if they wanna file.

Attacd are the docs - 2 of which I found on (I blv) citizenship forum here, the first one explains the namechk process n the second one has a comparison between namechk n foia process. Plz be advised tht sum info in these two docs mite be outdated n obsolete, so plz use judgement in acting upon it.

My personal experience n opinion abt foia n namechk - Around the same time as I filed the 485, I started hearing n reading more n more abt the namechk. Finally just abt a few weeks ahead of my interview, I decided to file foia. On Jun 3rd, I saw an LUD change on my 485, then on Jun 5th, I received a letter frm FBI, notifying me tht they didn't find ne records for me. I started believing tht the LUD change was the namechk complete - led to, by the foia request. But to be honest - there's no proof tying these both - so, I don't really know if foia actually helps expediting the namechk - I take it as tying a blk thread around ur arm for luck- sum may blv it others may not. If it works good, if it doesn't well then u'd know. I filed it cuz Id never heard of a blk thread causing ne harm (No I dun wear a blk thread).

The other 2 docs are the actual foia form (this is the one I used) n the filing instructions.

Notes on filing FOIA

• The form doesn't need to be notarized, but it shud be signed n dated.
• Along with name, u may also provide ur place of birth, date of birth n ssn.
• When mentioning ur name - give all the names u given in ur 485 form.
• U shud put the amt tht u're willing to pay, shud there be any cost associated with performing foia requested by u. Dont send any money/check - just put the amt. I had put just 50 bucks, but didn't have to pay ne thing.
• For purpose u may put 'personal use' or wutever u think is rite.
• At the bottom of the page whr it asks for additional comments - put the following statement -
  

  Under penalty of perjury, I hereby declare that I am the person named above and I understand that any falsification of this statement is punishable under the provisions of Title 18, United States Code (U.S.C.), Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years, or both; and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of Title 5, U.S.C., section 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000.

Namecheck FAQ from FBI website
http://www.fbi.gov/page2/nationalnamecheck.htm

Good luck ev one with ur LPR process.

PS: This post is by a_usc's spouse

[patty579]

Wow, thanks a_usc that's very very helpful!
I haven't sent mine out yet, which is good, because I forgot about that statement.

Well thanks again!!

[UnionJax]

The only problem I have with doing this is the amount I'm willing to pay. I don't have loads of cash lying around right now, so what should I put? too much and I lose money, too little and they might not process the form..am I correct?

Anyway, my wife and I have agreed to give it a few weeks, if nothing happens I'll have to really consider doing this. Thanks a_usc

[ip_everywhere]

The only problem I have with doing this is the amount I'm willing to pay. I don't have loads of cash lying around right now, so what should I put? too much and I lose money, too little and they might not process the form..am I correct?

Anyway, my wife and I have agreed to give it a few weeks, if nothing happens I'll have to really consider doing this. Thanks a_usc

Ya well thats a very good question. a_usc, if you don;t mind can you tell us what did you put down, as "money willing to pay"
What is the significance of this figure????
Thanks

[indiimmi]

On reading this thread I have 2 Questions.First of all I would really appreciate if anyone who has gone through this process of the FOIA request would kindly suggest what would be a reasonable amount to pay for the Name check.Secondly as Unionjax was mentioning in his thread that too little money they might not process the form - Is that true.Any input with regards to this would be appreciated.

[mohit_chopra1]

Thanks a lot a_usc. As everyone asked you in the previous post, can you please throw some light on the fees. Also does anyone know when this fees can be waived. There is one section where you can give reason for fees to be waived. Thanks.

[siri80]

Thanks a_usc. I already filed my foipa and i forgot to put the amount. you think it will be a problem. Also after filing Foipa, how many weeks did it take for u to get the reply for them. I filed 2 weeks ago and i don;t have a reply yet. you think I shud file again. Thanks

[a_usc]

I guess tht was a crucial detail I missed out in the post (I've added it now)- I had put $50, but didn't hv to pay nething. FOIA is free - but certain serach may incur some cost to FBI n they wanna know tht u will cover tht cost shud it be incurred. I dunno whether $50 wud've been enuff or not, I was willing to pay just this much. My objective was to get this foia going n hope tht it initiates or kindda dominoes into namechk - though with my last name, I didn't expect to find many out there.

Lemme know if u hv ne further ques. Good luck guys.

[a_usc]

Thanks a_usc. I already filed my foipa and i forgot to put the amount. you think it will be a problem. Also after filing Foipa, how many weeks did it take for u to get the reply for them. I filed 2 weeks ago and i don;t have a reply yet. you think I shud file again. Thanks

Siri - not mentioning the amt (as per my understanding) shudn't really cause a prob unless performing foia for u results into some cost to fbi. I do not know exactly wuts the procedure - but if I were performing a chore for u, which I began thinking it wudn't cost me ne thing n then it turns out to cost me $X, I mite just stop it rite there n get bk to u saying tht - I found tht performing ur request will cost me $$ n since u didn't tell me tht u wud pay the expenses, I stopped the search in the middle. If u want to still perform this request, plz file a new application (or reply to this letter with the amt u're willing to pay). The loss here is the delay it will cause in fulfilling ur foia request.

[siri80]

a_usc..Thank you for the suggestion. I guess I will wait for 1 more week and file it again with the amount .

[ari4u]

thanks for the informative post. I will add this link to the FAQ.

[ndc121]

Thanks for the great information!

How long do they take to reply?

[a_usc]

Ari - thx. I was gonna ask u to put a link to this post in ur AOS timeline thread.

ndc - I got a response frm FBI in abt a little more than 2 weeks.

[shahpr787]

Hi a_usc,

Couple of quick questions (some of them might be stupid)

-- Is there a difference between FOIPA and FOIA - I seem to get confused reading all the links and articles

-- Did you actually print out the form and send them by snail mail or did u just use the email button? Just curious to know which method is better.

Thanks

[a_usc]

Hi Shah,

1. Its the same thing - its actually - Freedom of Information and Privacy Act.
2. I printed the appln after filling it out online, signed it and sent it thru the snail mail.

Lemme know if u have ne further questions n Good Luck.

[shahpr787]

Hi a_usc

Thanks for the info. Will pm you if need any more information

[zoelee]

Hi a-usc, I just mailed out my FOIPA request letter yesterday then I saw your posting about the fee

needless to say I didn't include any $

now how long should I wait to mail another letter with the $? some says it takes a couple of months to get reply, some says 10 days.

if i send another letter with the $ before receiving the reply to my first letter (assuming they WILL reply), will two letters confuse them? we all know how easily they get confused

[asylee01]

I got my form ready to be mailed today but i just have one quick question:
what's the next step after receiving response from FBI in both cases:
1- there is a hit
2- no hit.
and how do we go from there?
i know you can start suing the CIS if there is no hit but what if there is a " clamied hit"?
any help would be appreciated

[ash07]

What is the purpose and subject that I need to enter if requesting for FOIPA .Should it be left blank.

Thanks
Ash