One-Year Aniversary! What should I do now? (Name Check)

[gc-despo]

It gets better. My company REALLY wants me to move from one city to another. If I moved, I'd fall under a different district office. Then I'll either (a) have to move the file from one district office to another (read - it will get lost enroute) or (b) withdraw the application and refile at the new place. So, I'm either looking at forgoing a promotion and a raise or at losing another 7-8 months and then running into the same name check problem again. Good choices, huh?

Take the promotion and raise, move to the new city, and then re-file. Do you have a compelling reason to become a US citizen, such as marriage to someone back home, or sponsoring your parents for green card. If not with your green card, you basically have parity with USC, so you can slowly reapply for USC once you have relocated.

 

[bashar82]

I read an article which stated that in some cases they request the help of foreign governments/agencies during the namecheck process. I posted the article several months back under the Namecheck thread/

 

[RealSuperK]

By the way, tried to check the status online today and got the following message

"The status for this Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center."

Is this normal for people with a name check pending?

K

 

[shadeshi]

Slow Jedi,

Are you from a muslim country or do you have a muslim sounding name? I am trying to see if there is a pattern and people with muslim names are getting stuck in the name check black hole.

I heard stories that people from muslims countries with muslim names got name check (security clearance/background check) and nothing happened for more than 3 years.

 

[wafr]

It gets better. My company REALLY wants me to move from one city to another. If I moved, I'd fall under a different district office. Then I'll either (a) have to move the file from one district office to another (read - it will get lost enroute) or (b) withdraw the application and refile at the new place. So, I'm either looking at forgoing a promotion and a raise or at losing another 7-8 months and then running into the same name check problem again. Good choices, huh?

Dude, I hear you. The reasons are different, but the end result is pain for the little people.

 

[wafr]

By the way, tried to check the status online today and got the following message

"The status for this Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center."

Is this normal for people with a name check pending?

K

Yeah, I had that helpful message for close to a year now. That system is a joke anyway. USCIS claims everything is fine, just waiting for name check.

 

[RealSuperK]

Spoke with the local immigration center this morning. She told me that they have a lot of people waiting for the name check for 1-2-3 years. I asked her to check since when my name check has been pending to which she replied "Since March '05. It hasn't even been a year yet!" I guess I should feel better and wait till March '06 to start worrying. Hell, maybe even March '08! Although the official web site does say that they are processing applications with December 19, 2004 PD which is a couple of months prior my PD. I guess I'll go ahead and wait till at least my PD becomes current before I really start bitching.

 

[soccer101]

Spoke with the local immigration center this morning. She told me that they have a lot of people waiting for the name check for 1-2-3 years. I asked her to check since when my name check has been pending to which she replied "Since March '05. It hasn't even been a year yet!" I guess I should feel better and wait till March '06 to start worrying. Hell, maybe even March '08! Although the official web site does say that they are processing applications with December 19, 2004 PD which is a couple of months prior my PD. I guess I'll go ahead and wait till at least my PD becomes current before I really start bitching.

realSuperK,
if I remember right, you had a receipt similar to mine - 450 days wait time. I have a similar notice - 470 days. Hope this is not the notice format for people with name check initiated.

 

[RealSuperK]

realSuperK,
if I remember right, you had a receipt similar to mine - 450 days wait time. I have a similar notice - 470 days. Hope this is not the notice format for people with name check initiated.

Hm, an interesting thought. But as I think back, I doubt that is the case. I filed my paperwork on Feb. 9th, got the reciept around Feb. 22nd. The name check has been pending since March. Unless they run a preliminary name check in the two weeks between Feb. 9th and Feb. 22nd (and we all know that such fast pace of work is unheard of for USCIS), I doubt the days on the notice have anything to do with the name check.

I've read about some cases where the name check was completed, sent to USCIS and USCIS somehow managed to lose it. THAT is what I'm worried about the most, especially since FBI has a 6 month backlog of answering to inquries about name checks. That's pretty funny though. I wonder what our customers would say if we delivered info to them 6 months after they asked for it....

 

[Vmlnj]

Next week will be exactly one year since my naturalization interview (San Diego, CA). I've been waiting for this whole year for my name re-check to come back from FBI. I wrote a letter to FBI, they started a FOIP case, never got any response (five months ago), asked a local Congressman to get involved, they wrote letters to BCIS, who sent them a pre-printed "buzz-off" letter stating that the case is with FBI and nothing they can do. The Congressman since than hasn't done anything else (three months ago). My immigration attorney has no clue what to do at this point. Me neither, I'm just sick and tired of waiting! I don't expect any surprises from FBI name check, I've been in this country for 15 years, the only reason my file went back for the name check was because the interviewing officer wanted to change one letter in my last name and I didn't know better (thank you Mr. immigration attorney) to say no and just stay with the name as it was in the file. Crap!!

Any bright ideas? Any help? Any light in the end of the tunnel?

I'm in same situation:
Name ends with "sky"
15 years in the country.
They didn't respond on numerous "Privacy act requests"
2 years and 6 month waiting for name check.
Maybe it is because a country I left from doesn't exists anymore. On my greencard it says USSR, but since I lost citizenship I keep puting NONE on applications, but at fingerprint office they don't have option to put NONE in the computer, so they put RUSSIA as country of current citizenship. I was told it is closest option.
The only way to expedite name check is to file "Writ of Mandamus", but cost is almost prohibitive.

 

[SlowJedi]

The only way to expedite name check is to file "Writ of Mandamus", but cost is almost prohibitive.

How much is "prohibitive"??? Any rough estimate? How long do I have to wait before I can file???

 

[Vmlnj]

How much is "prohibitive"??? Any rough estimate? How long do I have to wait before I can file???

Well. I used a wrong word; actually it is prohibitive in my situation, since it is 2 1/2 years already my name check was initiated, so soon results will be available anyway. I don't feel like paying about $3500 just to file and then $300 per hour if atty have to appear in court.
BTW I knew that my last name would be "HIT" anyway and need for manual review would be necessary.
I did couple of FOIPA requests, but no answer at all, I guess they have something on my file they don't want to show me.
Are you familiar with name check procedure?
If not, I can explain it to you, let me know.
Anyway, if you ever been arrested, detained or otherwise restrained by law enforcement, even if never convicted and record was expunged there is still record in FBI computer and it is requres manual review, since your name was "HIT".
Even if investigation is not directly related to you.
As example. My friend was arrested by FBI(it even made a story in newspapers) for some financial stuff. FBI was watching him for at least 8 month before his arrest. During this time we went together 3 times to Vegas and 2 to L.A.
I have to be very naive, to belive that my name is not linked to his record.There is absolutely nothing seriuos for me, but they have to manually check files before completing name check request.FBI, KGB... different names, same principles.
You can file writ of mandamus if there is no decision within 120 days after interview, but there are some mixed result lately. 99% of cases are successful, while rest of them being argued by INS attorneys, that requred 120 days period doesn't start until FBI name check is complete. It depends on state where you live. NorthEast has very high success rate in writ of Mandamus, while midwest is mixed.
If you need any info read this thread
http://www.immigrationportal.com/showthread.php?t=136848
explains everything good.
or this http://www.fbi.gov/congress/congress03/garrity071003.htm
I read couple of your posts. I think exactly same way, but I have to disagree on one thing. Most likely they do have something on file for you. Although you exercising a free speech, they keep eye on people like this.

 

[RealSuperK]

Anyway, if you ever been arrested, detained or otherwise restrained by law enforcement, even if never convicted and record was expunged there is still record in FBI computer and it is requres manual review, since your name was "HIT".
Even if investigation is not directly related to you.
As example. My friend was arrested by FBI(it even made a story in newspapers) for some financial stuff. FBI was watching him for at least 8 month before his arrest. During this time we went together 3 times to Vegas and 2 to L.A.
I have to be very naive, to belive that my name is not linked to his record.There is absolutely nothing seriuos for me, but they have to manually check files before completing name check request.FBI, KGB... different names, same principles.

Yeah, I bet that's pretty much why my stuff is delayed. It didn't occur to me, until I read up the procedures of the name check. Here is the story.

5 years ago I got a phone call from FBI, asking me to set up a meeting with the local FBI office. We had a chat, during which it turned out that they were investigating Russians in St. Louis for possible connections to the Russian mob. After they told me the story of my life (literally, even told me the name of my friend's girlfriend who they mistaken for my girlfriend), and I filled in the little that they hadn't known already, they let me go. The guy had several pages of questions but had to skip 80% of them (if not more) simply because I couldn't tell him anything even if I wanted to. I left Russia when I was 12 and even the Russian mob doesn't recruit at that age. It also turned out that they had tracked me for 4 years before they called me up. Mind you, that was between 1996 and 2000, long before the national security craze. What possesed them to waste that much time on me, I don't know, especially if you consider that I was 19 years old in 1996.

Oh, and my last name ends with "ov". I have blond hair and blue eyes. So, at least they aren't profiling, that makes me feel sooooooooooooooo much better! Yiiiiipiiiiieeee!

K

P.S. Maybe I should write a book or something

 

[SlowJedi]

BTW I knew that my last name would be "HIT" anyway and need for manual review would be necessary. I did couple of FOIPA requests, but no answer at all, I guess they have something on my file they don't want to show me.

I read couple of your posts. I think exactly same way, but I have to disagree on one thing. Most likely they do have something on file for you. Although you exercising a free speech, they keep eye on people like this.

Vmlhj, how did you know that you had a "HIT"? Did you just realize it yourself after that friend's arrest? or was it something else? I filed a couple of FOIPA's, and never got a squeek out of them. I'm not sure what can they have on me, I never was arrested, just a couple of speeding tickets, that's all. Never was associated with any groups or individuals that were under the investigation or anything?

Thanks for the info, if it's only $3,500 to file and hourly, I wouldn't mind going this way, especially if the chance is 99%. Pretty good odds, in my opinon. It's a small price for certaintly and piece of mind. I'm on the west coast, btw.


Thanks again.

 

[Vmlnj]

Vmlhj, how did you know that you had a "HIT"? Did you just realize it yourself after that friend's arrest? or was it something else?.

if you read FBI link it says "The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery"
It takes about 2 - 2 1/2 years, before someone manually researches your file. Once your name is "HIT" it goes on someone's desk, box of doughnuts on top of it... and you said the rest

Thanks for the info, if it's only $3,500 to file and hourly, I wouldn't mind going this way, especially if the chance is 99%. Pretty good odds, in my opinon. It's a small price for certaintly and piece of mind. I'm on the west coast, btw.

You have very good chance, just make sure your attorney have experience with Writ.
But make couple of infopass appointments too, just to show that you were trying all possible ways before resorting to lawsuit. BTW it rarely ends up in court, after INS served with Writ it has 30 days to answer in the court. Internal memo says that in case of Writ of Mandamus they have to expedite your name check, and by day 28 your attorney receives a fax showing when your Oath scheduled for, unless they have something to decline your application, but anyway Name check is resolved by that time.
Good luck.

 

[ovm3007]

From reading posts on this and other threads, on can surmise that Russian passport holders are, among a few other nationality groups, subject to extra security checks during immigration process. I found an interesting nota bene on several US embassy websites in eastern Europe and former Soviet republics for persons intending to do DCF (Direct Consular Filing) for spousal immigration. See for examble, http://warsaw.usembassy.gov/poland/Fiance_Visas.html
"NVC performs a namecheck that requires a reply from the FBI. This namecheck is usually completed within ten days, but some cases take substantially longer. If the beneficiary holds a Russian passport, an additional namecheck procedure taking one month or more is done."

God, keep us safe from the "ADDITONAL NAMECHECK PROCEDURE"!

I've also been stuck in namecheck process for five months now for my AOS. I've lived outside of Russia for longer than ten years.

 

[PRUSA]

Сказка про Мальчиша-Кибальчиша и Неймчек

-- Нет, Главный Буржуин, не открыл нам Мальчиш-Кибальчиш Военной Тайны. Рассмеялся он нам в лицо.
-- Есть, -- говорит он, -- и могучий секрет у крепкой Красной Армии. И когда б вы ни напали, не будет вам победы.
-- Есть, -- говорит, -- и неисчислимая помощь, и сколько бы вы в тюрьмы ни кидали, все равно не перекидаете, и не будет вам покоя ни в светлый день, ни в темную ночь.
-- Есть, -- говорит, -- и глубокие тайные ходы. Но сколько бы вы ни искали, все равно не найдете. А и нашли бы, так не завалите, не заложите, не засыплете. А больше я вам, буржуинам, ничего не скажу, а самим вам, проклятым, и ввек не догадаться.
Нахмурился тогда Главный Буржуин и говорит:
-- Сделайте же, буржуины, этому скрытному Мальчишу-Кибальчишу самую страшную Муку, какая только есть на свете – сделайте ему «хит» на нэймчеке.

 

[Steve_Houston]

Agent showed up at my work, supposely to give me keys to my car(friend was driving it) and asked me if I can tell them anything. My reply was "I don't know anything", but he told me that it is not true. Well I declined any further questioning, but if you read FBI link it says "The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery"
It takes about 2 - 2 1/2 years, before someone manually researches your file. Once your name is "HIT" it goes on someone's desk, box of doughnuts on top of it... and you said the rest

You have very good chance, just make sure your attorney have experience with Writ.
But make couple of infopass appointments too, just to show that you were trying all possible ways before resorting to lawsuit. BTW it rarely ends up in court, after INS served with Writ it has 30 days to answer in the court. Internal memo says that in case of Writ of Mandamus they have to expedite your name check, and by day 28 your attorney receives a fax showing when your Oath scheduled for, unless they have something to decline your application, but anyway Name check is resolved by that time.
Good luck.

A small correction to the timing, the government has 60 days to answer, not 30 days. Most of the time, they will ask for another 30 days extension in agreement with your lawyer, which is a very good signing meaning that they want the extra time to resolve it out of court. For Writ of Mand. on N-400 the average of the 40 cases I researched is 3.5 months, the minmum is 25 days, the mean max is 6 months.

Thanks
Steve

 

[SlowJedi]

For Writ of Mand. on N-400 the average of the 40 cases I researched is 3.5 months, the minmum is 25 days, the mean max is 6 months.

Steve, very valuable info, thanks. Can you clafiry: this 3.5 is the time from filing until swearing? or initial answer? or what? Thanks again.

 

[Steve_Houston]

That is the average time to receive the oath letter