2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
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Name Check Article from Washington Post
Some Would-Be Citizens Languish For Years in Security-Check Limbo
By Mary Beth Sheridan
Washington Post Staff Writer
Monday, February 7, 2005; B01
Rafed al Janabi, an Iraqi refugee living in Gaithersburg, was so grateful for the overthrow of Saddam Hussein that he quit his restaurant job and joined the U.S. Army. He was sent last year to Iraq to translate for a Special Forces unit.
But he soon ran into an obstacle. Janabi lacked a clearance for classified work, something available only to U.S. citizens. To qualify for citizenship, he simply needs to pass a routine security check -- but it has dragged on for nearly two years.
"I don't see any point. I'm holding a gun in my hand, defending this country. And I can't be a citizen?" asked Janabi, who said he was excluded from many Special Forces missions because of his lack of a clearance.
Janabi is one of a small but growing number of people facing extreme delays in becoming citizens or permanent residents, according to immigrant advocates. People from Arab and Muslim countries appear to be especially affected, many said.
It is occurring even as the overall backlog for immigration documents is shrinking. On average, it takes eight months to be naturalized, down from 14 months in October 2003, according to an immigration spokesman. But those whose names trigger a "hit" in the security check can be stuck in limbo for years.
Authorities say they have no alternative but to fully investigate when an applicant's name resembles one in the government's security databases. They note that they have been heavily criticized in the past when terrorists slipped through the system and gained immigration benefits.
"We will not compromise national security in the name of speeding someone through the application process," said Chris Bentley, a spokesman for U.S. Citizenship and Immigration Services, part of the Department of Homeland Security.
Immigrant advocates agree that dangerous people should not obtain citizenship. But they say many longtime U.S. residents with no ties to terrorism are being caught up in a poorly operating system.
"They're people who have nothing in their background that would require additional time. I do believe it's a glitch," said Dawn M. Lurie, an immigration lawyer in the Washington area.
Janabi said he is a case in point. He was brought to this country by the U.S. government as a refugee in 1995, after he fled Iraq. He is married to a Marine. When Janabi heard in 2003 that the Army was recruiting Arabic speakers as interpreters, he decided to volunteer, along with Iraqi friend Kadhim al Kanani, 35, of Centreville.
"We said: 'Sure. America helped us liberate our country. It's time to show appreciation,' " said Janabi, 34, who like Kanani is a private first class.
Typically, immigrants can file for citizenship after living for five years in the United States as legal permanent residents. Most eligible applicants become U.S. citizens within a few months of successfully completing an English-language and civics test. Janabi passed his citizenship exam in March 2003, and Kanani in October 2003, the men said.
But when they shipped out to Iraq in October 2004, their naturalization was still on hold because of the background checks. The men were puzzled, because they had passed an FBI security check to join the military.
They soon realized how frustrating it can be to lack citizenship. Janabi and Kanani said they could not join many Special Forces missions because they did not have security clearances. (A Special Forces spokesman, Maj. Rob Gowan, confirmed the men's service but declined further comment.) While citizenship is only one step in getting a clearance, the men were stung that they could not even begin the process.
"I will be helping more, and can do a better job, when I have this clearance. We're in the U.S. Army. We're fighting for this country," said Janabi, who said he faced gunfire and rocket attacks in Iraq.
"I don't understand what's a name check. How can it take two years?" he said.
Immigration authorities insist that they are not singling out any nationality for extra scrutiny. But they note that people with common names -- like many from the Middle East -- are more likely to get a match in the databases of records from dozens of federal agencies.
Authorities also check variations of applicants' names, especially those transliterated from non-Roman alphabets, which further raise the chances of a hit. Someone with a long Arab name could be entered in dozens of ways. Bill Yates, a top official at the citizenship service, said an investigation after the Sept. 11, 2001, terrorist attacks showed why such checks were necessary: Officials found 255 versions of the hijackers' names and birth dates in identity and immigration records, he said.
"Since the 9/11 attacks, we started to go through the records and say: 'This was our experience with the 19 [hijackers]. We've got to do more,' " he said.
When there is a hit, the investigation can last months or years, with FBI agents at times having to manually dig through files across the country. Officials said intelligence information is sometimes so fragmentary that it is hard to determine whether it involves the same person. But they do not want to risk making the wrong judgment.
Only about 5 percent of name checks take longer than a few days, officials said. But they involve thousands of people. In the Arlington immigration office, which handles D.C. and Virginia residents, 420 would-be citizens are awaiting the results of security checks, said Bentley, the spokesman. In the Baltimore office, 780 are waiting, he said.
Some cases are slowed by yet another measure. In late 2002, immigration authorities decided to rerun about 2.6 million applications through the FBI security databases because the initial checks had not been thorough enough, Yates said. Thousands of immigrants seeking citizenship and other benefits await their second check.
Some immigrant advocates said U.S. authorities appear to be scrutinizing applicants so closely that they get meaningless hits.
"The system is a fiasco. It is antiquated. It involves hand searches that are like looking for a needle in a haystack," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law in Los Angeles.
According to immigration law, would-be citizens are supposed to get an answer on their applications within 120 days of passing their exam, lawyers said. At least four lawsuits have been filed in the past year asking federal courts to intercede for people who have waited longer, many of them from Muslim and Arab countries.
"If there were some serious evidence against someone . . . let's put them in deportation proceedings," said Robert Gibbs, a Seattle lawyer involved in two of the cases, which are pending.
But in many cases, he said, "nothing happens. Which suggests [officials] don't have anything negative. They can't find enough to give them a comfort level that this guy's not going to do something wrong."
In one example of the system's arbitrariness, he said, he discovered that one of his clients, an Indian software specialist, had been flagged with a "Code T," for terrorist, in a security database. It turned out that a customs official had simply entered that designation because terrorist groups have operated in India, Gibbs said.
However, one of the other lawsuits filed by applicants illustrates the government's concerns. In that case, brought in Boston by a Libyan, federal prosecutors said the man was being investigated because of his ties to a group associated with Osama bin Laden.
Immigrant advocates say, however, that many people caught up in the delays clearly have no relation to terrorism. For them, the wait can be frustrating and costly.
"You know how many opportunities I lost to work as a translator?" asked Fatin Hannaney, 48, an Iraqi who lives in Fairfax County. She applied for citizenship in 2001 and has encountered the security-check delays. She said she wanted to work for the FBI but had to be a citizen.
Janabi and Kanani appear to be particularly unlucky. The U.S. military typically offers an expedited path to citizenship. But the Iraqis said they were told that the Army could not help them because their applications were in the system when they joined.
"I sacrifice myself and my family to fight for this country," Janabi said. "But now I feel really down."
Some Would-Be Citizens Languish For Years in Security-Check Limbo
By Mary Beth Sheridan
Washington Post Staff Writer
Monday, February 7, 2005; B01
Rafed al Janabi, an Iraqi refugee living in Gaithersburg, was so grateful for the overthrow of Saddam Hussein that he quit his restaurant job and joined the U.S. Army. He was sent last year to Iraq to translate for a Special Forces unit.
But he soon ran into an obstacle. Janabi lacked a clearance for classified work, something available only to U.S. citizens. To qualify for citizenship, he simply needs to pass a routine security check -- but it has dragged on for nearly two years.
"I don't see any point. I'm holding a gun in my hand, defending this country. And I can't be a citizen?" asked Janabi, who said he was excluded from many Special Forces missions because of his lack of a clearance.
Janabi is one of a small but growing number of people facing extreme delays in becoming citizens or permanent residents, according to immigrant advocates. People from Arab and Muslim countries appear to be especially affected, many said.
It is occurring even as the overall backlog for immigration documents is shrinking. On average, it takes eight months to be naturalized, down from 14 months in October 2003, according to an immigration spokesman. But those whose names trigger a "hit" in the security check can be stuck in limbo for years.
Authorities say they have no alternative but to fully investigate when an applicant's name resembles one in the government's security databases. They note that they have been heavily criticized in the past when terrorists slipped through the system and gained immigration benefits.
"We will not compromise national security in the name of speeding someone through the application process," said Chris Bentley, a spokesman for U.S. Citizenship and Immigration Services, part of the Department of Homeland Security.
Immigrant advocates agree that dangerous people should not obtain citizenship. But they say many longtime U.S. residents with no ties to terrorism are being caught up in a poorly operating system.
"They're people who have nothing in their background that would require additional time. I do believe it's a glitch," said Dawn M. Lurie, an immigration lawyer in the Washington area.
Janabi said he is a case in point. He was brought to this country by the U.S. government as a refugee in 1995, after he fled Iraq. He is married to a Marine. When Janabi heard in 2003 that the Army was recruiting Arabic speakers as interpreters, he decided to volunteer, along with Iraqi friend Kadhim al Kanani, 35, of Centreville.
"We said: 'Sure. America helped us liberate our country. It's time to show appreciation,' " said Janabi, 34, who like Kanani is a private first class.
Typically, immigrants can file for citizenship after living for five years in the United States as legal permanent residents. Most eligible applicants become U.S. citizens within a few months of successfully completing an English-language and civics test. Janabi passed his citizenship exam in March 2003, and Kanani in October 2003, the men said.
But when they shipped out to Iraq in October 2004, their naturalization was still on hold because of the background checks. The men were puzzled, because they had passed an FBI security check to join the military.
They soon realized how frustrating it can be to lack citizenship. Janabi and Kanani said they could not join many Special Forces missions because they did not have security clearances. (A Special Forces spokesman, Maj. Rob Gowan, confirmed the men's service but declined further comment.) While citizenship is only one step in getting a clearance, the men were stung that they could not even begin the process.
"I will be helping more, and can do a better job, when I have this clearance. We're in the U.S. Army. We're fighting for this country," said Janabi, who said he faced gunfire and rocket attacks in Iraq.
"I don't understand what's a name check. How can it take two years?" he said.
Immigration authorities insist that they are not singling out any nationality for extra scrutiny. But they note that people with common names -- like many from the Middle East -- are more likely to get a match in the databases of records from dozens of federal agencies.
Authorities also check variations of applicants' names, especially those transliterated from non-Roman alphabets, which further raise the chances of a hit. Someone with a long Arab name could be entered in dozens of ways. Bill Yates, a top official at the citizenship service, said an investigation after the Sept. 11, 2001, terrorist attacks showed why such checks were necessary: Officials found 255 versions of the hijackers' names and birth dates in identity and immigration records, he said.
"Since the 9/11 attacks, we started to go through the records and say: 'This was our experience with the 19 [hijackers]. We've got to do more,' " he said.
When there is a hit, the investigation can last months or years, with FBI agents at times having to manually dig through files across the country. Officials said intelligence information is sometimes so fragmentary that it is hard to determine whether it involves the same person. But they do not want to risk making the wrong judgment.
Only about 5 percent of name checks take longer than a few days, officials said. But they involve thousands of people. In the Arlington immigration office, which handles D.C. and Virginia residents, 420 would-be citizens are awaiting the results of security checks, said Bentley, the spokesman. In the Baltimore office, 780 are waiting, he said.
Some cases are slowed by yet another measure. In late 2002, immigration authorities decided to rerun about 2.6 million applications through the FBI security databases because the initial checks had not been thorough enough, Yates said. Thousands of immigrants seeking citizenship and other benefits await their second check.
Some immigrant advocates said U.S. authorities appear to be scrutinizing applicants so closely that they get meaningless hits.
"The system is a fiasco. It is antiquated. It involves hand searches that are like looking for a needle in a haystack," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law in Los Angeles.
According to immigration law, would-be citizens are supposed to get an answer on their applications within 120 days of passing their exam, lawyers said. At least four lawsuits have been filed in the past year asking federal courts to intercede for people who have waited longer, many of them from Muslim and Arab countries.
"If there were some serious evidence against someone . . . let's put them in deportation proceedings," said Robert Gibbs, a Seattle lawyer involved in two of the cases, which are pending.
But in many cases, he said, "nothing happens. Which suggests [officials] don't have anything negative. They can't find enough to give them a comfort level that this guy's not going to do something wrong."
In one example of the system's arbitrariness, he said, he discovered that one of his clients, an Indian software specialist, had been flagged with a "Code T," for terrorist, in a security database. It turned out that a customs official had simply entered that designation because terrorist groups have operated in India, Gibbs said.
However, one of the other lawsuits filed by applicants illustrates the government's concerns. In that case, brought in Boston by a Libyan, federal prosecutors said the man was being investigated because of his ties to a group associated with Osama bin Laden.
Immigrant advocates say, however, that many people caught up in the delays clearly have no relation to terrorism. For them, the wait can be frustrating and costly.
"You know how many opportunities I lost to work as a translator?" asked Fatin Hannaney, 48, an Iraqi who lives in Fairfax County. She applied for citizenship in 2001 and has encountered the security-check delays. She said she wanted to work for the FBI but had to be a citizen.
Janabi and Kanani appear to be particularly unlucky. The U.S. military typically offers an expedited path to citizenship. But the Iraqis said they were told that the Army could not help them because their applications were in the system when they joined.
"I sacrifice myself and my family to fight for this country," Janabi said. "But now I feel really down."
I agree with those who say "Do everything you can to get your GC", like contacting congressman, calling VSC/NSC/FBI, sending status inquiry etc.
I do not want to imply that call VSC every other day but do as needed. Like in our cases, I called VSC when required and also sent in expedite request, but I never called FBI to ask for my FP. I did not send in a request to FBI to find out my name check status because our cases were not delayed so much that I would think it is name check issue.
I do not agree with the statement that "USCIS knows better". May be but not always. If they had known better, they would not have sent my wife's case to (cold) storage instead of reopening it after MTR. This happened to so many other people also (BRFA for example). They (USCIS officers) are also humans, and we all know humans do make mistakes. That's why we some times need to followup on our case.
So use your own judgement in contacting these agencies, but do not just sit and wait for years.
If interested, my case details are in the thread in the signature.
I do not want to imply that call VSC every other day but do as needed. Like in our cases, I called VSC when required and also sent in expedite request, but I never called FBI to ask for my FP. I did not send in a request to FBI to find out my name check status because our cases were not delayed so much that I would think it is name check issue.
I do not agree with the statement that "USCIS knows better". May be but not always. If they had known better, they would not have sent my wife's case to (cold) storage instead of reopening it after MTR. This happened to so many other people also (BRFA for example). They (USCIS officers) are also humans, and we all know humans do make mistakes. That's why we some times need to followup on our case.
So use your own judgement in contacting these agencies, but do not just sit and wait for years.
If interested, my case details are in the thread in the signature.
Hi Eric
Om SAI RAM
Hi Eric,
You mentioned something "Expedite request". What it means and how can we do that.I want to do as we are waiting for I140 decision for last two months after submitting I290B.They mentioned that it will take 30 to 180 days in the receipt that we received.Mean time My H1 is expering on Aug 1st and I have to move to H4. I called three times to VSC directly and they mentioned each time it will tale 2 to 3 weeks.But nothing happened.
Do I really need to scare because of processing is getting delaying.Please advise.
Thanks
karunakar
Om SAI RAM
Hi Eric,
You mentioned something "Expedite request". What it means and how can we do that.I want to do as we are waiting for I140 decision for last two months after submitting I290B.They mentioned that it will take 30 to 180 days in the receipt that we received.Mean time My H1 is expering on Aug 1st and I have to move to H4. I called three times to VSC directly and they mentioned each time it will tale 2 to 3 weeks.But nothing happened.
Do I really need to scare because of processing is getting delaying.Please advise.
Thanks
karunakar
EricS said:
karurama said:
If 290B goes to AAO, it will take time in terms of few months, like EB3 is 14 months right now. Expedite request will not help in this regard. All you can ask VSC is that if they took any action on 290B or forwarded it to AAO.
You can find AAO processing times at this link:
http://www.immigration.com/processing-times/aao.html
Here is the detail for sending expedite request just in case you need it.
Following is the info from USCIS.gov at this link http://uscis.gov/graphics/fieldoffices/vermont/aboutus.htm#anchorCONTACT
"General Expedite Procedures By Fax
The VSC has always been strict with respect to approving requests for special processing. Individuals who are seeking expeditious handling can FAX the Center at (802) 527-4816 to request an expedite.
The fax line is available 24 hours a day. Expedite requests are reviewed Monday through Friday from 8:00AM to 4:00 PM."
Find out if case is in VSC or AAO, if AAO then you will have to wait. In that case, apply another 140 on same LC with new evidence.
mailgc2001
Registered Users (C)
Congrats
Congrats palmighty and waitjuly2001.
Congrats palmighty and waitjuly2001.
Congrats
Congrats! Thanks for your wishes. Seems to be 14 day turnaround after receipt. Hope all the pending cases get approved.
RRCREDDY4 the Crep was not helpful today. Might try my luck later it things dont work out Hopefully we will get our stuff in the next few days
palmighty said:
Congrats! Thanks for your wishes. Seems to be 14 day turnaround after receipt. Hope all the pending cases get approved.
RRCREDDY4 the Crep was not helpful today. Might try my luck later it things dont work out Hopefully we will get our stuff in the next few days
485 Approved !!!!!
I got around 50 emails with 485 APPORVAL messsges for me, spouse and kid.
I start receiveng emails just few minuts back!!!!!!!!!!
This forumis rellay veeeeeeeeeeeeeeery helpfull.
Here are my details.
PD Oct 2001 - EB3
I140 ND - 1/13/05 : AD - 1/19/2005
EAD ND 3/1/05 : AD : 5/4/05
I485 RD 3/1/05 : ND 3/3/05: AD: 6/27/05
FP : Done : 4/29/05
I485 (Self & Spouse) LUD : 4/29/05 : 5/2/05: 5/10/05(case resumed): 5/12/05: 5/13/05: 6/03/05
VA_CH said:
I got around 50 emails with 485 APPORVAL messsges for me, spouse and kid.
I start receiveng emails just few minuts back!!!!!!!!!!
This forumis rellay veeeeeeeeeeeeeeery helpfull.
Here are my details.
PD Oct 2001 - EB3
I140 ND - 1/13/05 : AD - 1/19/2005
EAD ND 3/1/05 : AD : 5/4/05
I485 RD 3/1/05 : ND 3/3/05: AD: 6/27/05
FP : Done : 4/29/05
I485 (Self & Spouse) LUD : 4/29/05 : 5/2/05: 5/10/05(case resumed): 5/12/05: 5/13/05: 6/03/05
Gcprocess2005
Registered Users (C)
enjoy
Congrats and congrats to everyone who got their approvals in the last few days.
WGL_GC said:
Congrats and congrats to everyone who got their approvals in the last few days.
AP question..
My wife got her AP approved 3 days AFTER she left (Apr 28 2005) USA. Now that my 485 is approved, do u think it is OK for her to return back?
Given that I haven't received the official notice ror cards yet, To be more prudent, do you think I should have her return back ASAP so she could claim that she never knew about my approval?
Thanks in advance for your expert suggestion.
Cheers
My wife got her AP approved 3 days AFTER she left (Apr 28 2005) USA. Now that my 485 is approved, do u think it is OK for her to return back?
Given that I haven't received the official notice ror cards yet, To be more prudent, do you think I should have her return back ASAP so she could claim that she never knew about my approval?
Thanks in advance for your expert suggestion.
Cheers
Last edited by a moderator:
, I140 ND - 1/13/05 : AD - 1/19/2005 loooks unbelievable fast approval.485 approved, spuses still pending
Hi Friends,
I have mixed emotions today. I received 13 emails saying
"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status
Current Status:
This case has been approved. On June 26, 2005, an approval notice was mailed."
Mixed because of following concerns:
- My spouse has not received any emails until this evening (i got it in morning)
- She is out of country on AP and planned to come back in few months
- My company was planning to revoke my I140 (nothing has been done yet for sure)
Where do we stand in this circumstances as I am here on AP. Please friends advise as I want to enjoy this atleast for a day before US Government changes his mind. Thanks
Hi Friends,
I have mixed emotions today. I received 13 emails saying
"Application Type: I485 , Application to Register Permanent Residence or to Adjust Status
Current Status:
This case has been approved. On June 26, 2005, an approval notice was mailed."
Mixed because of following concerns:
- My spouse has not received any emails until this evening (i got it in morning)
- She is out of country on AP and planned to come back in few months
- My company was planning to revoke my I140 (nothing has been done yet for sure)
Where do we stand in this circumstances as I am here on AP. Please friends advise as I want to enjoy this atleast for a day before US Government changes his mind. Thanks
waitjuly2001
Registered Users (C)
Thank You Nivasch and VA_Ch
Thank You Nivasch, mailgc2001 and VA_Ch
you will be the next ones.
nivasch said:
Thank You Nivasch, mailgc2001 and VA_Ch
you will be the next ones.
Last edited by a moderator:
Congrats to all recent approvals
One correction: My PD is actually 12/28/01.
Just to confirm - yes I am still waiting... It looks as though many of the recent approvals are ones with early PDs. For us EB3ers it's either 3 more days or at least 3 more months...nymagnate said:
One correction: My PD is actually 12/28/01.