Guys, I have just joined the convoy of NAME-CHECK victims, hear me out...
I have a military naturalization application pending some "background checks"
I started my process in May 2005 as soon as I arrived for my year tour in Korea. Army said they had to do a background check utilizing form G-325B. Normally takes 20 days, it comes from Ft. Meade, MD. Darn thing took 90 days!!! I then proceeded with collecting my application packet further, the Army DID NOT HELP except providing N-426 and packet cover signatures. You won't believe it, I even did the COVER LETTER myself with Military Seal on it and they signed it. I sent the packet in September 05, and received the notice in October 05 with a priority date of 30 September 2005. Nothing heard form INS until 26 December 05, saying in a letter from NSC than I have to bring additional documents to my interview since I was arrested once in 2001 by INS itself and was put in removal proceedings. (It was later terminated and AOS relief was granted in 2003) I contacted Senators office for them to check on the status of the application regularly indicating that I would be deploying and I have desire to join officer ranks. They sent a letter to the NSC and silence again. Nothing was heard for about 3 months and Senator's office received an email from NSC indicating that they are expecting me to arrive back in the states from Korea;
our N400 Military Team is waiting on an FBI Name check to come back. They have requested it be expedited. They feel like the case will not be ready to send overseas before the applicant would return to the US this month. Please advise the where and when the applicant will be in the U.S., that is how we will determine where to send the A-file to have the applicant scheduled for an interview.
I arrived back from Korea on 26 April 2006. I moved to GA from SD. And first week of May, I called the National Customer Service and updated my address on file. Two days later, an officer from NSC called me to verify my address, and he said he is sending it to Atlanta. June 7th, I received my interview letter and I appeared for my interview on 21st.
Interview was straight forward, a young lady, almost half-dead, with a monotonic voice, went over all the questions on the form, asked me to write a simple sentence, and asked me 6 questions. Marked the results paper I passed but a decision can not be entered at the moment, due to pending background checks. She also needed a file to be obtained from National Records (what is that?) She skimmed through the folder and saw that background checks kept being re-submitted and she said that resubmissions are causing more delays. She said they have been resubmitting since my greencard application. (How did I get my greencard then?) I asked her if it is the FBI DOING THE CHECK, she specifically did not name them, saying "we have several agencies performing these checks, since you have been cleared once you should be ok"
On the way out, I asked her if there is a matter for a denial or it is just wait, she said "just wait" I stepped out, that full room of applicants were all gone, most of them went home citizens that day after their administrative ceremony.
Since I applied for a name change, my ceremony has to take place in a court and such ceremonies are only available twice in this year, one on 11 September 2006, and 07 December 2006. However my 120 day period has just started now. It ends on 19 October 2006.
I need a strategy to follow and I am hoping someone here can help me. I have already set up an appointment with the Legal Center on my military post, however I am not confident that military lawyers are knowledgeable on this issue. Furthermore I am hesitant to do it myself, I don't know if I would be restricted as a military member to serve a lawsuit to US govn't, or I might be deployed by the time the lawsuit reaches a result. My projected deployment is May 2007.
Please give me a hand here and guide me. I appreciate it.