Wommei,
Most of us file WOM because of FBI namecheck delays..I have often wondered(so too would have many) what they have against me(or associated with my name).. It's similar to you applying for a mortgage and the bank tells you that your credit history is the worst they have seen and can only give you with a high interest rate. You will ask them on what basis they did that. Maybe it is an identity theft issue.. But you don't expect the bank to tell you that they will give you a call as soon as they get your credit report. and you are waiting for 2 years to hear from them.
Many namecheck sufferers have common names..so it is fair to think that all Jane Doe's suffer in namecheck if one "Jane Doe" has done something to enter FBI's related databases.
Other's with uncommon names would feel aggrieved further if not many "Jane Doe's" exist and FBI claim's they are investigating your records for 2+ years.
In the example I quoted, one "Bondarenko"(an academic) filed WOM,prose in NDNY(2007) after namecheck delay of 3 years. He won.
The other "Bondarenko" apparently was involved in other things and got USCIS to deport him. He appealed his case all the way upto Supreme court and lost.
I have read the first bondarenko's case, but recently came across the second bondarenko( I havent read this case.. nor am i interested..
)
Iam speculating the 2nd Bondarenko's name was the cause of delay in 1st bondarenko's namecheck. ( I might very easily be wrong).
IMO, If the FBI really thinks you pose an imminent danger to the country, I am confident that they can identify you(with or without a namecheck from USCIS). It is just that, USCIS burdened them with rechecking 3+million names through all their databases, in addition to fresh 10000+ names every month.. and that they pay them miserly..
So the real culprit behind namecheck delays is USCIS.. Instead of issuing a policy for expediting namechecks for backlogged cases.. I am indignant with rage when I read Canon declaration in my MTD case. They are talking about contractor help to resolve namecheck's involving single hit. Maybe that will help.. maybe not.. What I care is some clear cut policy that gives first priority to help people stuck for many..many years.. it dosen't matter if they have a single hit or a thousand hits.. They have a right to get their name cleared in a timely manner. Until that happens.. WOM's will continue to be filed.
You should read Eldeeb v Chertoff. They spent a year trying to get hold of the ICE agent who flagged the name "Eldeeb" as a excludable smuggler. In the end they declared that this particular Eldeeb was not a .. whatever they cared.. Then they initiated his FBI namecheck.. It is only becos of WOM that those blatant inactions come out for the public to see. USCIS top-brass don't lose their sleep over a possibility that bcos they overlooked something, a GC applicant or naturalized citizen eventually was able to harm this country.
If you read the Ombudsmans report, you will realize that USCIS centers give more priority to low-hanging fruits.. i.e.. cases that can be resolved quickly.. bcos they get more budget allocated to them next year based on the volume of cases that they resolve. In return to filing fees for my I-485, that is certainly not acceptable to me.
