From the big description about name check posted on uscis website, it seems FBI first searches based on lastname only then if there is a hit, they search for combined first and lastname. Then if there is a hit they dig deeper to do a thorough background check.
On this forum there are/were people with name like Raja Pitchai, Vikram, Navneet Sharma. These are not common American names. I don't think anyone with these names would have done anything criminal in United States. I wonder what goes on in this namecheck black hole. Is it that some sharma somewhere had a criminal record and it will effect all sharma namechecks?
I get this gut feeling that this could have something to do with crosschargeability, because on the NSC tracker thread I do see people getting approvals.
Anyone thinking of suing USCIS? ks_cc I think you have waited long enough, do you plan to file a case? How long should one wait before filing a case?
Hello Mansarovar3000,
I personally strongly feel that its not cross chargeability thats holding up case adjudications. In my case, I know for certain that its my FBI name check still being pending. In speaking with my congressional designate and the VSC via POJ, both have confirmed that the only thing holding up the case is a name check clearance.
That said, I can see several folks regardless of service center getting approved in anywhere between four to six months. Unfortunately, its the matter of luck and how expediently your name check gets processed. The system is flawed. For instance, its inexplicable that related cases (wife and I) were submitted to the FBI at the exact same time, but they clear one and not the other.
I've seen several cases where the primary applicant gets approved, and it takes anywhere between a month and eight months for the derivative case to be approved because the beneficiary's stuck in name check.
Senator Obama (D-IL) recently introduced a bill in the senate specifically addressing these name check delays and the bill mandates that all name checks be complete within a 90 day period, with a detailed explanation of failure to meet these dates. Note the bill also allocates funds to the agencies to ensure they can perform to these guidelines. The lack of funding is what has caused these backlogs. The CIS Ombudsman has also made statements that argue against the effectiveness of the program.
As far as WOM goes, I've considered it. At the same time, filing a WOM now no longer ensures that the USCIS would ask the FBI to expedite the case and the case in turn goes before a judge who makes the determination. This makes WOM less desirable an avenue, which is what the USCIS intent was...its going to take longer and be costlier to litigate, and I'm unsure if I want to get wrapped up in this (yet).
As an early 2006 filee, I think I've waited 100% of their six month stated processing time, however, I see EB2 cases online where folks have been waiting since mid to late 2005 and several more in early 2006.
Based on sheer volumes alone, think about it...even 10% of a million is a 100,000 backlogged cases.
I wouldn't sweat CC being ignored just yet....you can do so when you are certain that you're out of the name check black hole.
Here's an excellent link to understand how they process this:
http://www.fbi.gov/congress/congress04/garrity022504.htm
Note that the above references name check requests coming in from the Dept of State (Consular Processing). I assume the USCIS process is not much different....perhaps longer.
