Hi Still,
I'm sorry to hear that you're in the name check black hole. However, definitely do not despair. I can testify to the fact that if you rattle the cages a little bit, you can dig yourself out of the hole, rather emerge from a wormhole on the other end. Trust me when I tell you that I had initially believed that all the correspondence I sent over to alleviate my name check issue was not going to have effect, but after getting out of the name check once I did undertake some proactive steps leads me to believe that writing to elected officials does bear fruit.
In my opinion, we as applicants need to realize that these agencies, both CIS and the FBI do not intentionally delay our applications in an underhanded effort to screw with us. Both agencies are bureaucratic behemoths that deal with unbelievable volumes of applications, are understaffed and underfunded. The FBI in particular does not have an enviable job. The National Name Check processing times vary wildly and since there is little insight or oversight into the workings of the process, it definitely causes a lot of anxiety since you just don't know and have no idea of when you'll be done. Just my 0.02. Its easy to forget about this when we're in it, trust me, there have been times when I was really frustrated.
Now. When is it a good time to start being proactive? I think six months after having filed your AOS application is the right time....not the labor, but the 485, so in your case, a good time would be now. There was a gentleman on these forums who sent letters to everyone imaginable including Santa Claus....and his AOS was just 4 months old. SO, in theory, he was well under FBI projected times and USCIS processing times. Nonetheless, he got out of the name check and even his AOS was approved a month or two ago. Good for him. Was it fair? Maybe not, but he did what he had to do and he's better off for it.
I hate to sound like a know-it-all, but sometime ago, I had postulated about steps to undertake to get out of name check on the Texas Service Center thread. To encapsulate, I believe that if you, as an applicant, send a letter to the First Lady's office, to the White House of all places, it does have an effect. Not just because the Dept of Justice gets a forwarded piece of mail from the White House (which I believe may have a lot of weight), but also because logically, if you send a letter to the White House, you know that it will be intensely scrutinized, and odds are, you aren't a person of malintent to the nation. Simplistic, yet probably true.
From what I have seen through the months, individuals who attached a copy of their FOIPA records along with their request letter to the White House, received a letter from the FBI Records Division stating that their name check was processed, finalized and sent to the USCIS HQ in DC on xx/xx/xxxx. Folks such as myself who did NOT do so received a letter stating that our name checks were "in process" and there was no estimated timeframe as to how much longer it would take. The latter individuals, self included, to much jubilation realized that their name checks had cleared about a month after getting that letter. So I think if you do not attach the FOIPA, the Records Division may have to obtain your FOIPA records first before consolidating your name check data. Those who attach FOIPA make it easier for the Records Division to process their name checks. In either case, I believe it gets the dust off your file.
Realize that my theory could be totally and absolutely nonsense, so use your own discretion, but from my observations, these are the ideal sequence of events:
a. Request a copy of your FOIPA.
b. Send a letter to the First Lady's office pleading your case.
c. Send a letter to your US Senator (make sure you personalize your boilerplate letter).
Also note that if you send a letter to either the President's office or the Vice-President's office, they redirect the letter to the USCIS. The First Lady's office is the only one I know of that directs it to the Dept of Justice which then sends it to the FBI.
d. You can also send a letter to the congressperson in your congressional district, but they need to know that they should request information from the FBI and not USCIS.
Lastly, ensure that you strike up a positive relationship with the office staff of these elected officials. In my case, both my Congresswoman's office and my Senator's office staff are incredibly proactive and very very helpful. Extremely patient and greatly resourceful. They're the messengers, so taking a positive stance with them even if it means they tell you to call back in 30/60/90 days would only help your case.
Definitely ping me if you need additional information. I believe you have my contact information, including my phone numbers. If you'd like to chat about this, give me a call on my cell phone at any time. If I'm in the middle of something, I'll just call you back...you're on Eastern time, so we're in sync there.
Good luck and starting typing!
k
