expedite the FBI name check for medical condition

[danny o]

Is there any one knows any thing about expediting FBI name check for medical reason? Back in 2004 I had a bad accident in my home country resulting in a dangerous right hand cut. So far I had two surgeries the last one was in October 07 followed up with extensive physical therapy. I’m scheduled for my third surgery in January of this year . I have not heard any thing in regards of my name check result more than its still pending for FBI name check? I’m an interior designer and as u know i use my right hand for drafting and free hand drawing and im already late for my third surgery . Since my accident I’m going through a hard time dealing with my injury and that have a big impact in my life and my future for years to come in a negative way and will cause me and my family extreme hardship if i wait more. I’m almost handy cap in my right had and I will be probably permanent if I don’t go for the third surgery which it might require me to stay out side the U.S from four to six month . The USCIS was responsible for delaying my surgery for 2 years before due to an error resulting me having no green card so I could not leave the country till last September 07 to have my 2nd surgery done… Please any one with information or similar situation share you experience

 

[brb2]

It would be a real stretch to show that a delay in your citizenship processing is negatively affecting you. I think you will need a more convincing reason for an expedite. One is allowed to travel overseas during the citizenship processing.

What is preventing you going overseas for treatment? Most people would try to get treatment in the US, unless one did not have a job/insurance coverage here. Even if you take this line, they will say you are free to travel outside on a green card. Why would anyone have to travel on a US passport.

I don't think you should stop your life for a citizenship.

Is there any one knows any thing about expediting FBI name check for medical reason? Back in 2004 I had a bad accident in my home country resulting in a dangerous right hand cut. So far I had two surgeries the last one was in October 07 followed up with extensive physical therapy. I’m scheduled for my third surgery in January of this year . I have not heard any thing in regards of my name check result more than its still pending for FBI name check? I’m an interior designer and as u know i use my right hand for drafting and free hand drawing and im already late for my third surgery . Since my accident I’m going through a hard time dealing with my injury and that have a big impact in my life and my future for years to come in a negative way and will cause me and my family extreme hardship if i wait more. I’m almost handy cap in my right had and I will be probably permanent if I don’t go for the third surgery which it might require me to stay out side the U.S from four to six month . The USCIS was responsible for delaying my surgery for 2 years before due to an error resulting me having no green card so I could not leave the country till last September 07 to have my 2nd surgery done… Please any one with information or similar situation share you experience

 

[Ladybuggy]

I agree with brb2 .... first of all you should not stop your life and risk the many things you have listed for citizenship at this moment ?

Is there any way you can have your surgery here ?

If you have not already "gone over the allowed time" outside of the US to be elligable for Citizenship this Surgery might do it. I am sorry to say that but you said this has had already taken hardship on you and your family and do you really want to risk your hand and much more for citizenship.

Maybe what you should do is if you really want and obviously need this surgery and you can't get it here withdrawl your application and apply when you are healthy and you are within the "timeframe"

 

[danny o]

It would be a real stretch to show that a delay in your citizenship processing is negatively affecting you. I think you will need a more convincing reason for an expedite. One is allowed to travel overseas during the citizenship processing.

What is preventing you going overseas for treatment? Most people would try to get treatment in the US, unless one did not have a job/insurance coverage here. Even if you take this line, they will say you are free to travel outside on a green card. Why would anyone have to travel on a US passport.

I don't think you should stop your life for a citizenship.

Will the answer for ur question is its is violation of the USCIS rules to stay our side the country for six month and that will be a big problem for you N400 .. The second thing is I had my ascendant in my home country and all my doctors and follow ups is there. The doctors in my country inserted devices and prepared my hand for reconstructive surgery there is no way u can go to another doctor in the U.S and ask him to finish some others work as it will result in jeopardizing the results of my recovery and maybe a law suite.. These doctors were on my case from thy very beginning and they already proformed 2 reconsractive operatoins and they know my medical situation.The third surgery must be done soon or it will affecte my recovery..

 

[danny o]

I agree with brb2 .... first of all you should not stop your life and risk the many things you have listed for citizenship at this moment ?

Is there any way you can have your surgery here ?

If you have not already "gone over the allowed time" outside of the US to be elligable for Citizenship this Surgery might do it. I am sorry to say that but you said this has had already taken hardship on you and your family and do you really want to risk your hand and much more for citizenship.

Maybe what you should do is if you really want and obviously need this surgery and you can't get it here withdrawl your application and apply when you are healthy and you are within the "timeframe"

Lady bug. Why would I withdraw my application if I’m qualified to expedite my name check under critical medical situation . My situation is not as easy as u guys think, besides the USCIS made this law for people having situations just like mine. The reason I’m asking to expedite my name check is because my third surgery might required me to stay overseas for 6 months for a surgery that can not be finished in the U.S for the reasons I mentioned above.

 

[NameCheck!]

Danny o, I'll suggest that you send letter to 1st lady and your senator. They might help especially in this re-ellection year. The letter works. It cost me nothing but 2 stamps. Try sending the letter.

 

[Ladybuggy]

I am sorry. I kind of misread your post. I didn't know there was such a law. Just ignore my post.

 

[boatbod]

Lady bug. Why would I withdraw my application if I’m qualified to expedite my name check under critical medical situation . My situation is not as easy as u guys think, besides the USCIS made this law for people having situations just like mine. The reason I’m asking to expedite my name check is because my third surgery might required me to stay overseas for 6 months for a surgery that can not be finished in the U.S for the reasons I mentioned above.

Well it seems you already know more about this law than any of us here...

From the short period of google research I've just undertaken, it seem like you need to convince USCIS that you have a compelling medical need. Short of filing a WOM lawsuit, there isn't much else you can do except ask nicely. I suggest starting with an Infopass appointment.

As an aside, I do see why you'd want to stick with the same doctors, however I guess you really need to ask yourself which is more important - citizenship or the use of your hand. Even if you go abroad for surgery and a long recovery, there is still an excellent chance that with medical letters as evidence, you can overcome the presumption of a break in continuous residence.

 

[FlyingTurk]

If I could use the medical condition, i'd use it for the situation i am in. I am in Turkey right now , taking care of mom who is battling cancer. This is my 5th trip since last Sept. I spent 2 weeks in each travel here and rest of it in the US.
I lost my job because of this issue. (My employer didn't want me to take a week off during Thanksgiving holiday period).
The business me and my wife are running is struggling with my frequent trips.
We went through 3rd care taker in last 2 months and none of them will treat mom as I would.
Mom is not able to come to US with me because I don't have insurance, she is not even a permanent resident.. I cannot spend enough time with her because FBI is still trying to determine if I am a freaking terrorist.
I wrote to first lady and got zero help.. I wrote to my congresswoman and she is as pissed as I am about this stupid name check process..

Despite all this, i cannot use the medical condition clause because it has to be related to me; mom's cancer doesn't qualify..

 

[Jackolantern]

I doubt the medical condition reason won't work for expediting danny_o's case. Lack of citizenship isn't stopping him from receiving or affording treatment (as it would if citizenship was a requirement for receiving medical aid from the state), he isn't dying from the condition so there is no need to rush to complete the processing before he dies, and the lack of citizenship isn't stopping him from caring for a sick US citizen.

 

[danny o]

I don’t see why my medical situation is less important than any other critical medical situation.. The USCIS Delayed my second reconstructive surgery for over 2 years due to a mistake they committed, and I had to wait for them for over 2 years till I got my legal statues back last spring which was only three months before i filied my N400 Application. In addition I also waited for my name check to be cleared for more than 5 years so the total of seven years waiting more than 2 years were for correcting there own error. At the time my medical situation was not as urgent and complex as it is now as i was already prepared for my surgeries. I guess its about time for the USCIS to stand up and take responsibility and tear down the big wall they created between them and the applicants resulting in extreme hardship, suffering and emotional distress for thousands of people by there irresponsible behavior , careless actions, and lack of communication.

 

[Jackolantern]

I don’t see why my medical situation is less important than any other critical medical situation..

It isn't less important. It's that your lack of citizenship isn't blocking your access to treatment.

The USCIS Delayed my second reconstructive surgery for over 2 years due to a mistake they committed, and I had to wait for them for over 2 years till I got my legal statues back last spring which was only three months before i filied my N400 Application. In addition I also waited for my name check to be cleared for more than 5 years so the total of seven years waiting more than 2 years were for correcting there own error. At the time my medical situation was not as urgent and complex as it is now as i was already prepared for my surgeries. I guess its about time for the USCIS to stand up and take responsibility and tear down the big wall they created between them and the applicants resulting in extreme hardship, suffering and emotional distress for thousands of people by there irresponsible behavior , careless actions, and lack of communication.

Then you may have a basis for suing them for excessive delays, but that's regardless of whether you have a medical condition or not.

 

[Triple Citizen]

Not to side with USCIS, but how did the USCIS delay your second surgery?
You could have still left the country for your surgery. Unless the USCIS had you under house arrest or in prison, no matter how you slice it, the USCIS cannot be held responsible for your surgery being delayed. I am sorry if this sounds curt, but I am just being the devil's advocate here.

The USCIS Delayed my second reconstructive surgery for over 2 years due to a mistake they committed.

 

[Jackolantern]

Not to side with USCIS, but how did the USCIS delay your second surgery?
You could have still left the country for your surgery. Unless the USCIS had you under house arrest or in prison, no matter how you slice it, the USCIS cannot be held responsible for your surgery being delayed. I am sorry if this sounds curt, but I am just being the devil's advocate here.

USCIS can't stop you from leaving the country unless they arrest you, but they can stop you from reentering. Apparently they must have mistakenly revoked or denied his green card, making him unable to reenter if he left the US (and he presumably was not eligible for advance parole).

 

[Triple Citizen]

Exactly my point. It seems this surgery was performed (or needed to be performed) outside the US. So in order to have it done, the OP only needed to leave the US. Re-entering issues have nothing to do with access to surgery. My point is, I find it hard to hold USCIS responsible for being the reason for the surgery being delayed.

USCIS can't stop you from leaving the country unless they arrest you, but they can stop you from reentering. Apparently they must have mistakenly revoked or denied his green card, making him unable to reenter if he left the US (and he presumably was not eligible for advance parole).

 

[Jackolantern]

Exactly my point. It seems this surgery was performed (or needed to be performed) outside the US. So in order to have it done, the OP only needed to leave the US. Re-entering issues have nothing to do with access to surgery. My point is, I find it hard to hold USCIS responsible for being the reason for the surgery being delayed.

If they impose a large penalty for you leaving the country (the penalty of being blocked from reentering), they effectively block you from leaving.

 

[Triple Citizen]

I guess we can agree to disagree. We both are looking at the same thing from different eyes it seems
I hope no one here takes my stance as one being against the OP. I am just trying to think from a legal perspective (and perhaps failing) on how USCIS can be help responsbile in the given scenario.

If they impose a large penalty for you leaving the country (the penalty of being blocked from reentering), they effectively block you from leaving.

 

[Jackolantern]

I guess we can agree to disagree. We both are looking at the same thing from different eyes it seems
I hope no one here takes my stance as one being against the OP. I am just trying to think from a legal perspective (and perhaps failing) on how USCIS can be help responsbile in the given scenario.

Holding them legally responsible would be difficult, as that would involve the additional burden of showing that the care was not available in the US (whether due to insurance reasons or availability of surgeons, etc.) as well as satisfying whatever other criteria for holding them responsible for it under the law.

But even if they can't be held legally responsible for the delay, their erroneous denial or revocation of legal status (and the resulting inability to reenter the US) would still be the main cause of the delayed treatment.

 

[Triple Citizen]

Is that what happened with the OP? I re-read the OP's posts and it is really not clear what happened. The OP has stated, "I had to wait for them for over 2 years till I got my legal statues back". I guess we need to wait and find out what exactly happened.

But even if they can't be held legally responsible for the delay, their erroneous denial or revocation of legal status (and the resulting inability to reenter the US) would still be the main cause of the delayed treatment.

 

[Huracan]

First, I don't know of any law to expedite name check on medical reasons. Second, the OP doesn't need to convince us, it is enough if he/she can convince USCIS/FBI to expedite the check. Third, I think there could be ways around if you need to stay out for a long period, return permits and things like that. The citizenship application might go down the drain, but you won't lose the permanent resident status. You might be lucky if you get an interview and explain your medical reasons you might still get approved for citizenship (I am not basing this in any personal or shared experience). As you pointed out you need the surgery, so please by all means go, your hand and your health is more important than having to worry about name check and naturalization.