Experiences on Leaving the US While Name Check is pending before Interview

M

marooned

Registered Users (C)
Hi All,

I know this topic has been discussed before but it never got much attention.

I still am not sure if with "name check" as pending especially in cases where naturalization interview has not been conducted, can the lawful permanent residents leave USA provided there green card is valid.

Two questions come to my mind at least, and other can share if they have more:

Question 1: Does it depend on how long the name check has been pending; I mean if it is pending for more than a certain period, only then lawful permanent residents would be denied re-entry to USA?

Questions2: Or does it depend on whether the name check is pending for some certain level of clearance such as Security Clearance etc.?

I will highly appreciate if anyone with thorough knowledge on this subject elaborates the rules? May be if some of the folks who have had bad experiences share them?

My Experience: One of my relatives who is more than 60 years of age and is a lawful permanent resident. She went backhome (Pakistan) while her namecheck was pending for naturalization.

On her way back to USA, the immigration officer told her that she never informed the INS when she was leaving (Do we have to do that?). He gave her a hard time at JFK but let her in after a long wait.

She has been living in NY since then, and her naturalization process has not been completed yet. She filed for her Citizenship about two years ago.

Please share your experiences.
 
it's got to be the officer

I don't think it is a problem to go on a vacation while name check pending. Maybe officer was having a bad day that day. I haven't seen anywhere that we (permanent residents) need to notify the USCIS of leaving the country.

I am waiting on name check since 04/2006 and in january/2007 I am leaving the USA for a month. I already consulted with my attorney. He stated that it is OK to go on a vacation.

To summarize,

1.It is written no where (that I am aware of) about any kind of notification.
2. Attorney thinks it is OK.

So any permanent resident should be alright. BUT (which is a big BUT) government is government. At the end, everybody is at immigration officer's mercy. They can always make a big deal out of anything and everything whether or not name check is pending.
 
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Hello marooned,
My name check is also pending for more than five months. I have investigated on this topic big time. I did not find that coming back to US is an issue; it is true some folks had a hard time while coming back to US but that could be due to officer. On citizenship oath letter they also ask if you traveled outside US between your interview and oath. If you said yes, USCIS ask for some evidence at the time of oath, happened with my wife.



marooned said:
Hi All,

I know this topic has been discussed before but it never got much attention.

I still am not sure if with "name check" as pending especially in cases where naturalization interview has not been conducted, can the lawful permanent residents leave USA provided there green card is valid.

Two questions come to my mind at least, and other can share if they have more:

Question 1: Does it depend on how long the name check has been pending; I mean if it is pending for more than a certain period, only then lawful permanent residents would be denied re-entry to USA?

Questions2: Or does it depend on whether the name check is pending for some certain level of clearance such as Security Clearance etc.?

I will highly appreciate if anyone with thorough knowledge on this subject elaborates the rules? May be if some of the folks who have had bad experiences share them?

My Experience: One of my relatives who is more than 60 years of age and is a lawful permanent resident. She went backhome (Pakistan) while her namecheck was pending for naturalization.

On her way back to USA, the immigration officer told her that she never informed the INS when she was leaving (Do we have to do that?). He gave her a hard time at JFK but let her in after a long wait.

She has been living in NY since then, and her naturalization process has not been completed yet. She filed for her Citizenship about two years ago.

Please share your experiences.
Click to expand...
 
Thanks for your suggestions. But again, this name check stuff is relatively new and most of the attorney's dont have "current" info.

Again I am not being paranoid about this issue but the question is "Why the embassies dont issue visit visas until the name check has been cleared by the state department ( if the visa officer goes for name check).

So if the visitors can not enter the USA until their name check is not completed, how come the permanent residents qualify for entry to the US when their name check is pending.

Wouldn't that be a double standard, or something stupid on USCIS's part. Because logically, "name check" process is supposed to figure out if the person requesting the benefit is some kind of "security threat" to the nation, and if he fits there criterion of name check, no matter if he/she is Visitor, LawFull Permanent Resident, Illegal Resident, or Citizen; they all should stand in the same line.

So I am convinced that there are certain levels of name checks, and if your name check is stuck due to some kind of security issue; the Immigration officer might deny entry.

I am trying not to believe too much in attorneys, because some of them dont have "the current" info.

Please comment, and lets explore this avenue little bit more. I am sure it will be good for all of us.

Thanks
 
For what is worth, this is the way I think.

marooned said:
Again I am not being paranoid about this issue but the question is "Why the embassies dont issue visit visas until the name check has been cleared by the state department ( if the visa officer goes for name check).
Thanks
Click to expand...

These are my take on it.
1. If somebody had been denied the entry to USA due to name check, by now everybody in this forum (and my lawyer) would've heard something about it.

2. Nobody really believes that name check is doing something good to national security. If FBI really believed in it, they would've questioned the applicants whose name checks have been pending, raided houses or arrested people. Again, we would've heard it, if this had happened.

3. I stopped looking for a logical explanation about name check procedure and to whom it applies (visitors etc). Everybody can see the irony here; FBI can live with 12 million illegals without any paper work and don't do nothing about that, but at the same time, name check victims are given hell even though they have been paying taxes, got all the documentation etc.

4. If you were granted a permanent resident status, you have all the right to come back to this country anytime you wish. It is a given right.

5. For applicants who are living in the US, name check is utilized to find any criminals, non tax payers, felons, child malestors etc. If somebody is threat to national security he/she shouldn't be here and shouldn't apply for citizenship. And name check process is not the way to catch a terrorist.

6. Biggest double standard is that while I am waiting for over 7 months, the other Houstonian applicants are getting naturalized in 3 months. FBI sure knows that this name check process eventually eliminated or given a major face lift.

7.Here is the story published in New York Times. Iraki Kurd teaching FBI Agents Kurdish goes thru all the background check before he was employed at FBI, and he has been stuck in this name check fiasco for last 3 years.

8. As far as I know, airports controlled by Custom Agencies not by FBI. I guarentee you that right hand doesn't know what the left hand is doing. They are totally oblivious to each other's regulations.

9. Don't think about it so much. Again custom officer may give anybody a hard time for just because. If it happens, happens. I am not going to worry about it now. I am flying in January.

For what it is worth, this is the way I think.
 
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springbranch said:
These are my take on it.
1. If somebody had been denied the entry to USA due to name check, by now everybody in this forum (and my lawyer) would've heard something about it.

2. Nobody really believes that name check is doing something good to national security. If FBI really believed in it, they would've questioned the applicants whose name checks have been pending, raided houses or arrested people. Again, we would've heard it, if this had happened.

3. I stopped looking for a logical explanation about name check procedure and to whom it applies (visitors etc). Everybody can see the irony here; FBI can live with 12 million illegals without any paper work and don't do nothing about that, but at the same time, name check victims are given hell even though they have been paying taxes, got all the documentation etc.

4. If you were granted a permanent resident status, you have all the right to come back to this country anytime you wish. It is a given right.

5. For applicants who are living in the US, name check is utilized to find any criminals, non tax payers, felons, child malestors etc. If somebody is threat to national security he/she shouldn't be here and shouldn't apply for citizenship. And name check process is not the way to catch a terrorist.

6. Biggest double standard is that while I am waiting for over 7 months, the other Houstonian applicants are getting naturalized in 3 months. FBI sure knows that this name check process eventually eliminated or given a major face lift.

7.Here is the story published in New York Times. Iraki Kurd teaching FBI Agents Kurdish goes thru all the background check before he was employed at FBI, and he has been stuck in this name check fiasco for last 3 years.

8. As far as I know, airports controlled by Custom Agencies not by FBI. I guarentee you that right hand doesn't know what the left hand is doing. They are totally oblivious to each other's regulations.

9. Don't think about it so much. Again custom officer may give anybody a hard time for just because. If it happens, happens. I am not going to worry about it now. I am flying in January.

For what is worth, this is the way I think.
Click to expand...

There was some posting once of a LPR who had trouble rententering during name check. One reason could be that some name that is similar to yours is on a no-fly list in US or on some other wanted list. On overseas vists to other countries I see the passpost control agents always run names thru a computer and get an ok. Maybe its global wanted list or something.
 
Thanks, have a safe trip.

On the same note, I am flying in January too.

Thanks

PD: August 21, 2006
FP: September 06, 2006
Name Check Pending
 
They just asked for the passport, they looked the stamps. The guy called someone and then took the passport. came back after 30-35 min and said you are all set.
But I have heard that sometimes they asked for tickets too. One person told me that he heard from some that he was not allowed to get his oath becase USCIS was unable to verify something at that spot.

aasheetk said:
oath? Thanks.
Click to expand...
 
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