FBI Delays To End

assur

Registered Users (C)
FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

http://www.ilw.com/immigdaily/#comment
 

ram_ram

Registered Users (C)
I spoke to an IO today at NSC. She was kind enough to let me know that NC was pending for my case. She also indicated that it was unfortunate event in Chritmas time. Also indicated that something new would be happening in January. Might be this new process. She also indicated that cases might be processed based on PD instead of 485 RD.



EB2/India/PD DEC 2 2002/485 RD May 16 2007/140 Approved

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

http://www.ilw.com/immigdaily/#comment
 

MDwatch

Registered Users (C)
On AILA website, in recent posting you can see the title:

Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process

unfortunately no access :(
 

hyyz

Registered Users (C)
If this is really true, all I want to say to CIS and FBI is "F*** CIS/FBI". They knew the process is not working but they still keep delaying us, charging us fees (5 EADs and 4 APs already for me, and same for wife), threatening us (I was told by SR to be prepare for waiting 10 years for NC). My wife and I couldn't go to college for more education because of the much higher international tuitions.

Worse yet, we just filed WOM last week...

I want to say to CIS/FBI: You are the sole source of this big mess. I am a clean peroson for the benefits I am seeking: excellent credit record, clean criminal record any where, clean driving record any where, no delayed bills, believe the religion your forefathers believed. Is my name more popular than John Smith? Is it more popular than G*W*B*?
 

Streamflow

Registered Users (C)
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process ... unfortunately no access

Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.

http://www.durrani.com/docs/FBI Process.pdf
 

greynicolls

Registered Users (C)
well

some checks could still be delayed ........

murphy's law should come into effect for us unlucky souls here as well :)

n e way thnx for the AILA document
 

2002calabor

Registered Users (C)
greynicolls,

its good to see tha you have not lost your sense of humor/sarcasm! I hope they don't start a BEC for all NC oldtimers ... hahah that will be f*** nuts if they did that.

well

some checks could still be delayed ........

murphy's law should come into effect for us unlucky souls here as well :)

n e way thnx for the AILA document
 

dice12

Registered Users (C)
All

I truely agree with HYYZ saying: I want to say to CIS/FBI: You are the sole source of this big mess.

In this CIS is more responsible that they can coordinate with FBI to clear backlogged cases first means processing should be FIFO based.

since govt. has to make money so this is the best way to make money of getting renewals with new fee increase.

this new bill / changes would not affect in a big way. it would be small effect because now there is big backlog of FBI NC is pending since years and pressure is coming from all over so this is a reply to that from Chertoff, a big f****

EB3
PD 01
485 RD 2004
FBI NC pending since 2004.
contacted all f*****s
 

ms_asif

Registered Users (C)
Godd news but.....

It's good news that they've decided to expedite the name check process. Now I wonder if the USCIS would become the bottleneck again due to massive influx of applications that need to be approved.
 

Newman05

Registered Users (C)
Well, Name check process with no time frame, no FIFO, and no communication with this process victims, which are us, was a big mistake.
What was the whole delay for? Did anybody hear that an EB I-485 was denied because of the name check????

Any way although it is late for the CIS to take action about that mess, it's good that they will take an appropriate action (and hopefully soon).
 

Streamflow

Registered Users (C)
Update :( (http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm)
November 30, 2007

Immigration Daily's 1/30/07 comment, "FBI Delays to End" (http://www.ilw.com/immigdaily/digest/2007,1130.shtm), is not telling the entire story. USCIS and the Federal Bureau of Investigation (FBI) are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies:

First, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern.

Second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

Best regards,

Bill Wright, spokesman
USCIS Office of Communications
(202) 272-1299
 
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