About FBI name check
I am receiving so many messages that I thought of writing a bit about
name check procedure. I am not a lawyer, so you should not rely on this
information because it maynot be suitable for your condition. This is
just my experience.
Also, I can't really publish here letter I wrote congressperson since it
is full of personal details. All I can tell is that it was a 2 page letter
describing my name check delay and why I needed it badly to be
cleared.
Please use this information at your own risk !
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[FAQ 1] Should I worry about name check ?
Anyone who is remotely suspcious that USCIS hasn't completed their I-485
application in timeframes posted on their website has a strong reason to
suspect that they do not have results from FBI name check yet to proceed
on your application. Processing times on USCIS's websites are not always
accurate and one should expect delays of few months beyond processing,
but these processing times should not be off by 6 months of more.
[FAQ 2] What is FBI name check ?
It is a check that is requested by USCIS from FBI via their National Name
Check Program (NNCP) for every AOS (I485) applicant. Which essentially
checks if FBI has records on you of any sort.
[FAQ 3] Is FBI name check different from Finger Printing
requests ?
Yes, it is. Two different departments handle name check and FP requests.
FP request is __generally__ made prior to name check request.
[FAQ 4] How do I find out more about name check ?
Best resource by far is a thread posted by Rahul_kumar
-->
http://boards.immigration.com/showthread.php?t=136848
Read through every page. It has fascinating stuff to enlighten you of
the process. People are mostly discussing name check for naturalization
applicants, but most discussions apply to I485 applicants as well.
Search of this forum & google will also reveal more resources. I wished
there was a central place to talk about name check, but it is distributed
as of today.
My experience
I had applied for 140 & 485 concurrently on July 29th 2004. During
that time frame USCIS has started a pilot program to adjudacate
concurrently filed cases within 90 days ! I was all warm and fuzzy
inside and hoped that I will get my GC and move on.
Days went by and processing times moved forward. I kept checking my case
status every day on USCIS's website, checked this forum hundred times a
day. I added my information on every tracker that was being created
in California forum and updated the forum whenever I had LUD on my
application. I was being ecstatic and hopeful whenever someone in July/Aug
timeframe posted a good news. Getting nervous when I read about stories
regardng name check delays.
2004 was over. I was getting impatient and feared that my application
might be delayed due to FBI name checks that I had read about so many
other places. How could that be ? I wasn't from the sensitive country,
neither was my name common. Was there a reason for me to even worry
about name check ? This must be something else. Oh yes, look at
Ananya123's tracker. There are so many applicants in June to August
timeframe whose applications are delayed. How can all of them be victim
of the name check. Even then, let me send email to FBI's NNCP program.
I sent following email to
FBINNCP@ic.fbi.gov on 17th Jan 05
and started waiting.
From:
Sent: Mon 1/17/2005 5:50 AM
To: FBINNCP Email
Cc:
Subject: Re: Inquiry for Name check status for <>
To,
Federal Bureau of Investigation,
National Name Check Program (NNCP),
Washington D.C.
Subject: Name Check status for Mr.<>
Dear Sir/Madam,
I was hoping you could provide me some guidance on my name check
status
for Immigration and Naturalization purpose.
My full name is <>
Date of Birth is <>
Social Security Number: <>
Thanks in advance,
Regards,
<>
On April 1st 2005, I got first good news. USCIS had approved my I140
application. Soon my lawyer made an inquiry on 485 and found out that
my name check was pending. Sad news. Ok ... but atleast my fears were
confirmed and I knew I had to chart my course of action.
I was in a dilemma. Has FBI indeed delayed my name check or has USCIS
never initiated my name check ? There was no way to find out. Meanwhile
I had become busy with other work and temporarily gave-up on this
name check front.
On July 12th FBI responded to my email, saying that my name check was pending.
Date: Tue, 12 Jul 2005
From: FBINNCP Email <FBINNCP@ic.fbi.gov>
To:
Subject: RE: Inquiry for Name check status for <>
Dear <>:
I am responding to your email dated January 17, 2005, concerning your name
check status for immigration purposes.
A review of the FBI's Name Check Program database revealed that a request
from
the U.S. Citizenship and Immigration Services for you was received on
August
10, 2004, and is currently in a pending status. You may be assured that
the
immigration authorities will be notified at the earliest possible date
upon
completion of this case.
Sincerely,
Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division
Interestingly, USCIS had requested FBI name check right away (Aug 2004),
but FBI had not completed it until now. I called NNCP's public inquiry
number (202)-324-2399 but it was closed. So I called NNCP name check
status line (202)-324-3625. I was told that they didn't entertain
phone inquiries. I have to send email and wait. I said I have already
received email response and my name check is in pending status. Person
on phone told me I have to just wait then (!!).
Oh well, I needed some relief now. I wasn't prepared to send another
email to FBI and wait for 6 more months. This is when I called my
congress person's office to get her help. I wrote her a letter describing
my problem an asked her to make inquiry. Following is description of
relevent details to contact your congress person that I had posted on
some other thread.
You should call your congressperson's office first (
www.house.gov) and
tell them that you need their office's assistance to talk with FBI. Usually
every congressperson's office has one person assigned to handle immigration
issues. Get hold of that person and explain briefly the situation on phone.
Ask him/her the formal procedure to seek help from their office. Usually
they will ask you to fill their own form in which you describe your problem.
That you can fax/mail etc. But in any case, congresspersonn's office will
need your request in writing and signed.
Your letter to congressperson is nothing more than an accurate yet elaborate
summary of state of affairs with your name check delays. If you have
determined that USCIS has sent out the name check request to FBI, and
FBI is delaying the name check, then you should ask congressperson to
contact FBI. If you know (believe) that USCIS hasn't initiated name check
at all (very unlikely situation, albeit probable) then ask them to contact
USCIS. Write letter in formal and professional manner and explain your
travails politely.
One thing I have observed, is that some congresspersons or senators
are not willing to "push" FBI to expedite name check in the interest of
national security. Which is valid reason. If you feel that you have got
one such congress person, then you should request them to initiate query
to FBI "to find out estimated time-frame to complete your name check".
You can use the "pretext" that only way to get answers from FBI is to
send email to NNCP program and wait for 6 months or more to hear back from
them. I think both types of inquries (request to expedite name check and
request to find out processing time frame) make similar effect (but this
is just my observation).
Look for word NNCP in following link for some contact numbers
http://www.wowpicture.com/fromchina...hp?t=322&sid=d583e8a883f535ccf8e9568ef28ce5dc
Remember to follow Rahul_kumar's thread as mentioned above, it has
wealth of information.
Good luck folks. As for me, FBI cleared my name check few days after
my congress person made inquiry (see first message in this thread) !
