FBI Name Check FAQ (From FBI's website)

NYImmigrant

Registered Users (C)
Hi Guys,

I found this link http://www.fbi.gov/page2/nationalnamecheck.htm that has FAQ's for name check program. I am copying it here:

How long will it take for my name check to be completed?

The length of time it takes for a name check to be completed varies from name to name. Normally, a name is submitted by an agency, such as the United States Citizenship and Immigration Services (USCIS), on a data tape. The National Name Check Program (NNCP) receives over 62,000 name checks every week, with over 27,000 coming from USCIS on a weekly basis. When a data tape comes in, the names on the tape are electronically checked against the Federal Bureau of Investigation's Universal Index (UNI). The searches seek all instances of the individual's name appearing in both main files and reference files. A main file name is that of an individual who is, himself/herself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, conspirators, or witnesses.

The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency.

A secondary manual name search conducted within 30-60 days usually identifies additional requests as having a "No Record." The remaining name checks (usually about 10% of the name checks originally submitted) are identified as possibly being the subject of an FBI record. At that point, the FBI record must be retrieved and reviewed. If the record is available in the FBI's electronic record keeping system, it can be reviewed quickly. If not, the relevant information must be retrieved from an existing paper record. Review of this information determines whether the information is positively identified with the name check request. If the information is not identified with the request, the request is closed as a "No Record," and the requesting agency is notified as such.

The average time required to retrieve and review an FBI record for possible information related to a name check request is case specific—it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file. If a file is stored locally, an analyst will be able to obtain the file within a matter of days. If a file is located in a field office or other FBI location, the applicable information must be requested from that location. There are over 265 different FBI locations that could house information pertinent to a name check request. If a file is electronically available, an analyst will have immediate access to that file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible information related to the name check request.

Many times, the delay associated with the processing of the remaining name checks is not the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name checks, several million each year, combined with the FBI's current work on processing residual name checks from a batch of 2.7 million requests submitted by USCIS in December 2002, as compared to the NNCP's limited resources. Less than one percent of the requests are identified with a file containing possible derogatory information. If applicable, the FBI then forwards a summary of the derogatory information to the requesting agency. It is important to note that the FBI does not adjudicate the name check requests, but only provides available information to a requesting agency for its adjudication process.

How can I have my name check expedited?

The FBI tries to process its oldest name checks first. Customer agencies will occasionally request expedited handling of specific name checks. Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency. The FBI does request that the number of expedited cases be kept to a minimum in fairness to the other pending name check requests. Because each customer agency determines which name checks are expedited, contacting Congressional representatives, the FBI's Office of Congressional Affairs, or the NNCP will only further tie up vital resources and will not contribute to the expediting of a name check.

Does contacting my Congressional representative expedite my name check?

No, the customer agency determines expedited handling. The FBI's policy is to be responsive to our customer's needs given the limits of our resources. Re-prioritization from multiple sources would convolute the customer agency's ability to manage their priority cases.

Is there a fee I can pay to expedite the process?

No. Processing times are a function of the volume of work versus the resources that can be applied to the task. Paying an additional fee would not speed up the name check process.

I am aware that some name checks have been completed that were submitted to the FBI after cases that remain pending. Why are the name checks not handled in the order in which they are received?

The vast majority of name check requests are completed in less than 60 days. Of those remaining, the FBI tries to complete the oldest name checks first. The time to complete any given name check varies. There are many factors that impact processing times such as the number of files to retrieve and review, a file's location and accessibility, case status, and workload all impact processing times. Another factor that might delay the processing of a name check request on a first in/first out basis is the number of requests for expedited handling received from a customer agency.

My Freedom of Information/Privacy Act request to the FBI resulted in a "no record" response. Given that, why is my name check request still pending?

Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a "main file" search. For a name check, "main files" and "reference files" are both checked, in an effort to protect our national security, in addition to searching a name in a multitude of combinations.

Who can I call to check on the status of my name check?

The FBI will only respond to status inquiries from its customer agencies. Please contact the organization receiving your original application. In Citizenship and Immigration cases, contact USCIS for the status.
 
NYImmigrant: FBI's current work on processing residual name checks from a batch of 2.7 million requests submitted by USCIS in December 2002.
This is a bad news for who had FP1 after Dec02?
 
I am not sure if thats the case... Many people I know who applied and did FP after 2004 got their GC. So name check must have cleared for them.

As I understand, you can do 2 things
1. When your PD becomes current, initiate a status query thru ur lawyer
2. Ask your senetor/congressman to do the status check for you.

I can see your PD is already current. So you may go either way.

As per the FAQ, only USCIS can issue expediate name check request.

Let me know what do you do and if it yealds results.
 
one question pending....

I want to know..when the NC is initiated by USCIS.

I didn't get confident answer till now..

Some say..it is when I apply I-485
others say..it is when they received FP results.

do any one know the correct answer??
 
NYImmigrant said:
Based on my knowledge, i would say "After the results of FP are received"

Not correct. NC/security check/'name and DOB check' has nothing to do with FP check, they are different.
NC is initiated soon after submission of I-485.
My NC was initiated in Oct 2003, and I had my 1st FP only one year later, in oct 2004.
 
I agree with with Compass .............

I agree with compass.
My name check is initiated on apr 04 and still pending :mad:
I did my first FP in sep 04.
 
My 485 was filed in 2003.

My NC was initiated about 15 after my 2nd FP in late last year.

So there may not be concrete pattern when name check gets initiated.
 
raju755 said:
I want to know..when the NC is initiated by USCIS.

I didn't get confident answer till now..

Some say..it is when I apply I-485
others say..it is when they received FP results.

do any one know the correct answer??

Actually, it could be both. I applied for my I-485 on 8/25/03, my first Namecheck was requested by USCIS is 9/24/03. Again they requested on 5/24/05. I dont know why they requested twice. Based on this I would say, it is when we apply for 485.

By the way I did only one FP that was in 5/18/04.

Baski555
 
yes, I also got 2nd NC initiated in July 2005, I think they do it if 1st one is pending for long time...
 
compass said:
yes, I also got 2nd NC initiated in July 2005, I think they do it if 1st one is pending for long time...

I think that it may be one of three:
1. USCIS does initiate 2nd name check request (reminder ?) if the 1st name check is pending for long time
2. USCIS does initiate 2nd name check request if the 1st name check cleared and then expired (?) but no action (approval) was done on AOS application
3. Name check is initiated when USCIS feels they are close to taking up the application for adjustment.

Again its speculations. One thing for sure... 2nd name check request is sent in some cases.
 
compass said:
yes, I also got 2nd NC initiated in July 2005, I think they do it if 1st one is pending for long time...

How do you know your name check was initiated?

thanks
 
hey guys - i applied for my AOS in Sep 04 and am still waiting. Am wondering where I am in the name check process, and if that might be why my applications for travel and employment from Sep 05 still have not been approved.

Sent a letter under the FOIPA to the FBI, and got a response earlier this week stating that they had no files on me.

Does that mean my name check has never been initiated?

I also sent a letter to USCIS, but of course have not heard a response from them on it.
 
Nora&Simon said:
hey guys - i applied for my AOS in Sep 04 and am still waiting. Am wondering where I am in the name check process, and if that might be why my applications for travel and employment from Sep 05 still have not been approved.

You might want to followup regarding your AP/EAD application. I dont think it has anything to do with your name check. These applications generally takes 3 months and you are almost 6 months into them. You should inquire.

Nora&Simon said:
Sent a letter under the FOIPA to the FBI, and got a response earlier this week stating that they had no files on me.

Does that mean my name check has never been initiated?
Nope. It doesn't mean that. You should check with USCIS if your name check has been initiated and when. Only some helpful USCIS guys tell you this. I got lucky.

Nora&Simon said:
I also sent a letter to USCIS, but of course have not heard a response from them on it.

Check with your lawyer if he can inquire on your case.
 
Thanks for the advice, NYImmigrant. I've got an appointment with USCIS next week, and hope I get someone who will tell me the status of my name check. I unfortunately don't have a lawyer.

I followed up on the AP application about a month ago when it was delayed enough for USCIS to do an "inquiry" (...EAD isn't delayed enough yet). I received a response last week stating that my case had been transferred from the CSC to my local office in New York and I would need to wait several months for the local office to call me to schedule "an interview."

I'd never heard of anyone needing an interview for an AP before - so it's a bit strange. My fingerprints are all current - since I just submitted them again when in support of my EAD applicaiton - so that can't be why they need to see me.

Anyway, thanks for your thoughts on what the FOIPA from the FBI means.
 
Everythingn that has to do with USCIS is total speculation...I am not sure they know themselves what/how to do things.

My PD is 03/02...in the past 2 years I heard different things from their customer service people over the phone, including an immigration officer at one point. So today I had an appointment in Boston...spoke to an immigration office one-on-one. According to the computer, my wife's NC is already cleared long time ago, mine is still pending. NC sent to FBI on March 03...get it? three freaking years ago!!
 
USCIS FBI Name Check Expedite Criteria

source http://www.cohenlaw.com/WebSite/cgr...bc004901b27ef6f5852570c800711b29?OpenDocument

The U.S. Citizenship and Immigration Services ("CIS") recently published the criteria which must be satisfied to expedite an FBI name check. According to the publication, an FBI name check (which must be completed before the CIS can issue nearly any immigration benefit) will be expedited only in the following situations:

  • Imminent military deployment
  • Required by lawsuit pending in federal court
  • Required for permanent residence case pending before an Immigration Judge
  • Other compelling reasons as provided by the requesting office (e.g., critical medical condition). Each request under this procedure will be assessed on a case-by-case basis.
 
What might work?

Mandamus writ. Nowhere else have I seen anything remotely possible to expedite namecheck. AOS folks are of course not eligible for military service, FBI will not listen to the local congressman, FBI will only listen to USCIS (and USCIS does *NOT* send a reminder for name check - since that pushes down the file to the bottom of the heap).

I am stuck for the last 3 years. The only "crime" I have committed is a traffic violation and a deer hit (deer did not file complaint) at night. Not from a middle-eastern country either and not at all a religious (or otherwise) fanatic.

Lawyer can't help. USCIS says "wait for 6 months" on two successive occasions.

M A N D A M U S W R I T
 
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