FBI name Check Pending
- Thread starter romit
- Start date
I have contacted my senator 3 weeks a go but havent heard from her yet. I dont know I need to waite or send a letter to her again. I got my FIOPA letter back from FBI which says they have no records from me but I need some info from FBI or senator to tell me my case is pending or whatever to be able to do something.
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steveva2001
Registered Users (C)
romit said:
Yea, really. The caseworker for my local congresscritter even had the audacity to tell me that she thought that there might be some reason in my past for why the check was taking so long (there's nothing I know about).
It was at that point I figured that it was a fruitless exercise.
By the way, if anyone is counting from my earlier posts about writing to the Ombudsmans office, I'm still waiting on some reply. 45 days from February 18th...
Of course, I'll let you all know if this turns up anything.
Personally, I'm more convinced than ever that my file, along with a number of others apparently, has been lost...
... probably in the basement of the Washington DC district office (assuming they remembered to take it with them when they moved from Arlington to Fairfax), in the bottom drawer of a locked filing cabinet, behind a locked door with a sign that says "Beware of the Lepoard"...
Can we do something about this together? I know there are many out there. The officer who took our interview showed me a paper where 60% people had this problem the day before he interviewed us.
It is completely ridiculous that USCIS is just scheduling the interview without this and then putting us in a limitless wait for it to be cleared.
let's do something together.
It is completely ridiculous that USCIS is just scheduling the interview without this and then putting us in a limitless wait for it to be cleared.
let's do something together.
steveva2001
Registered Users (C)
romit said:
Interesting idea, but I'm not really sure what we could do.
Part of the reason that going to your congressperson or senator is useless is, quite simply, because there are no votes in it for them, and that really is the root of the whole immigration problem. Noone in the Capitol or the White House really has anything to gain politically by fixing immigration issues like this, so no-one ever does anything to fix it, save making things worse in the name of national security.
And forget even thinking of writing to the White House at this point in time.
I looked back through this thread and saw that someone suggested going to the media. I hate to say this, but which media do you suggest? The Washington Post has already carried similar stories about FBI security checks (the most recent being just in the last month or so), and good luck getting any of CNN or Faux News to even look at this.
From what I was advised by an immigration lawyer (not representing me I should add), the options at this point are limited:
0. Give up and go home (I've thought about it, believe me)
1. Wait more. I've done this already for long enough...
2. Try using the new Ombudsmans office, which is what I'm trying at this point, to see if they can get some kind of resolution. Clearly, after 2 years and a month, mine is a problem case... I posted a link to this earlier in the thread.
3. File a writ of Mandamus Action in the US distict court against the USCIS. This would effectively force them to decide the case one way or the other. To quote my source:
So, I'm going to see where my Ombudsmans inquiry goes first...
As I said, I'll keep you all informed.
blues_traveler
Registered Users (C)
The USCIS has probably done its part ie. scheduling the interview, approving the I-130 application, etc. Its the FBI that is causing unnecessary delay. So if a Mandamus case is to be filed, it would have to be against the FBI.
steveva2001
Registered Users (C)
blues_traveler said:
You are assuming that the USCIS *has* in fact done it's part.
My guess is that it's no the FBI thats at fault here, and that these cases are either still waiting to be passed to the FBI, or have already come back and are at the bottom of a pile that keeps getting newer cases dumped on top of it.
Either way, the USCIS and FBI are now part of homeland security and therefore technically under the same umbrella, so it's likely that the Mandamus could be filed against the DHS.
I dunno. I'm no lawyer (although I'm told thats where the REAL money is to be made nowadays
)email add please
can anyone post the FBI email address where i can request the name check status. I tried calling on the nos 304-6255-5590 and only got an answering machine (during business hrs) didnt bother leaving a message..something needs to be done how abt approaching fox 5 problem solvers?
can anyone post the FBI email address where i can request the name check status. I tried calling on the nos 304-6255-5590 and only got an answering machine (during business hrs) didnt bother leaving a message..something needs to be done how abt approaching fox 5 problem solvers?
asg98 said:
Here is an email address that I found: fbinncp@ic.fbi.gov
i had sent an email to them two months ago, no reply yet.
Fox 5 problem solver is probably a good place to go but need a good case (like tried several options with proofs and nothing worked).
do we have one?
Reply From FBI - FBINNCP@ic.fbi.gov
We received responce from FBI for N-400.
here is the copy
**********************
Dear XXX XXXX:
I am responding to your email dated November 19, 2004, concerning your name check status for immigration purposes.
The FBI completed a name check for you on July 12, 2004, and the results were forwarded to the U.S. Citizenship and Immigration Services Headquarters, Washington, DC.
Sincerely yours,
Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division
***************************************
We received responce from FBI for N-400.
here is the copy
**********************
Dear XXX XXXX:
I am responding to your email dated November 19, 2004, concerning your name check status for immigration purposes.
The FBI completed a name check for you on July 12, 2004, and the results were forwarded to the U.S. Citizenship and Immigration Services Headquarters, Washington, DC.
Sincerely yours,
Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division
***************************************
steveva2001
Registered Users (C)
seattleWA said:
So not surprisingly, at least in your case, the problem lies with USCIS dropping the ball in this process...
And I have a sneaking suspicion that this is the case in the vast majority of cases.
I would have thought that the FBI really has no interest in delaying this kind of thing - they have been under a lot of scrutiny lately (as has the CIA), and they don't need more bad publicity, even if it is about immigrants (who are a 3rd class in US society to start with).
The USCIS on the other hand, is, well, USCIS. No one *really* cares, and the only things you ever see happening is more restrictions, or clogging up the system even more by suggesting that illegal immigrants get parole...
I'm now worried!
Ladies and Gents:
I've read all the horror stories about the GC FBI name checks. I was interviewed on Sept 9, 2004-at the Houston DHS office-and was told after the interview that I will be informed when they receive results from the FBI name check! It has now been 174 days and no reply as of yet. I have my attorney send them status checks every now and then. They come back saying the case is still pending results from the name check!
I wonder if it's going to take a year (or two) before anything concrete really happens! Jeeez! This is my 12th year and counting to get my GC. How long can one wait??? I was sponsored through my father i.e. family based petition! The ironic part is that I cannot even get married until I actually get approved...otherwise I lose it all...I have to remain unmarried...
I hope for everyone's sake...UCIS should get their act together and start working on these types of cases! Does anyone have a similar experience out of the Texas area????
Appreciate your input...
Omar
Ladies and Gents:
I've read all the horror stories about the GC FBI name checks. I was interviewed on Sept 9, 2004-at the Houston DHS office-and was told after the interview that I will be informed when they receive results from the FBI name check! It has now been 174 days and no reply as of yet. I have my attorney send them status checks every now and then. They come back saying the case is still pending results from the name check!
I wonder if it's going to take a year (or two) before anything concrete really happens! Jeeez! This is my 12th year and counting to get my GC. How long can one wait??? I was sponsored through my father i.e. family based petition! The ironic part is that I cannot even get married until I actually get approved...otherwise I lose it all...I have to remain unmarried...
I hope for everyone's sake...UCIS should get their act together and start working on these types of cases! Does anyone have a similar experience out of the Texas area????
Appreciate your input...
Omar
All you folks thinking of mandamus - see info I wrote up:
http://immigrationportal.com/showthread.php?t=167288
http://immigrationportal.com/showthread.php?t=167288
steveva2001
Registered Users (C)
talkative said:
A very concise and informative posting (even if you do say that it may not be 100% accurate). Thank you.
Someone made the comment above that contacting the FBI and Congresspersons/Senators offices are only any good in citizenship cases... call me cynical, but could that be because, after you do become a citizen, you get to vote...
anti-climacus
Registered Users (C)
Congressional Testimony on FBI Name Check!
Check out this fascinating testimony delivered before US Congress on FBI Name Checking on February 25, 2005. The testimony is on the Visa Mantis Procedure designed for visa applications from international travelers coming to the United States to work or study in scientific or technical fields. However, much of the information may be interesting to many other foreigners.
http://www.fbi.gov/congress/congress04/garrity022504.htm
Here is also a Congressional Testimony on FBI name check for business travelers to the US delivered on July 10, 2003
http://www.fbi.gov/congress/congress03/garrity071003.htm
Below you will find the most germane information from the first link. It may be worth your time, however, to read whole testimonies from both links.
-------------------------------------------------------
FBI Name Check Process
The FBI receives information on the applicants from the Department of State via computer disc, cable, or manual (facsimile) submissions. The requests are entered into the FBI's National Name Check Program (NNCP). The information is searched against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and approximate date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, co-conspirators, or victims whose names have been indexed for later retrieval. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, et cetera. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.
If there is a match with a name in a FBI record, it is designated as a "Hit," meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or index entry to further refine the names "Hit" upon. If the search develops a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.
Approximately 85% of name checks are electronically returned to the Department of State as having "No Record" within 72 hours. A "No Record" indicates that the FBI's Central Records System contains no identifiable information regarding this individual. By agreement with the Department of State, partially due to our concern about the time factors in approving visa requests, a "No Record" equates to a "No Objection" to the issuance of a visa. The investigative divisions in the FBI, (i.e., the Counterterrorism Division, the Counterintelligence Division, the Criminal Investigative Division, and the Cyber Division) do not review visa requests where there is no record of the 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 to State.
With the remaining 15% that were not immediately eliminated as a "No Record," because a name and birth date are not sufficient to positively correlate the file with an individual, additional review is required. A secondary manual name search usually identifies an additional 10% of the requests as also not being identical to an individual in our files, for a 95% overall "No Record" response rate. This is usually accomplished within a week of the request. The remaining 5% are identified as possibly being the subject of an FBI record. The FBI record must now be retrieved and reviewed. If the records were electronically uploaded into the FBI Automated Case Support (ACS) electronic record-keeping system, it can be viewed quickly. If not, the relevant information must be retrieved from the existing paper record. Review of this information will determine whether the information is identified with the subject of the request. If not, the request is closed as a "No Record."
The information in the file is reviewed for possible derogatory information. Less than 1% of the requests are identified with an individual with information that is derogatory or poses concern to the FBI about having access to sensitive or special U. S. technologies. These requests are forwarded to the appropriate FBI investigative division for further analysis. If the investigative division determines there is no objection to the visa request, the request is returned to the name check dissemination desk for forwarding to the Department of State. Results of the name check process are returned to the Department of State twice weekly by computer disc or telephonically in expedited requests.
If there is an objection to the visa request, the investigative division will prepare a written Security Advisory Opinion and forward it separately to the Department of State. In instances where the investigative division determines it appropriate, that individual will be placed on a watch list. In reviewing these visa requests, the FBI has, in the past, identified individuals attempting to enter the United States who are of serious concern to the FBI.
I want to emphasize to you that the FBI is sensitive to the impact that delays in visa processing of students and scholars may have on business, education, foreign relations, and worldwide perceptions of the United States. With these considerations in mind, the FBI is working diligently with the Department of State toward the common goal of improving the expediency and efficiency of the visa clearance process. At the same time, the consequences of the FBI’s mission on homeland security requires that our name check process be primarily focused on accurate and thorough results. This means that there are instances when the FBI’s review of a visa request must require as much time as needed to obtain an unequivocally correct result.
Processing Times
The FBI’s goal is to have all visa requests completed within 120 days. Attachment A illustrates the current status of how long it takes to complete Visas Mantis name checks. This status is current as of February 23, 2004. For Visas Mantis, the FBI received 1,522 requests in the month of January 2004 and by February 23 had resolved 1,334, or 88% of them. In the month of December 2003, the FBI received 1,446 Visas Mantis requests and by February 23 had resolved all but 130 of these requests for a 91% resolution rate. The percentages continue to rise over time, with 95% of Visas Mantis requests resolved within 90 days. Visas Mantis are particularly difficult to resolve due to the predominance of requests from China and the commonality of Asian names.
A common question we receive is, "How long does it take to complete a visa request name check?" As shown on the graph, 88% are completed in 30 days and 98% of the requests are resolved in 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Some delay occurs at substantive analysts’ desks, but this is to be expected. These analysts are assigned to an investigative division and are primarily assigned to the analysis of intelligence reports from around the world in order to support on-going investigations, or to support the flow of intelligence to policy makers. Despite these significant and voluminous responsibilities, these are the best professionals to review information in our records and to then make an informed decision on whether a requester of a visa represents a threat to our homeland, or is interested in illegally acquiring targeted U. S. special technology. You will understand, however, that with the press of other business, the reviews of visa requests do not always achieve the analysts' highest priority in their assigned work. I would add, in response to one of the questions posed in the invitation to testify before this Committee, that the investigative divisions believe the information found in the Visas Mantis requests they review is of use in their other responsibilities.
Check out this fascinating testimony delivered before US Congress on FBI Name Checking on February 25, 2005. The testimony is on the Visa Mantis Procedure designed for visa applications from international travelers coming to the United States to work or study in scientific or technical fields. However, much of the information may be interesting to many other foreigners.
http://www.fbi.gov/congress/congress04/garrity022504.htm
Here is also a Congressional Testimony on FBI name check for business travelers to the US delivered on July 10, 2003
http://www.fbi.gov/congress/congress03/garrity071003.htm
Below you will find the most germane information from the first link. It may be worth your time, however, to read whole testimonies from both links.
-------------------------------------------------------
FBI Name Check Process
The FBI receives information on the applicants from the Department of State via computer disc, cable, or manual (facsimile) submissions. The requests are entered into the FBI's National Name Check Program (NNCP). The information is searched against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and approximate date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, co-conspirators, or victims whose names have been indexed for later retrieval. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, et cetera. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.
If there is a match with a name in a FBI record, it is designated as a "Hit," meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or index entry to further refine the names "Hit" upon. If the search develops a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.
Approximately 85% of name checks are electronically returned to the Department of State as having "No Record" within 72 hours. A "No Record" indicates that the FBI's Central Records System contains no identifiable information regarding this individual. By agreement with the Department of State, partially due to our concern about the time factors in approving visa requests, a "No Record" equates to a "No Objection" to the issuance of a visa. The investigative divisions in the FBI, (i.e., the Counterterrorism Division, the Counterintelligence Division, the Criminal Investigative Division, and the Cyber Division) do not review visa requests where there is no record of the 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 to State.
With the remaining 15% that were not immediately eliminated as a "No Record," because a name and birth date are not sufficient to positively correlate the file with an individual, additional review is required. A secondary manual name search usually identifies an additional 10% of the requests as also not being identical to an individual in our files, for a 95% overall "No Record" response rate. This is usually accomplished within a week of the request. The remaining 5% are identified as possibly being the subject of an FBI record. The FBI record must now be retrieved and reviewed. If the records were electronically uploaded into the FBI Automated Case Support (ACS) electronic record-keeping system, it can be viewed quickly. If not, the relevant information must be retrieved from the existing paper record. Review of this information will determine whether the information is identified with the subject of the request. If not, the request is closed as a "No Record."
The information in the file is reviewed for possible derogatory information. Less than 1% of the requests are identified with an individual with information that is derogatory or poses concern to the FBI about having access to sensitive or special U. S. technologies. These requests are forwarded to the appropriate FBI investigative division for further analysis. If the investigative division determines there is no objection to the visa request, the request is returned to the name check dissemination desk for forwarding to the Department of State. Results of the name check process are returned to the Department of State twice weekly by computer disc or telephonically in expedited requests.
If there is an objection to the visa request, the investigative division will prepare a written Security Advisory Opinion and forward it separately to the Department of State. In instances where the investigative division determines it appropriate, that individual will be placed on a watch list. In reviewing these visa requests, the FBI has, in the past, identified individuals attempting to enter the United States who are of serious concern to the FBI.
I want to emphasize to you that the FBI is sensitive to the impact that delays in visa processing of students and scholars may have on business, education, foreign relations, and worldwide perceptions of the United States. With these considerations in mind, the FBI is working diligently with the Department of State toward the common goal of improving the expediency and efficiency of the visa clearance process. At the same time, the consequences of the FBI’s mission on homeland security requires that our name check process be primarily focused on accurate and thorough results. This means that there are instances when the FBI’s review of a visa request must require as much time as needed to obtain an unequivocally correct result.
Processing Times
The FBI’s goal is to have all visa requests completed within 120 days. Attachment A illustrates the current status of how long it takes to complete Visas Mantis name checks. This status is current as of February 23, 2004. For Visas Mantis, the FBI received 1,522 requests in the month of January 2004 and by February 23 had resolved 1,334, or 88% of them. In the month of December 2003, the FBI received 1,446 Visas Mantis requests and by February 23 had resolved all but 130 of these requests for a 91% resolution rate. The percentages continue to rise over time, with 95% of Visas Mantis requests resolved within 90 days. Visas Mantis are particularly difficult to resolve due to the predominance of requests from China and the commonality of Asian names.
A common question we receive is, "How long does it take to complete a visa request name check?" As shown on the graph, 88% are completed in 30 days and 98% of the requests are resolved in 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Some delay occurs at substantive analysts’ desks, but this is to be expected. These analysts are assigned to an investigative division and are primarily assigned to the analysis of intelligence reports from around the world in order to support on-going investigations, or to support the flow of intelligence to policy makers. Despite these significant and voluminous responsibilities, these are the best professionals to review information in our records and to then make an informed decision on whether a requester of a visa represents a threat to our homeland, or is interested in illegally acquiring targeted U. S. special technology. You will understand, however, that with the press of other business, the reviews of visa requests do not always achieve the analysts' highest priority in their assigned work. I would add, in response to one of the questions posed in the invitation to testify before this Committee, that the investigative divisions believe the information found in the Visas Mantis requests they review is of use in their other responsibilities.
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