FBI Name Check

eugene176

Registered Users (C)
#41
sarrebal said:
If you hold a valid H1-B visa not only you could freely travel (if you used your EAD your H1B has been canceled though), but you don't even need advance parole.
Did the interviewer take your I-94 away? That could be the only problem.
Unfortunately, I accepted an employment offer a week before the interview and just started this week. :( I used my EAD..making my H1 invalid.
 

eugene176

Registered Users (C)
#42
sarrebal said:
If you hold a valid H1-B visa not only you could freely travel (if you used your EAD your H1B has been canceled though), but you don't even need advance parole.
Did the interviewer take your I-94 away? That could be the only problem.
By the way, I forgot to mention that I still have my I-94. Is this a bad sign?
 

ip_everywhere

Registered Users (C)
#43
eugene176 said:
By the way, I forgot to mention that I still have my I-94. Is this a bad sign?
Why did your officer told you not to travel on AP? If you have not overstayed your orginal visa, then its perfectly fine to leave country and come back again using AP.
What reason your officer and lawyer gave you, when you've been told not to travel on AP?

Thanks
 

mr_roomi

Registered Users (C)
#44
More than four years now.

Hi Everyone,

Submitted my case in beginning of 2002
Finger prints after a month - April 2002
First Interview: same month - April 2002(he told me, INS will get back to me soon).
Second Interview Call : April 2006, Interview cleared and officer told me I need to get Name Check.
Finger Prints : 04/04/2006 (very next day)....now it pending

Once I read an article about FBI Name check in which he/she mensioned that name, country and religion is a key factor for delay.

Mr_Pakistan.

(Paiwasta Rah Shajar Say Umaiday Bahar Rakh)
 

EricNeesGC

Registered Users (C)
#45
mr_roomi said:
Hi Everyone,

Submitted my case in beginning of 2002
Finger prints after a month - April 2002
First Interview: same month - April 2002(he told me, INS will get back to me soon).
Second Interview Call : April 2006, Interview cleared and officer told me I need to get Name Check.
Finger Prints : 04/04/2006 (very next day)....now it pending

Once I read an article about FBI Name check in which he/she mensioned that name, country and religion is a key factor for delay.

Mr_Pakistan.

(Paiwasta Rah Shajar Say Umaiday Bahar Rakh)
mr_roomi,

I am curious...what happened between April 2002 and April 2006? Did you ever follow-up with USCIS (or BCIS then)? What was the reason for the second interview and why was name check not initiated after the first FP or was it initiated and still pending?
 

mr_roomi

Registered Users (C)
#46
Wondering

Hi There,

At the first interview, he didn't ask any question, just, what is her name, your name, how did you meet each other...etc...very simple things,
in 2002, there wasn't any name check thing that time. so fingure prints were clear when we went there. But fingure print expires every 15 months. During this time, I've been going there and asking status, but everytime they told me that wait for another interview.....no explaination....They never sent me any notification for FP.
After successful interview he said, now go for FP/Name Check.

You can imagine my frustration.....but nothing we can do...right?

Later,
 

runaway73

Registered Users (C)
#47
I am suing

Hello all,

I had my interview on June 20 and got my I-130 approved. My application package was sent on March 1 with a Notice Date of March 10. My I-485 is pending due to a name check.

As with everyone else, the online status was last updated (LUD) on July 12 but no change in the text of the status. I thought I might receive my approval letter but I didn't. I believe it was something internal like blowing the dust off and accordingly, push an LUD button.

I selected my attorney two weeks after the interview and we are preparing the law suit. I am not falling into the trap of waiting for years saying it will happen now and it will happen then. We are filing the suit on October 20. I would urge everyone to do so as I see this the only way to exert pressure on USCIS to stop messing around with other people's life.
 

sarrebal

Registered Users (C)
#48
runaway73 said:
I selected my attorney two weeks after the interview and we are preparing the law suit. I am not falling into the trap of waiting for years saying it will happen now and it will happen then. We are filing the suit on October 20. I would urge everyone to do so as I see this the only way to exert pressure on USCIS to stop messing around with other people's life.
IMO, I think they're just doing their job. I'd rather them taking more time and be sure that they won't give PR to any troublemaker. It is unfortunate to get stuck in the name check, but if it happens we have to accept it. It is for our good. And they don't mess around with people lives. You have EAD and AP (if you don't, you could obtain them), so you could work and travel, but let them do their job (and save ourselves some tax money).
 

gc_2006

Registered Users (C)
#50
Well, the real troublemakers probaly get illegal papers since they would raise too many flags in the system anyway. As usual it is us - the majority of righteous ones that have to suffer.

Since you guys are talking about family based AOS you might not be aware of this - but in employment based AOS you are required to stay with the sponsoring employer and even after a while needs to be in the same or similar position of you switch. That could mean not being able to accept a promotion because of being stuck for a long time in AOS. USCIS and the whole process definitely has the potential to mess with someone's life.

sarrebal said:
IMO, I think they're just doing their job. I'd rather them taking more time and be sure that they won't give PR to any troublemaker. It is unfortunate to get stuck in the name check, but if it happens we have to accept it. It is for our good.
 

ip_everywhere

Registered Users (C)
#51
sarrebal said:
IMO, I think they're just doing their job. I'd rather them taking more time and be sure that they won't give PR to any troublemaker. It is unfortunate to get stuck in the name check, but if it happens we have to accept it. It is for our good. And they don't mess around with people lives. You have EAD and AP (if you don't, you could obtain them), so you could work and travel, but let them do their job (and save ourselves some tax money).
I hope and wish you well that you don't have to stuck with this namecheck. As you have no idea how frustating this could be.
There are many reasons why some one woudl want to have a GC in hand asap other than being eligiable to work. Including but not limilting to ,one doesn't require a visit visa for certain countries. Plus ppl have their immediate family members(parents, childrens etc) overseas, who they want to sponsor as soon as they can, after they get Naturailzed, but first they have to cross this obstacles of getting their namechecks cleared. And not everyone has clean immigration history, so if they have ever overstayed their visas than they can't leave country w/out a GC.
A/c to my research in 80-90% cases Sueing is the only method which seems to work, otherwise USCIS simply doesn't care at all. If you don;t sue them you can be waiting for rest of your your life easily or atleast for several yrs w/out hearing a single word back from them.
Thanks
 

ip_everywhere

Registered Users (C)
#52
runaway73 said:
Hello all,

I had my interview on June 20 and got my I-130 approved. My application package was sent on March 1 with a Notice Date of March 10. My I-485 is pending due to a name check.

As with everyone else, the online status was last updated (LUD) on July 12 but no change in the text of the status. I thought I might receive my approval letter but I didn't. I believe it was something internal like blowing the dust off and accordingly, push an LUD button.

I selected my attorney two weeks after the interview and we are preparing the law suit. I am not falling into the trap of waiting for years saying it will happen now and it will happen then. We are filing the suit on October 20. I would urge everyone to do so as I see this the only way to exert pressure on USCIS to stop messing around with other people's life.

I have sent you a personal message. Pls respond
Thanks
 

EricNeesGC

Registered Users (C)
#54
runaway73 said:
Hello all,

I had my interview on June 20 and got my I-130 approved. My application package was sent on March 1 with a Notice Date of March 10. My I-485 is pending due to a name check.

As with everyone else, the online status was last updated (LUD) on July 12 but no change in the text of the status. I thought I might receive my approval letter but I didn't. I believe it was something internal like blowing the dust off and accordingly, push an LUD button.

I selected my attorney two weeks after the interview and we are preparing the law suit. I am not falling into the trap of waiting for years saying it will happen now and it will happen then. We are filing the suit on October 20. I would urge everyone to do so as I see this the only way to exert pressure on USCIS to stop messing around with other people's life.
You are planning to sue already after one month? Even if your case is put in courth in October, IMO, it will be thrown out and USCIS will be given more time to finish up the proceedings. It is a norm for them to take upto 4 months and it MAY take longer if they are suspicious. I am not asking you not ot sue, neither am I trying to start another thread on "to sue or not to sue". All I am saying is be patient and wait for atleast a year before you sue them. Otherwise you will just be wasting money.

Furthermore, you do not need a lawyer to sue. Just post a thread here and someone WILL help you out in filing papers. Ask your lawyer why he agreed to file the suit just after 4 months eventhough he knows that the case will be thrown out? If you get a satisfying answer, let me know and I will use the same lawyer for my case :)
 

sarrebal

Registered Users (C)
#55
ip_everywhere said:
I hope and wish you well that you don't have to stuck with this namecheck. As you have no idea how frustating this could be.
There are many reasons why some one woudl want to have a GC in hand asap other than being eligiable to work. Including but not limilting to ,one doesn't require a visit visa for certain countries. Plus ppl have their immediate family members(parents, childrens etc) overseas, who they want to sponsor as soon as they can, after they get Naturailzed, but first they have to cross this obstacles of getting their namechecks cleared. And not everyone has clean immigration history, so if they have ever overstayed their visas than they can't leave country w/out a GC.
A/c to my research in 80-90% cases Sueing is the only method which seems to work, otherwise USCIS simply doesn't care at all. If you don;t sue them you can be waiting for rest of your your life easily or atleast for several yrs w/out hearing a single word back from them.
Thanks
I understand your point and I understand how frustrating it could be.
But we shouldn't forget that a green card is a benefit, not a right.
It's their duty to double and triple check whomever this benefit is given to, especially after what happened recently and what is happening nowadays in the world.
There are people whose namecheck has been cleared weeks or few months after the interview. It is a time-consuming process, especially if the country of origin doesn't have adequate security department where FBI could interact.
Also, if we get our interviews after 3/4 months, it is obvious that many namechecks are not completed by then.
I don't agree with sueing for every little thing. Everybody sues everybody for nothing in this country. Something is wrong with the tort system (I shouldn't say this cuz my wife is in law school) and then when you really have to sue somebody, they probably think it's BS...
 

eddie_d

Registered Users (C)
#57
sarrebal said:
I don't agree with sueing for every little thing. Everybody sues everybody for nothing in this country. Something is wrong with the tort system (I shouldn't say this cuz my wife is in law school) and then when you really have to sue somebody, they probably think it's BS...
You sir have offended me...I'm suing you.
See you in court.
 

sarrebal

Registered Users (C)
#58
eddie_d said:
You sir have offended me...I'm suing you.
See you in court.
It sounds like a joke, but that's what really happens.
There's only one winner at the end: the lawyers!
Companies most of the times lose because they'd rather have a settlement than spending money in legal fees.
 

Hiddendragon38

Registered Users (C)
#60
hi, Appleyao,

didn't know you are waiting for name check as well... did you every get an infopass and try to figure out the status? my immigration officer told me to set up an infopass in three month, which is coming soon...
 
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