FBI Name Check

aswresm said:
I applied for I-485 in November 2006 - family based through marriage to a U.S. Citizen. Since then my case has been pending a back ground check investigation to clear. I also submitted an I-765 application with the 485, and did not receive my EAD until NINE MONTHS later. When I finally received my EAD card, my name was misspelled and I had to send it back and wait another month for them to correct it. And now I am still awaiting the back ground check and have not even been scheduled for an interview after A YEAR AND A HALF of applying. I also just figured out recently that my DOB is incorrect in my 485 file. I contacted my congressman, submitted over 9 service requests through the customer service number, 4 info-pass appointments, and no one can answer as to why the USCIS has not sent for my interview yet.

Has this happened with anyone? - failure to interview? ...... is my case approvable under the new February memo even though I did not complete an interview - as my case has been pending a background check for over a year. I am desperate for any kind of answer or explanation. PLEASE HELP!!
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1. file a case agaisnt USCIS ( mandamus complaint )

2. write to Ombudsman, congressman , first lady , District Director
 
went to fed plaza today and the same thing pending "security clearance". the lady at the desk could not clearly specify what it means?. she first said backgrd investigation and when i told her i have been told at garden city that the NC is cleared and pending security clearance she fills a sheet out "pending security clearance" and gives it to me all his after travelling 5hrs back and forth and 4hrs waiting in the office. i dont know what it means? the fp check is from oct 21 2006. have they expired? she kept telling me they have the Fps i took in feb 2007 i kept telling her that that was never sent to the FBI. she basically said they will mail me if they need another set of FPs. i have to go back in 60 days. really confused:confused: does anyone know where the files are when they are pending security clearance. she goes they are at an undisclosed location.:mad::mad:....i think she was just trying to shoo me off.

anybody can help me with this situation?
 
Unlucky girl, your remedy is a lawsuit (mandamus). They will tell you all kind of crap by the time you press them with a lawsuit. It is so simple.
I have filed the lawsuit by myself (pro se) for my wife and we got her citizenship in no time after waiting 3 years. Her case never went before judge. It costed me only $400 to file and send summons. I will file for myself too if I do not get the card by September. After you file, you do not have to look for USCIS, they'll look for you!

First read this:
http://en.wikibooks.org/wiki/FBI_name_check

then read the forum for details.

http://boards.immigration.com/showthread.php?t=194681&highlight=mandamus

In the beginning the whole thing looks complicated. But it takes only a couple of days of reading to master all the information. You have nothing to lose. Most of the time USCIS would act right after you file. The worst case scenario would be the judge rejects your case, which means you should keep waiting. You are waiting anyway, aren't you?
 
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I agree with hornshonking. I would recommend that you download the sample Complaint document(it's the primary document when you file a lawsuit) from the web page mentioned in the post. If you need background on these kind of lawsuits, see http://en.wikibooks.org/wiki/FBI_name_check#Other_Documents_of_Interest

esp. http://www.klaskolaw.com/library/files/litiga~1.pdf , http://www.klaskolaw.com/library/files/federa~1.pdf and http://law.fordham.edu/ihtml/page3.ihtml?imac=1137&pubID=500&articleid=2755

Once you read couple of documents, you will get familiar with the terminology and gradually become more comfortable. Good luck!

hornshonking said:
Unlucky girl, your remedy is a lawsuit (mandamus). They will tell you all kind of crap by the time you press them with a lawsuit. It is so simple.
I have filed the lawsuit by myself (pro se) for my wife and we got her citizenship in no time after waiting 3 years. Her case never went before judge. It costed me only $400 to file and send summons. I will file for myself too if I do not get the card by September. After you file, you do not have to look for USCIS, they'll look for you!

First read this:
http://en.wikibooks.org/wiki/FBI_name_check

then read the forum for details.

http://boards.immigration.com/showthread.php?t=194681&highlight=mandamus

In the beginning the whole thing looks complicated. But it takes only a couple of days of reading to master all the information. You have nothing to lose. Most of the time USCIS would act right after you file. The worst case scenario would be the judge rejects your case, which means you should keep waiting. You are waiting anyway, aren't you?
Click to expand...
 
thanks for the response. i guess i will wait for another 60 days and do exactly that. in the meantime will write to every person possible regarding my case. the thing i am mad about is nobody at the office is maknig an extra effort to find out what really is the problem
 
Is anyone here who is filing a WOM lawsuit also asking to have the approval backdated so that we can credit for the time name check was going on. I have also been stuck in name check for more than 2 years now and am getting ready to file WOM. I think it would be good though if the GC can be backdated so that we can immediately apply for removal of conditional status.
 
So I still follow up on my case. I mean who wouldn't.

Found out that my file has been transferred to the office of the city that I currently live in and that I need to make an InfoPass appointment.

Hahaha. Seriously, USCIS has to be the shittiest organization I have ever dealt with in my life. And I come from a third world country.
 
marriedtoanut said:
So I still follow up on my case. I mean who wouldn't.

Found out that my file has been transferred to the office of the city that I currently live in and that I need to make an InfoPass appointment.

Hahaha. Seriously, USCIS has to be the shittiest organization I have ever dealt with in my life. And I come from a third world country.
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Yes USCIS is the most unprofessional organization full of retards
 
Received my GC today. Somehow I don't feel that thrill anymore. This process gave us a lots of stress. But it is over now.

Thanks a bunch.
 
I have a question... if anyone knows the answer would appreciate it.
I was stuck in namecheck for 2 years.
I got my GC approved recently due to the new name check memo and the officer stamped my passport as approved (it was my second interview, I've been married over 2 years). My question is: Will I get an actual card in mail or not and how long will it be valid for(if I get one)? The temporary stamp in my passport is valid only for 1 year. Does USCIS wait for the namecheck approval to go though before they mail you the actual card (which might still take - no one knows how long).
 
I moved last year, so I guess USCIS had to transfer file to the new local office. Anyway, I got an email saying card production ordered .. so that answers my question.
 
And my guess is that I had a second interview because my first one took place before my second wedding anniversary. At the time of approval (today), I've been married for more than 2 years, so before approving for the 10 year GC, USCIS wanted to make sure I am still married. Anyway, it's all speculation (and I do hope I get a 10 year GC so that I don;t have to go through the renewal process again in 2 years).
 
who should I write to?

Hi,
I have been waiting for my green card for a long time as you can see on my signature. I went to info pass the other day and they just told me to wait and when they get to my case they will contact me. Well, I am not going to wait anymore, I decided to write letters to the authorities so maybe my case can be moved quickly. But I have no idea about who to write and what to write. Please help me anyone who got some positive results by writing. Can I find some sample letters anywhere? Thanks for reading.
 
dream1130 said:
Hi,
I have been waiting for my green card for a long time as you can see on my signature. I went to info pass the other day and they just told me to wait and when they get to my case they will contact me. Well, I am not going to wait anymore, I decided to write letters to the authorities so maybe my case can be moved quickly. But I have no idea about who to write and what to write. Please help me anyone who got some positive results by writing. Can I find some sample letters anywhere? Thanks for reading.
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you can contact


1. District Director ( local office, where they have your file)- helps in some district office

2. CIS Ombudsman ( form 7001 - this moved my file )- you have to show the genuine grievance because of the delay.

3. Congressman or Senator ( they have case worker , call and talk to them note that you have to fill a waiver form for your info )

4. First lady ...

use the general format

From
John doe
case number : MSC XXXXXX

TO
District Director
XXXXXX city

Sub : delay in processing case or case out of current process date or delay causing personal problems...

Sir

[start]

message body

[/end]


Thank you

Respectively

(John Doe)
cell :
E- mail :
 
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mockingbird said:
I moved last year, so I guess USCIS had to transfer file to the new local office. Anyway, I got an email saying card production ordered .. so that answers my question.
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If you moved last year and u have already approved , then uscis has already transferred the file to the local office , i assume that you have updated ur address in the system , because uscis will send u the card at the address they have in file
 
dream1130 said:
Hi,
I have been waiting for my green card for a long time as you can see on my signature. I went to info pass the other day and they just told me to wait and when they get to my case they will contact me. Well, I am not going to wait anymore, I decided to write letters to the authorities so maybe my case can be moved quickly. But I have no idea about who to write and what to write. Please help me anyone who got some positive results by writing. Can I find some sample letters anywhere? Thanks for reading.
Click to expand...

As Prakash suggested , write to the district director and the ombudsman , also write to the senator and congressman of ur area , ask your spouse to write these letters , this is an election year so they might help

If nothing works sue USCIS by filing the writ of mandamus
 
i wrote to the district director,field director,ombudsman,senator,congressman last week. i wrote thew letter should it have been my husband he is the USC.
 
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