FOIPA: more questions than answered...

[jwei]

My name check has been stuck since May. I sent a request to FBI for FOIPA. Here is the response that I have received:

This is in response to your FOIPA request noted above.

To promptly respond to requests, we concentrate on identifying main files in the central records system at FBI Headquarters. No records repsonsive to your FIOPA request were located by a search of the automated indices.

You may file an administrative appeal by writing to the Director.....within sixty days from the date of this letter...

So here is my question:

1. Since there were no records of me, why am I still stuck in the name check?
2. What is the difference btw. the system used for FOIPA and for Name Check?
3. What does he mean by 'appeal'? Should I appeal in this case?

Your input will be highly appreciated. Thanks to everyone.

 

[Cmapocma]

My name check has been stuck since May. I sent a request to FBI for FOIPA. Here is the response that I have received:

This is in response to your FOIPA request noted above.

To promptly respond to requests, we concentrate on identifying main files in the central records system at FBI Headquarters. No records repsonsive to your FIOPA request were located by a search of the automated indices.

You may file an administrative appeal by writing to the Director.....within sixty days from the date of this letter...

So here is my question:

1. Since there were no records of me, why am I still stuck in the name check?
2. What is the difference btw. the system used for FOIPA and for Name Check?
3. What does he mean by 'appeal'? Should I appeal in this case?

Your input will be highly appreciated. Thanks to everyone.

1. Because there are no records for your exact name and date of birth. But when they do the Name Check, they use different spellings of the name, last name alone, second name and last name alone, first name and second name alone....
2. same system, different inputs
3. if you don't agree with whatever they send you, you can appeal (protest) against the data they send you. Yeah, you can appeal and say: "this is wrong! I should have records. I am criminal!"

 

[jwei]

1. Because there are no records for your exact name and date of birth. But when they do the Name Check, they use different spellings of the name, last name alone, second name and last name alone, first name and second name alone....
2. same system, different inputs
3. if you don't agree with whatever they send you, you can appeal (protest) against the data they send you. Yeah, you can appeal and say: "this is wrong! I should have records. I am criminal!"

Thanks buddy. Your last sentence really cracked me up. I guess the long strenuous process has finally got me. A little paranoid.

So this is a good thing to some extent. I am considering filing a WOM. Could this be used as an argument that they have nothing on me and they should speed things up?

One final question, are there any benefits to request a FOIPA? ( I guess I should have asked the question before I did it, oh well...)

 

[Madison04]

FBI uses two databases for name check: the main database and the reference database. The latter contains not only names of criminals, but also any names that FBI came across during their investigations, including witnesses and all kinds of innocent people. For most of us who are stuck in name check, it's because part of our names matched that from the reference database, not the main.

As having been mentioned in FBI's response, they checked only the main database for your FOIPA request in order to provide you an answer within the period stated by law. So, to be honest, the FOIPA result means nothing. It can only be used to show the court that you had tried on your part to seek a resolution. That's all. --By the way, WOM cases for 485 are hard to prove and usually require the plaintiff to have waited for at least 1.5 years and 2 years the best to show the court the "unreasonableness". Given the many cases out there that have been stuck for years, yours is just too "fresh" to earn much sympathy from the judge. You may start to collect evidence now, but it's not a good time to prepare a WOM. Just my 2 cents.

 

[jwei]

Thank you Madison. I know my case is still relatively new. I am just collecting the materials that are necessary for the future WOM. Thanks again for your detailed insight.

 

[beesweet67]

Good info in these messages, guys. I'm curious if anyone knows about EB-3 status at Nebraska? I have not heard anyone EB3 approved. Was the visa cap reached already?
Thanks

 

[applejuice]

Hi, I've been thinking about filing a WOM. My I-485 (EB2 worldwide-Nebraska Serv Ctr) has been pending since 12/2005. My name check has been pending (assumingly since 12/05). I would appreciate if someone could comment on if I should file WOM now (by 3/2007 which would be 15 months) or wait longer.
Administrative efforts are as follows:

NSC inquiry : 10/16/2006 - told case was awaiting review
( called 2 times- nobody tells me why case is pending )
AILA inquiry 10/20/06 : response late 11/06 received that pending name check
Senator inquiry with INS 11/6/06 : on 11/8/06 told pending FBI name check
Senator inquiry with FBI 12/1/06 : awaiting response
Email to Congressman sent for FBI inquiry on 11/29/06 : awaiting response

I've not done FOIPA or infopass. Are these essential steps to do before considering WOM. After reading here on these posts, I think that if one's name check has been pending more than 1 year , its usually pending for 3 years.

 

[jwei]

AILA inquiry 10/20/06 : response late 11/06 received that pending name check

Hi AppleJuice, could you please tell me what AILA inquiry is and how to do it? Thanks.

In regards to your question, I think one year is good. You don't even have to wait for 15 months. Of course, this is my observation from readings on this site among many others.

 

[applejuice]

AILA stands for American Immigration Lawyers Association and this inquiry is initiated by an attorney who is a member of AILA. You can ask your attorney (if you have one) to do it for you.