My name check has been pending since April 2003. I have written Mr. Hardy and got the reply: Wait. I did FOIPA also and found no record. I have tried everything I could do and I have no idea how long I shall still wait. I know many other people are in the same boat, should we take some action together? Are we still interested in filing a lawsuit?
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
For those with name check pending, should we sue FBI?
- Thread starter pharmboy
- Start date
eternal_labor
Registered Users (C)
Count me in
karns said:I am in...but is it a reality?
I asked the same question one of the very reputable lawyers. I am posting my question and his answer which makes it look like filing a lawsuit against FBI is a reality.
"I am waiting for adjudication of my employment-based Adjustment of status (I485) application for over 2.5 years. I am in EB1 - Outstanding Researcher category which is still current in terms of visa availability. My application is past the current processing times published for I485 at Vermont Service Center for over a year-and-a- half. I did several inquiries with USCIS and got a reply of pending security checks. I would guess that would be FBI Name Check. It looks like the Records division of FBI is severely backlogged with security checks with some portion of them taking over three years to complete. Is there a way to force these two government organizations involved to do their job and to finish these tasks which are taking them way beyond reasonable expectations? Looking at initiating some legal complaint I read about filing a writ of mandamus lawsuit in court against USCIS. I wonder if pending security checks issue will cause this lawsuit to be dismissed and if so are there any legal ways to pursue against the FBI Records division?"
Here is his answer:
"I'm about to file a case against the FBI and USCIS on a case just like this. I think that's the only thing that will shake it loose."
frank_2005
Registered Users (C)
I am in....
Gegemon said:I asked the same question one of the very reputable lawyers. I am posting my question and his answer which makes it look like filing a lawsuit against FBI is a reality.
"I am waiting for adjudication of my employment-based Adjustment of status (I485) application for over 2.5 years. I am in EB1 - Outstanding Researcher category which is still current in terms of visa availability. My application is past the current processing times published for I485 at Vermont Service Center for over a year-and-a- half. I did several inquiries with USCIS and got a reply of pending security checks. I would guess that would be FBI Name Check. It looks like the Records division of FBI is severely backlogged with security checks with some portion of them taking over three years to complete. Is there a way to force these two government organizations involved to do their job and to finish these tasks which are taking them way beyond reasonable expectations? Looking at initiating some legal complaint I read about filing a writ of mandamus lawsuit in court against USCIS. I wonder if pending security checks issue will cause this lawsuit to be dismissed and if so are there any legal ways to pursue against the FBI Records division?"
Here is his answer:
"I'm about to file a case against the FBI and USCIS on a case just like this. I think that's the only thing that will shake it loose."
So are you planning to take any step? Where do we start?
autumnheart
New Member
How do you find out if you are name checked? My husband got his 485 apprived recently, however, I do not. He did finger print in this March. I did finger print earlier than him - last Dec.. I suspect that I am name checked too as my name is very common in China. Could you let me know how do you know if you are name checked? Also, does name check occur before finger print or after finger print? Thank you!
Update on the possibility of lawsuit. I did some searching and here is what I found:
Writ of mandamus lawsuit has to be filed against USCIS. In this case USCIS sends an expedite request for FBI name check. And it gets done in ~3 days after that! Cost of attorney - ~$2,500, cost of filing ~$250. It should be done in a district court so you have to choose a local immigration attorney.
Writ of mandamus lawsuit has to be filed against USCIS. In this case USCIS sends an expedite request for FBI name check. And it gets done in ~3 days after that! Cost of attorney - ~$2,500, cost of filing ~$250. It should be done in a district court so you have to choose a local immigration attorney.
karns said:So are you planning to take any step? Where do we start?
Karns,
I am thinking very seriously about filing a writ of mandamus lawsuit. But there are some prep steps involved which I plan to address in the very near future:
- before filing a legal complaint in a federal court you have to have a proof that you have exhausted all other means to resolve this issue - by now I have two status inquiries, one expedite request and two letters to FBI. What is left are AILA liason and congressional inquiries and may be another status inquiry.
Also I'll try to send a draft of my complaint letter first (which I plan to use in the future for the writ of mandamus lawsuite) to US Attorney and USCIS Director before hiring an attorney and spending ~$2,500 to go to court.