I am now a (confirmed) victim of name check pending!

udacha,
did you think about filing 'mandamus' to sue FBI/USCIS?
I am stuck in name check tohether with spouse since oct 2003... thinking to file it in fall if no approval by then...looks like the cost is around 350-400 $ if doing yourself.
 
Compass,

I did think about but my lawyer refused to support it saying that the FBI doesn't violate any law or govermental procedure by delaying my husband's name check. If it is a true database "hit" then they are just doing their job which requires them to identify and talk everyone who generated the record in the database and get all of the evidence (sometimes on paper stored in some remote location) to clear this "hit". We had a long conversation with the senator's assistant about this and he says their previous attempts to intervene all resulted in even more delays and refusal to give any information about other cases. So even the senator didn't recommend this even though they successfully helped someone to file a case like that against USCIS. They all say that the FBI is totally different as they don't have to comply with the Freedom of Information Act.
 
Udacha.... you are killing my only hope!
Well I decided to think about this more...anyway I did not plan it soon...but! how long must we wait????
Best case, USCIS will finally set a time frame for it...worst, nothing will happen. For a moment (from someone's info) I was hoping they approve after NC pending for 3 years, due to timing out those 'hits'. But recently someone got approved (also from Russia), his name check was pending since April 2001 which means almost 5 years!!!!
Well, the info posted here on mandamus shows that several of them were approved within 60 days, and just one was rejected (court decided, like you said, that FBI just does his job and if they need that much time - ok), but this case was I think NC pending for less than 2 years.
 
I think those cases that were approved after filing mandamus weren't really the true FBI delays but some USCIS b..t when the results were lost between the agencies. If you really got an reply from the FBI that says that your name check is pending then no judge in the world will grant you an approval if they even suspect that you may be a foreign spy, former fascist or whatever. The saddest thing here is that the FBI doesn't even have to give reason for the delay as they can also claim some clearance/security immunity...
 
Compass,

One more thing... Four years ago when we had to decide who files for GC - me or my husband (we both had independent H1Bs) - our lawyer very strongly insisted on me being the primary because he was almost confident that my husband's case will get stuck at the FBI and that if it happened at least I would be able to get my case approved. We didn't really care or believe him at that time, but how insightful it was... Obviously it is a well known fact among good immigration lawyers.
 
udacha6 said:
Compass,

One more thing... Four years ago when we had to decide who files for GC - me or my husband (we both had independent H1Bs) - our lawyer very strongly insisted on me being the primary because he was almost confident that my husband's case will get stuck at the FBI and that if it happened at least I would be able to get my case approved. We didn't really care or believe him at that time, but how insightful it was... Obviously it is a well known fact among good immigration lawyers.
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How common is your name? Mine is pretty damn common... :(
 
I don't think it is our name (it isn't unique, but it isn't common either). It is more like military education and PVO officer rank received in college or some low clearance required in the technical schools or something else...
 
udacha6 said:
I don't think it is our name (it isn't unique, but it isn't common either). It is more like military education and PVO officer rank received in college or some low clearance required in the technical schools or something else...
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Which country is your husband from?
 
Where is it on I-485 a question(s) regarding military education or security clearances received?
 
udacha6 said:
I don't think it is our name (it isn't unique, but it isn't common either). It is more like military education and PVO officer rank received in college or some low clearance required in the technical schools or something else...
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I doubt there is importance of the name (I know people with common names, NC completed fast, and with rare names, stuck...), and not sure about the gender (I am stuck in NC together with my spouse), maybe age is important to some extent (our daughter's NC was completed after 6 months). I never had any criminal issues, no military education at all! well maybe my past experience - 20 years ago I had such 'low clearance' (#4? I forgot)....
 
Damascus,
My husband is Russian.

Rir_or,
There is no question like that in the I485, but things like that come up during the name check.
 
udacha6 said:
Rir_or,
There is no question like that in the I485, but things like that come up during the name check.
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I don't think so. They run your name against their databases of known terrorists/criminals. There might be a DB of people with military/restricted access characteristics, but i doubt it.
 
Name check is a mess. I have an uncommon first and the last name, No criminal issues and military service etc. I am stuck for more than 1yr so I think their system doesn't like few people like us:rolleyes:
 
Here is what I learned about the FBI process from the senator's office and internet.

The database is a lot more than terrorists and criminals. It is also scientists, people affiliated with some religious and political organizations, workers with foreign security clearances and many many more. You may have a file in the FBI if you ordered a book on the explosives in the library last year (Patriot's Act) or were arrested for drunk-driving or had access to the sensitive informaiton (like weapon or nuclear technology) here or abroad. The senator's assistant even told us that a "hit" in the database doesn't even have to be you to cause further investigation, but may be your immediate relatives because your LPR status or citizenship rights will eventually allow them to come here as well...
 
udacha6 said:
Here is what I learned about the FBI process from the senator's office and internet.

The database is a lot more than terrorists and criminals. It is also scientists, people affiliated with some religious and political organizations, workers with foreign security clearances and many many more. You may have a file in the FBI if you ordered a book on the explosives in the library last year (Patriot's Act) or were arrested for drunk-driving or had access to the sensitive informaiton (like weapon or nuclear technology) here or abroad. The senator's assistant even told us that a "hit" in the database doesn't even have to be you to cause further investigation, but may be your immediate relatives because your LPR status or citizenship rights will eventually allow them to come here as well...
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Wow! Sounds scary. I guess I'm stuck in NC because I rented a lot of violent action movies in the past few years from my local library. :eek:

Anyhow, my pain may have been just started (in the NC for about a year) and keep counting ...
 
dragonhead said:
Wow! Sounds scary. I guess I'm stuck in NC because I rented a lot of violent action movies in the past few years from my local library. :eek:

Anyhow, my pain may have been just started (in the NC for about a year) and keep counting ...
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It doesn't help that you are scared either. It is not a big deal to be in the database. The big deal is that your file may be in a pile of millions waiting to be prepared by a couple of FBI agents.
 
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