rbarrage said:
Legal,
Thanks for your response! I have now been through this and other threads and am appalled at these name check delays. What is most interesting is the USCIS Ombudsman report that you provided a link to, which acknowledges the serious delays caused by name checks and recommends that the process be "reexamined."
I have some follow-up questions for you:
(1) Do you know whether there is any significance to the fact that my N-652 had the box checked for "Congratulations! Your application has been recommended for approval," as opposed to the box for "A decision cannot yet be made about your application"?
(2) Do you know of others who had security checks pending at the time of their interview who were subsequently given final approval within a month or two?
(3) Have you heard whether the E.D. Va. (Alexandria) handles section 1447(b) cases favorably to the immigrant in cases such as ours? If so, does the court adjudicate naturalization itself, or does it remand to the USCIS/FBI to adjudicate the case immediately? If the latter, how long does it take for the USCIS/FBI to adjudicate?
(4) I note that the USCIS 4/25/06 memo states: "Less than one percent of cases subject to an FBI name check remain pending longer than six months." Do you know when the 6-month period begins to run? Is it from the date of your fingerprints (in my case, March 18), or from some other date (e.g., the date that USCIS begins internally processing your N-400)? If it is from the date of fingerprints, then I will remain hopeful until September 18, after which time I will simply wait until the 120-day period is up (approximately December 10) and bring a 1447(b) petition.
Thanks again,
rbarrage
Hi buddy,
Here is my take on the questions you raised.
Ad 1: I do not think it makes a difference what they mark on the form. If the background check is pending, it is pending and they won't send you an oath letter until that is resolved. Do you know what check is pending? I know, from what I was told during my interview, that my FBI fingerprints as well as the IBIS check came back as 'No Record'. In my case, it is the FBI name check that is pending.
Ad 2: I think I recall maybe a handful of cases posted on this forum where the name check was pending at the time of the interview and it got resolved within 120 days post examination. The overwhelming majority has been stuck for way more than 120 days and have only been able to get things moving after filing 1447(b). My honest advise is: Do not waste too much time and energy writing letters to your Senators/Representatives. They are of no use. What I would suggest though is to follow up with an occassional InfoPass appointment. If you do so, keep the copies of the appointment letter. This is all stuff you can submit with your lawsuit as evidence, showing that you made an honest effort to get your case resolved within the Congressionally mandated 120 days.
Ad 3: There have not been too many 1447(b) cases in our Federal District Court. The single case where a 1447(b) lawsuit was rejected on the grounds that the court lacked jurisdiction was in May 2005 (Danilov case), which was filed in the Eastern District of VA. Yet, that does not constitute case law. Not even for our court. All other District Courts have rejected the reasoning in the Danilov case (excourse: in this case, the court bought into the argument put forth by the U.S. Attorney that the 120 day deadlined starts only AFTER all background checks are completed).
The court won't grant your naturalization. They will resort to the second demand in your prayer. It will remand the case back to USCIS/FBI giving them one last chance to fulfill their statutory and regulatory roles. Normally, the court will set a 30 to 60 day deadline. Within that timeframe, one can expect a request to dismiss the case. If you do not get the same stupid judge who ruled in the Danilov case, you should expect to be naturalized within two months of filing suit.
Ad 4: Well, they normally initiate the name check around the time you are fingerprinted. The six months window is made up and does not reflect reality. It seems these numbers are mere statistics, the time it would take to resolve a 'hit' if there was no backlog. With a 280,000ish name check backlog, the wait time you find on USCIS' and the FBI's website becomes meaningless. What I was told during my last InfoPass appointment this past Wednesday:
Chances of my name check clearing before the deadline runs out: ZERO, considering the tremendous backlog. She (the officer) suggested I should just file a lawsuit..or wait another 18 to 24 months for things to work itself out. Furthermore, she said that if a name check did not clear within 90 days of its submission, nothing would happen for a looong time..or until a lawsuit was filed.
I hope this helps.
Cheers!
Legal