Interview Done, but pending Security Clearence...!!!

Hi Guys,
Can you post what country you come from as well as your District Office.
I've heard that they might have a quota per each state?

J1 (2 year rule does not apply) married to USC 1/24/04
Citizenship: Slovak Republic
Interview: 2/15/05 DO Newark, NJ
Name check pending :(
 
My husband and I (USC) submitted for AOS Oct '03. We had our interview in June '04 (it went great). Since then we have heard nothing other than that the AOS is in "name check". That's 2 1/2 years and counting with no end in sight!! We've contacted our senator, INFOPASS, --no answers. We were trying to do this without the expense of an attorney, but it looks like a law suit is our only hope. This whole process has caused so much stress and expense (applying for AP and EADs). One good thing is that now that we've been married over three years - if and when he does get the green card it will not be conditional.

I've read though the threads on this website, but what it the longest that anyone has heard anyone waiting on an AOS? Besides sueing the federal government or waiting indefinately, what can we do?
 
In response to "why don't you file a lawsuit?"

I spoke with an attorney who estimated that it would cost $2,500 - only if he was apply to settle and not go to court. He also said that if the issue is because of the FBIs delay, that there is nothing that we might not be sucessful. So we would potentially be out $2,500 with nothing to show for it.
 
YOU WAIT SO LONG FOR THE INTERVIEW AND THEN GET STUCK IN NAME CHECK YOU WONDER WHAT THEY ARE DOING ?

And my god the thing about Mohammid Atta makes me sick, they are out of control on that one, thank for the info Mr Cash
anything you can do to not trigger name check or why it happens if we get it ill go off!
 
What is most annoying to me is that USCIS is not accountable. When I read the USCIS memo saying that 99% of name checks are concluded within 6 months, it just makes my blood boil!

I would be happier if I knew that they were actually doing something with the application. I understand that they have to do background checks, but as far I know, the application could have been misplaced years ago and we are waiting in vain. No one will tell us anything.

BTW, my husband does have a very common (albiet anglo-saxon) name.
 
Gone with the wind

aniretake said:
Then why in the world dont you file a lawsuit??? I am already reading how to do it, just in case i will need to use it.
Click to expand...


Hi there,

To tell the truth, I'm listening to many people. My lawyer, my husband and everybody under the sun. They all tell me to wait and I didn't know any better so i wait. Another truth, I DID NOT know that I have the right to sue such an agency. Till I found this forum on March 21 and I filed the law suit on March 31.

No one the blame but myself. The sad past was there were two little girl are involed, that my daughter.

Thank you to everyone contributions. this is the geartest thing ever happen to me beside my family. Thank you.

~C
 
Nope!!

smc01 said:
"cuties", do you have a common name?
Click to expand...

Hi there,
If you would come acrossed my post you will be real surpries for this to happened to me. My name is not at all commen. and my last mane, my father is an ophan with one sister and a brother. That was as far as the name goes.

~C
 
cuties said:
Hi there,
If you would come acrossed my post you will be real surpries for this to happened to me. My name is not at all commen. and my last mane, my father is an ophan with one sister and a brother. That was as far as the name goes.

~C
Click to expand...

Pardon me if you have posted this elsewhere, but are you from a country that the US has "issues" with? Have you been able to get any actual written evidence that you are in fact stuck in name check?

I would feel better if I could understand why this is happening. - or speak with someone who knows something.

They spend over 2 1/2 years checking my hard working, law abiding husband's name and process Mohamed Atta's application without complication! Crazy.
 
Is this name check?

I was called for a visa interview on January 4, 2006 at the London Embassy. They didn't issue the visa because of some "Additional Administrative Processing". My wife wrote them several times but received the same answer saying that my application is undergoing "additional administrative processing" and they cannot give us any guideline as to long it may take to finish this processing. My wife has seen their local Senator who wrote a letter to the London Emabassy but received the same answer.

Does anyone know what do they mean by this "Additional Administrative Processing"? Is it same as FBI name check?
 
smc01 said:
They spend over 2 1/2 years checking my hard working, law abiding husband's name and process Mohamed Atta's application without complication! Crazy.
Click to expand...

The problem is not that they are checking your husband's name. It's that they're not. Your husband is stuck in the backlog pile. Check the 'I-485 related issues' forum on this website, and the 'US Citizenship' forum to learn more about the process and how you can fight it.
 
smc01 said:
In response to "why don't you file a lawsuit?"

I spoke with an attorney who estimated that it would cost $2,500 - only if he was apply to settle and not go to court. He also said that if the issue is because of the FBIs delay, that there is nothing that we might not be sucessful. So we would potentially be out $2,500 with nothing to show for it.
Click to expand...

Go to the US Citizenship Forum, and check the thread about filing lawsuit against USCIS for name check problems. It's a sticky so you won't have a problem finding it.

You will find out that it cost next to nothing to file such a lawsuit. A lot of people have done it, and only waited 1-2 months (some less than a month) to get results.
 
Pinturicchio said:
Not at all true, the FBI NC can take anywhere from months to years.
Click to expand...

According to FBI, they are "supposed" to clear all checks within 45 days. I would say their statement holds true 50% of the time.
 
That's bothered me ! No explanations!!

I would feel better if I could understand why this is happening. - or speak with someone who knows something.

They spend over 2 1/2 years checking my hard working, law abiding husband's name and process Mohamed Atta's application without complication! Crazy.[/QUOTE]

Hi there,
I wishes I have understand the whole mess too. This forum is the only soures of info. I have, realy. I'm from Thailand. Not South of Thailnad either.

Any suggestion on this would be the most appriciated,

In 2001 I and seven others worker enter the US. under H2B visa. The fomer employer promiss the X amount of salary/month plus food and accomudation free of charge.We were arrived at 4:00 AM. on July 3 and started working at 11:00 AM. July 4. The employer provided a two bedrooms/one bathroom apartment for eight of us. keep our passport. We have to be at work appoximatley 12- 16 hours per day. I personally got paid only half amount of the agreed amounth. Seven month latter I can't take it any more so I ask a total stranger to drive me to Orange County. Of course with out knowing my rights I hid as a lost dog.With little of English knowledge I want to scholl, and there where I have learn how wrong everything was. Amazingly the employer suit me ( breach of contract!!). Talk to another totaly stranger about the case, and the next thing I knew was there were four FBI's agent talking to me :eek:

That was the work episod.
When I got married nothing was a probles untill the day of an interview. The interview was nicely success( Of course I have a happy and real married, still is). The BSCIS just said that the FBI hasn't complete the backgroung security check. That was it.
 
smc01 said:
Have you been able to get any actual written evidence that you are in fact stuck in name check?

I would feel better if I could understand why this is happening. - or speak with someone who knows something.

They spend over 2 1/2 years checking my hard working, law abiding husband's name and process Mohamed Atta's application without complication! Crazy.
Click to expand...

Yes, I have got the documentations from both FBI and USCIS stating that my background security is imcomplete.

If I may? How did this Mohamed Atta thing going on? Have you or someone have posted somewhere?

Thank you very much,~C
 
cuties said:
I would feel better if I could understand why this is happening. - or speak with someone who knows something.

They spend over 2 1/2 years checking my hard working, law abiding husband's name and process Mohamed Atta's application without complication! Crazy.

Hi there,
I wishes I have understand the whole mess too. This forum is the only soures of info. I have, realy. I'm from Thailand. Not South of Thailnad either.

Any suggestion on this would be the most appriciated,

In 2001 I and seven others worker enter the US. under H2B visa. The fomer employer promiss the X amount of salary/month plus food and accomudation free of charge.We were arrived at 4:00 AM. on July 3 and started working at 11:00 AM. July 4. The employer provided a two bedrooms/one bathroom apartment for eight of us. keep our passport. We have to be at work appoximatley 12- 16 hours per day. I personally got paid only half amount of the agreed amounth. Seven month latter I can't take it any more so I ask a total stranger to drive me to Orange County. Of course with out knowing my rights I hid as a lost dog.With little of English knowledge I want to scholl, and there where I have learn how wrong everything was. Amazingly the employer suit me ( breach of contract!!). Talk to another totaly stranger about the case, and the next thing I knew was there were four FBI's agent talking to me :eek:

That was the work episod.
When I got married nothing was a probles untill the day of an interview. The interview was nicely success( Of course I have a happy and real married, still is). The BSCIS just said that the FBI hasn't complete the backgroung security check. That was it.
Click to expand...

FBI talking to you for breach of contract :confused: something is not right. FBI never gets involved with these little things unless something involving you concerns national security or homicide or other big issues.

Contract and employment law is something not a lot of people know about and is a weapon employers use to exploit innocent employees who know little/nothing about their rights. California is employee friendly, you could have won if you had sued your employer back (depending on what exactly was written in your contract). The contract agreements from the kind of employer (which i assume was a consultant?) you mentioned are usually poorly drafted, highly ambiguous and cannot/will-not hold up in the court of law. California's employment law voids any contract that prevents the employee from making a living elsewhere (of-course, there are some exceptions and few limitations to this law). I can go on and on about non-competes, non-solicitation, breach of contract, but that is not the focus of this thread :)
 
ari4u said:
According to FBI, they are "supposed" to clear all checks within 45 days. I would say their statement holds true 50% of the time.
Click to expand...

No Ari, the FBI claims that their goal is to clear all name check requests within 120 days. And they also claim that to date 99% of name check requests are indeed cleared within this 120 day period. But I personally don't believe that, considering the horror stories I've read on this forum.

Acting Assistant Director of the FBI's testimony before The House
 
You must log in or register to reply here.
Top