Loophole lets immigrants sue for citizenship

yes, valid complaints. perhaps the solution should be to increase the 120 days to 300 days. i don't know. but this shows the conflict of protecting the country and being good to immigrants. and btw, see that jenks character. she belongs to a movement that wants a 10-year freeze on all immigration. and notice how she is suing to force immigration not give any benefits until background checks are done. she doesn't focus on getting a bigger, faster, and better fbi system that will do the job right before 120 days.
 
Does anyone happen to know which title and section of the US code provides this 120 day provision?
 
ndc121 said:
Does anyone happen to know which title and section of the US code provides this 120 day provision?
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Its in a FBI testimony to congress. Just google FBI testimony to congress + namecheck and you'll see the document.
 
EricNeesGC said:
Its in a FBI testimony to congress. Just google FBI testimony to congress + namecheck and you'll see the document.
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I think the lesson to be learned from all of this is, NOT that immigration should be frozen for 10 years, NOT that interviews should be scheduled later etc. etc. It should be that the process for conducting name checks should be assigned more staff and given higher priority. Not only is it frustrating to applications waiting for the name check to clear, but it also allows potential terrorists to stay for years before they are finally discovered.

BTW, how are things Eric?
 
Before you start jumping up and down for joy remember when the next terrorist attack happens, it will not distinguish between you (immigrants) and the Americans. I'm personally willing to wait more than 120 days and let the FBI do its job.

These people sound like a bunch fo spoiled kids. I want my GC now and if you don't give it to me I'm gonna hold my breath and, and, and sue you too. I hope that some sane judge throws this out.

:mad:
 
eddie_d said:
Before you start jumping up and down for joy remember when the next terrorist attack happens, it will not distinguish between you (immigrants) and the Americans. I'm personally willing to wait more than 120 days and let the FBI do its job.

These people sound like a bunch fo spoiled kids. I want my GC now and if you don't give it to me I'm gonna hold my breath and, and, and sue you too. I hope that some sane judge throws this out.

:mad:
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I hope you are not suggesting that I said that I was happy with this arrangement. Perhaps you were quoting someone else. It is absolutely terrible that people receive benefits without the security check completed. I however think that the security checks should be given greater manpower and attention and that they should be done faster. The reason that they should be done faster is not necessarily the convenience of the immigrant(although it would be a fringe benefit), but the fact that you dont want unchecked people to be in the US for years. Remember, each of those people with pending name checks are working and living in the US, have EAD's and AP's. If they are hiding something, I would like for it to be discovered sooner.

Please do not misquote me - I never said what you suggested I said.
 
I think it's easy to say that people who sue are wrong because they're circumventing the system. And it's true that an applicant can maintain his right to work and travel by filing for EAD and AP. But until you've waited for 2+ years as some of us have, please reserve your judgment on those who choose to leverage the courts in order to spur CIS to action.

After two years in this process, three days lost to trips to the city for fingerprints, refiling twice for EAD and AP (at a total additional cost of what?...$700+, in additional to the original nearly $1000 for our first filing of the whole package), another day spent traveling to the city for interview, hours spent requesting congressional inquiries, hours spent on hold in their alleged customer service system and generally being treated like a nothing by CIS, I am considering filing a Writ of Mandamus as well. And two years ago, I was one of the people who said Americans are far too litiguous. But if the CIS/FBI had spent half as much time pursuing resolution to our case as I have, then it would be done.
 
First of all, I hope they won't raise our taxes for anything.

And let's not forget that name checks depends almost exclusively on foreign jurisdictions.
I don't think the problem is with FBI.
 
And let's not forget that name checks depends almost exclusively on foreign jurisdictions.
I don't think the problem is with FBI.[/QUOTE]

Just curious to know why you say this. Are you familiar with the security checks? IBIS, Fingerprint and Name Check? Which of these involve foreign jurisdictions(i.e. actually having a security check done in a foreign jurisdiction) in a case, where I485A was not filed(most routine cases)?
 
pianoplayer said:
I hope you are not suggesting that I said that I was happy with this arrangement. Perhaps you were quoting someone else. It is absolutely terrible that people receive benefits without the security check completed. I however think that the security checks should be given greater manpower and attention and that they should be done faster. The reason that they should be done faster is not necessarily the convenience of the immigrant(although it would be a fringe benefit), but the fact that you dont want unchecked people to be in the US for years. Remember, each of those people with pending name checks are working and living in the US, have EAD's and AP's. If they are hiding something, I would like for it to be discovered sooner.

Please do not misquote me - I never said what you suggested I said.
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Sorry if you think that. I see why, cuz my post was after yours...I wasn't at all replying to you.
 
eddie_d said:
Sorry if you think that. I see why, cuz my post was after yours...I wasn't at all replying to you.
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Eddie, no harm done. I was thinking perhaps you did not quote me. Just wanted to make sure everyone understands my position on the matter. Thanks for the clarification.

Best wishes
 
pianoplayer said:
Just curious to know why you say this. Are you familiar with the security checks? IBIS, Fingerprint and Name Check? Which of these involve foreign jurisdictions(i.e. actually having a security check done in a foreign jurisdiction) in a case, where I485A was not filed(most routine cases)?
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It's pretty clear.
FBI does background checks on fingerprints. If you do have a record in the US then FBI will know. That's pretty fast.

Namecheck instead...... they have to check if you do have a record in other countries, where you're from and where you lived before.
Therefore they submit requests to foreign agencies. It is up to them on how fast they collaborate.
It is pretty simple, but just in case I asked a friend of mine (a former colleague) who has been hired by FBI 3 years ago.
 
sarrebal said:
It's pretty clear.
FBI does background checks on fingerprints. If you do have a record in the US then FBI will know. That's pretty fast.

Namecheck instead...... they have to check if you do have a record in other countries, where you're from and where you lived before.
Therefore they submit requests to foreign agencies. It is up to them on how fast they collaborate.
It is pretty simple, but just in case I asked a friend of mine (a former colleague) who has been hired by FBI 3 years ago.
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Quite interesting info...in fact name checks are done in FBI databases only, unless in some applications where an I485A is filed, which requires foreign police clearance in some instances. Now, the FBI may have some foreign source files on someone, but that is already in the domestic system. Very occasionally research has to be done by an overseas agency on a 'hit' by the name check search, but for the far majority of regular cases, an overseas agency is not used. Therefore, I found your statement, that the process relies heavily on foreign checks, very interesting...
 
People tends to think suing CIS/FBI can lead to faster approval, but in reality it makes decision faster, not necessarily approval.
If court ordered to finish name check in 3 months, and FBI could not finish it and security was not cleared, guess what decision will come.
 
sarrebal said:
It's pretty clear.
FBI does background checks on fingerprints. If you do have a record in the US then FBI will know. That's pretty fast.

Namecheck instead...... they have to check if you do have a record in other countries, where you're from and where you lived before.
Therefore they submit requests to foreign agencies. It is up to them on how fast they collaborate.
It is pretty simple, but just in case I asked a friend of mine (a former colleague) who has been hired by FBI 3 years ago.
Click to expand...

What you said is quite incorrect. I don't have much time to thread a detailed response, but the FBI name check does not operate this way, and the delay is due to FBI incompetence and lack of adequate staff by FBI offcials' testimonies.

Look for testimonies by Mr. Hardy and Mr.Garrity before the congressional committee on google.
 
pianoplayer said:
BTW, how are things Eric?
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PianoPlayer,

Things are great...thanks for asking. As a matter of fact, I am going to be a daddy soon. We are very excited.

My immigration case, however, is still stuck in name check. Not sure when this insanity will stop but I am certainly planning on suing them by September.
 
A couple years ago, I had the same stance on things. I totally believed in American judiciary system and thought that everything is done right in USA. What did I know that I will be proved grossly wrong 2 years later.

I just do not trust the system anymore. Don't get me worng and please do not create facade about me being here even though I dont like it. I love being here...just the system is not what it should be like...although better than my home country.

The reason I changed my belief is because with the new immigration laws, no one knows who will get priority and who will not. I had been paying taxes for the last 10 year...never been out of status and if I don't get the benefits that others do, or the so called "legal Illegals" do, then what I am paying taxes for? With a baby on the way, I really need a closure on this issue so I can concentrate on other priorities in my life. And that, my friends, is the reason I will sue them.
 
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