Guys; I must agree with one of the responses above that getting sucked by name check has probably nothing to do with your name being common. Indeed, Most of the people who suffer the scrutiny of the system have less common name. So far from what I understood, suing USCIS seems to be the only shortcut. I am starting to wonder if any one had a peaceful resolution or tried a different approach! Please share. Also, FBI aren’t usually moved by senators and representatives inquiries and I don’t buy the idea that being mentioned in a reference file would take years to analyze…I think he whole think come down to an agent who takes too many coffee breaks and not willing to get to the bottom of his pile. If there is anything referenced against you by the FBI it would most probably be held by your local bureau of FBI, I mean in your state. In such case I would pay them a visit and respectfully ask them to forward the necessary materials to Washington bureau (assuming the Washington agent has done its job by properly requested your info in case there was a hit…)
Also, for one reason or another, most of you guys seem to believe that only people who were either targeted or referenced by an FBI investigation get stuck in name check! It’s matter of routine these days that names are also checked through the NATIONAL CRIME INFORMATION CENTER system (NCIC) not only when applying for immigration benefits but pretty much anytime you are dealing with a government agency. Assuming this is correct, now the chances are even higher to glow in their system….I will elaborate on this point shortly as I will be reporting the category of individuals covered by the NCIC system at the bottom of this thread (Haven’t you heard about an N-400 applicant who was from Yemen and had a brush with Yemeni law 16 years ago for conspiracy to sell alcohol to a minor…he was never targeted by an FBI investigation or been a terrorist but they took two years to bring his record since there is a treaty between US and Yemen to exchange info about anyone..). But first, some good news! As we all know, if you were granted LPR status anytime during the second half of 2002 then you have been subjected to name check clearance simply because the system was already in place then, so if you have quickly been cleared then you will quickly get cleared now…this is my own interpretation though and please someone correct if they think I am wrong!
Now, here are the categories of individual covered by NCIC system:
(Source of info is:
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm)
A. Wanted Persons:
1. Individuals for whom Federal warrants are
outstanding.
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under
the existing penal statutes of the jurisdiction originating the entry
and for whom a felony or misdemeanor warrant has been issued with
respect to the offense which was the basis of the entry. Probation and
parole violators meeting the foregoing criteria.
3. A "Temporary Felony Want" may be entered when a law enforcement
agency has need to take prompt action to establish a "want" entry
for the apprehension of a person who has committed or the officer has
reasonable grounds to believe has committed, a felony and who may seek
refuge by fleeing across jurisdictional boundaries and circumstances
preclude the immediate procurement of a felony warrant. A "Temporary
Felony Want" shall be specifically identified as such and subject to
verification and support by a proper warrant within 48 hours following
the entry of a temporary want. The agency originating the "Temporary
Felony Want" shall be responsible for subsequent verification or re-
entry of a permanent want.
4. Juveniles who have been adjudicated delinquent and who have escaped
or absconded from custody, even though no arrest warrants were issued.
Juveniles who have been charged with the commission of a delinquent
act that would be a crime if committed by an adult, and who have fled
from the state where the act was committed.
5.
Individuals who have committed or have been identified with an
offense committed in a foreign country, which would be a felony if
committed in the United States, and for whom a warrant of arrest is
outstanding and
for which act an extradition treaty exists between the
United States and that country.
6. Individuals who have committed or have been identified with an
offense committed in Canada and for whom a Canada-Wide Warrant has
been issued which meets the requirements of the Canada-U.S.
Extradition Treaty, 18 U.S.C. 3184.
B. Individuals who have been charged with serious and/or significant
offenses:
1. Individuals who have been fingerprinted and whose criminal history
record information has been obtained.
2. Violent Felons: Persons with three or more convictions for a
violent felony or serious drug offense as defined by 18 U.S.C.
Sec. 924(e).
C. Missing Persons: 1. A person of any age who is missing and who is
under proven physical/mental disability or is senile, thereby
subjecting that person or others to personal and immediate danger.
2. A person of any age who is missing under circumstances indicating
that the disappearance was not voluntary.
3. A person of any age who is missing under circumstances indicating
that that person's physical safety may be in danger.
4. A person of any age who is missing after a catastrophe.
5. A person who is missing and declared unemancipated as defined by
the laws of the person's state of residence and does not meet any of
the entry criteria set forth in 1-4 above.
D. Individuals designated by the U.S. Secret Service as posing a
potential danger to the President and/or other authorized protectees.
E. Members of Violent Criminal Gangs: Individuals about whom
investigation has developed sufficient information to establish
membership in a particular violent criminal gang by either:
1. Self admission at the time of arrest or incarceration, or
2. Any two of the following criteria:
a. Identified as a gang member by a reliable informant;
b. Identified as a gang member by an informant whose information has
been corroborated;
c. Frequents a gang's area, associates with known members, and/or
affects gang dress, tattoos, or hand signals;
d. Has been arrested multiple times with known gang members for
offenses consistent with gang activity; or
e. Self admission (other than at the time of arrest or incarceration).
F. Members of Terrorist Organizations: Individuals about whom
investigations has developed sufficient information to establish
membership in a particular terrorist organization using the same
criteria listed above in paragraph E, items 1 and 2 a-e, as they apply
to members of terrorist organizations rather than members of violent
criminal gangs.
G. Unidentified Persons: 1. Any unidentified deceased person. 2. Any
person who is living and unable to ascertain the person's identity
(e.g., infant, amnesia victim). 3. Any unidentified catastrophe
victim. 4. Body parts when a body has been dismembered.
Now imagine if your name get mixed up with someone from the list above! it's not just those who were specifically targeted or referenced by an FBI inverstigation that get stuck in name check, but also those who's first name/last name if similar to that of a criminal/missing etc subject to the list above (in both US and your home country).
Let’s keep our hopes high and confidence in the system, I am talking to those like me who are worried about get sucked in name check tragedy, as for those who are already there I can only wish the best of luck, patience and strength to endure this difficult time….
loveoklahoma
