Name check pending for 22 months!

U

usrfdluj

Registered Users (C)
Just got a call from a congressman aid, saying that my name check was initiated by USCIS in Spe 2003. Assume FBI did not through the request into trash bin, it has been pending for 22 months!

I am from China, and he said FBI need to get an "OK" from China :eek: saying that I am not a criminal or terorist besides normal check in the US. I mentioned that we have notarized copy of no-criminal certification that was issued right before we came to the US. He said FBI probably wouldn't consider that, but he will mention it anyway when calling FBI for details.

So waiting for anything new from him (in 1-2 days).

I was told that male from China takes more time for name check.

I don't buy the theory that China's government is the one holding the delay. Despite govenmental corruption, China's govenment is efficient than FBI and USCIS handling requests like this...
 
I am in the same boat with you

I-485 RD Feb 2003
EB2

Made an inquiry, got a reponse from USCIS saying my case is under security check. Can we keep each other posted? I am also from China. My email is qchen97755@yahoo.com.
 
please provide the link to the namecheck tracker

I am also from China, stuck in name check since April 2004.

slt said:
Guys, please join Namecheck tracker in General 485 Issues forum. :)
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Do you know for sure if it a country specific thing ? I know people from other countries have also been waiting long enough...
 
it is probably related to country

most applicants from smaller countries or from western Europe got approved fairly quickly.

naggi said:
Do you know for sure if it a country specific thing ? I know people from other countries have also been waiting long enough...
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Let us united

Dear forks:

I am in the exact situation as you guys. My name check has been pending for 2 and half years. I am also from China. I entered US by B1 visa and then converted to F1 and h1, then start the green card application, do you guys have the similiar situation? Do you think this make difference?

let us united! We are the only one left, it is not fair. Please post your detail here, let us think about an Class level law suit. I consulted a lawyer and he said it would be helpful. The constitute sais: all men are bored equally, but we applied at the same time as other, but we are one year behind. it is against the constitute.

Thanks
 
any successful Writ of Mandamus?

tireofwaiting said:
Dear forks:

I am in the exact situation as you guys. My name check has been pending for 2 and half years. I am also from China. I entered US by B1 visa and then converted to F1 and h1, then start the green card application, do you guys have the similiar situation? Do you think this make difference?

let us united! We are the only one left, it is not fair. Please post your detail here, let us think about an Class level law suit. I consulted a lawyer and he said it would be helpful. The constitute sais: all men are bored equally, but we applied at the same time as other, but we are one year behind. it is against the constitute.

Thanks
Click to expand...
Hi, my friend, I share your pain. But ironically, we have much less leverage over FBI than USCIS.

I just talked to my employer, and our HR is willing to write a letter to local congressman (not the same congressman I have been contacting) for help. Even though there is little politicians can help, or willing to help, the influence of big company is way stronger than an indiviudal. Besides, we are in immigration petition, not naturalization, we are not likely to get a strong congressional support!

I've learnt that Writ of Mandamus against USCIS will cost at least $2000 - $3000, some charge flat fee, some charge a base fee plus hourly rate if going to court. I am not sure how effective it is. Or how soon can we expect a resolution after file a Writ of Mandamus. What if not successful, will you get your money back? How do you know it is the effect of the law suit, not just your time comes?

I agree we should unite, but just don't know how to fight in the most effective way.

At least we can keep each other posted on any updates/solutions.
 
I am in too

RD Dec 2002
Wife approved Oct 2004
My case pending...now i believe we will be retrogressed again
thanks
 
I was in a similar situation (from china), but my 485 was just approved last month. FBI namecheck took around 28 months (09/2002-01/2005). my non-immigration status change was very simular to 'tireofwaiting': B1-B1 extension-F1-H1. However the dependent's had the same non-immigration status changes as mine, but the namecheck was done very quickly (within 4 months). It is hard to figure out why the difference was 2 years.

I am not sure if FBI sends back a request to china, but the namecheck could depend on what you have done before and what areas you had been working. Anyway, this check procedure is a blackbox. I can't know why it takes so long, but I believe the case will be processed once the check is sent back to USCIS. keep hoping, the one will come soon. good luck to all.

ND:09/2002
1RFE:02/18/2005
2RFE:05/02/2005
AD:06/14/2005
PP stamp:06/22/2005

total: 4EADs,3APs,and $10K for attoeney and application fees.
 
I think if the congressman pushes FBI hard enough, FBI will move a little bit forward

From another thread, I learned that someone who has connection with his congressman's office is able to get FBI finishing his name-check after repeatively contacting FBI for 4 months or so.

I don't think class-action law suit will generate much a dent on the processing time of FBI. However, if we could let FBI clarify the name-check process and explain what was causing the delay (could it be Chinese government -- the thought just seems very odd to me?)

Anyway, we could start to collect some statistics here and write a petition letter to someone in the congress or senate (are there anyone so nice out there?).




usrfdluj said:
Hi, my friend, I share your pain. But ironically, we have much less leverage over FBI than USCIS.

I just talked to my employer, and our HR is willing to write a letter to local congressman (not the same congressman I have been contacting) for help. Even though there is little politicians can help, or willing to help, the influence of big company is way stronger than an indiviudal. Besides, we are in immigration petition, not naturalization, we are not likely to get a strong congressional support!

I've learnt that Writ of Mandamus against USCIS will cost at least $2000 - $3000, some charge flat fee, some charge a base fee plus hourly rate if going to court. I am not sure how effective it is. Or how soon can we expect a resolution after file a Writ of Mandamus. What if not successful, will you get your money back? How do you know it is the effect of the law suit, not just your time comes?

I agree we should unite, but just don't know how to fight in the most effective way.

At least we can keep each other posted on any updates/solutions.
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my name check was pending for 2 years 5 months and 25 days (29.8333 months or 907 days)

can anyone beat my record?
 
wildthing said:
From another thread, I learned that someone who has connection with his congressman's office is able to get FBI finishing his name-check after repeatively contacting FBI for 4 months or so.

I don't think class-action law suit will generate much a dent on the processing time of FBI. However, if we could let FBI clarify the name-check process and explain what was causing the delay (could it be Chinese government -- the thought just seems very odd to me?)

Anyway, we could start to collect some statistics here and write a petition letter to someone in the congress or senate (are there anyone so nice out there?).
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Dear wildthing,

It's ridiculous that FBI keep their name check process in a black-box. I also doubt about FBI cooperating with China's government on exchanging information, it might be just a lame excuse they use.

BTW, I am just an IT professional, not a nuclear scientist or the like. However, my company is a biotechnology company, and that could be a factor for the delay...

Writing a petition letter is a good start point. I am in IL, I've contacted both senators (Dick Durbin (DEM) and O'Bama (DEM)) and one congressman (Den Hesterd (REP)), and my employer is going to contact another congressman. The senators, though more powerful and reputable and more friendly to immgrants, are pretty much useless. The congressman, whose voting records indicate he is in general against immigration, was quick to respond and got me detailed information from USCIS, and contacted FBI for detailed info as well. You never know which senator / congressman can really help you, or willing to help you.
 
I am too

I am also from China, name check pending since Sep 2003, but my wife's name check got cleared in Jan 2004. Hopeless waiting, filing a writ of Mandamus will cost around $7-15k in bay area. too expensive :rolleyes:
 
Why not try attorney elsewhere?

candie said:
I am also from China, name check pending since Sep 2003, but my wife's name check got cleared in Jan 2004. Hopeless waiting, filing a writ of Mandamus will cost around $7-15k in bay area. too expensive :rolleyes:
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Mine was pending since Sep 2003 too, from China, while wife's name check cleared as well.

I heard that you can hire an attorney from other states, and many writs do not even need court hearing. You only need a local attorney when going to court...
 
Send your story to the media rather than to those politicians

Hi, folks,

I have an idea: rather than sending your story to those politician who could not do anything extra other than making status inquiry, send your story to the newspaper, public broadcasting, journalist, columnist, etc.

I am sure some journalist in reputable national/local media, like Washington Post, USA Today, etc., will be interested to our stories as materials to articles aimed at the bureaucracy and inefficiency and stupidity of USCIS and FBI...

When we want our voices heard, there is no better channel than a media!

Anyone got any ideas, or suggestions??

:rolleyes:
 
Who who be against?

My understanding is that writ of Mandamus should be filed against USCIS, not FBI. DOes anybody know we can file writ of Mandamus against FBI? Apparently they are using security as an excuse to make us suffer. This is the worst efficiency in the world. I agree the idea that we can write to the media. How many 3 years we have in our life? FBI destroy our life! They can stop any people in the street and there is no way to prove he/she is good or bad people. I am losing my faith in the government.

Thanks
 
Writ against USCIS not FBI

tireofwaiting said:
My understanding is that writ of Mandamus should be filed against USCIS, not FBI. DOes anybody know we can file writ of Mandamus against FBI? Apparently they are using security as an excuse to make us suffer. This is the worst efficiency in the world. I agree the idea that we can write to the media. How many 3 years we have in our life? FBI destroy our life! They can stop any people in the street and there is no way to prove he/she is good or bad people. I am losing my faith in the government.

Thanks
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I think you are right that writ is against USCIS, not FBI. But when USCIS receive the notice of writ, it in turn send expedite request to FBI for name check. So that's how it works.

Logically, FBI actually FIRMLY believes all of us that stuck in name check are NOT "terrorists", otherwise, they would do the "Name Check" right away to avoid us to plant a bomb in a bus/train/shopping mall/... Actually, terrorists wouldn't be dumb enough to apply for immigration which can trigger the background check. How many 9/11 hijackers were I-485 applicants?

As of writing to media, do a "Name Check" (exact phase) in google news, see what search results are.

Shall we write to Michael Moore, ask if he is interested in doing a documentory on FBI / USCIS / terrorist / Immigration related issues? :D :D
 
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