Name check pending since October

My name check is still pending. The FOIPA that i sent them is different from the name check but both are handled by the same office - Records Dissemenation Depratment controlled by Agent David Hardy. Both query the CRS (Central Repository) to find indices. Both go by name/DOB. There is a lot of common info shared between the systems.
 
Name check

Rahul, Thanks for your suggestion to call the hotline. I called them yesterday and have provided necessary details.....it will be 48 h tomorrow, so I am eagerly waiting. Could you please provide me more information on FOIPA?

My timeline is as follows:
PD: 11/4/02
FD: 1/31/03
Interview: 8/26/03
Oath: still waiting
 
Why delays happen

For those with name checks pending more than 2-3 months its safe to assume that your checks will be pending for over a year unless the FBI clears the backlog.

According to the response to a personal letter I sent to Asst. Director Hooton of the FBI Records Management Division, the INS submitted 2.7 million name check requests between Dec ' 02 and early '03. This is the reason for such a lousy turnaround time for some of us. They process over 5 million requests a year.

Also 99.5% of such checks have been processed. Its only the unlucky .5% (approx 25,000) with a common name that get stuck.

The first step to clearing your name check is to see if you have a record in the FBI's CRS (Central Record System), the same system used to process name checks. File a FOIPA request to find out if they have records on you. Presence of a record does not always indicate adversities.

It is also extremely interesting to note that there are only 9 analysts working on these name checks requiring attention and thus another reason for the backlogs!

Finally, those in this forum, consider yourselves lucky, there are people waiting from the year 2000 for clearance according to someone that works in that department!!
 
Very interesting article about name check

Posted on USENET by some knowledgeable person called Aurora who I think is an attorney
URL
http://groups.google.com/groups?q=g...selm=Es7Lb.85895$I07.420177@attbi_s53&rnum=13

It is correct that there is no CIA check for N-400 applicants. CIA check is
done for I-485, Amnesty and other applicants; other than N-400 and N-600.
For CIA check the USCIS sends applicant's G-325 (Biographic Information
Form) copy to CIA. Only checks involved for N-400 applicants are :

1. IBIS (done by USCIS themselves) - this check has validity of 35 days -
this check is against IBIS (maintained by USCPC - Customs and Border Patrol)
using applicant's full name and date of birth (without place or country of
birth). This check is done by USCIS staff on the computer terminals
connected to IBIS. A no hit is termed "IBIS OK" in BCIS' jargon. An "IBIS
DNR" (Does Not Relate) is when a match exists but does not relate to the
applicant, which is, in other worlds, a no hit as well. IBIS is exempt from
FOIPA requests, that is, a person cannot use FOIPA to find out if his/her
name is in IBIS.

2. FBI Fingerprint (FD258) Ident against NCIC database - this has a vaildity
of 18 months, per a MOU between FBI and USCIS. Any applicant can call FBI
NCIC (Clarksburg, WV) at 304-625-3878 to find out if his/her fingerprint
ident. result has been sent back to USCIS. Work through various voice prompt
at this phone number to talk to a live representative. The results of this
check are normally returned within 24 hours for person with no criminal
records or outstanding warrants. No hit is termed "NO IDENT" in FBI's
jargon. An FOIPA request (with FD258/fingerprints) would reveal if an ident.
record exist or not.

3. FBI Name Check against Central Records System (CRS) - this check
basically meant to find out if the applicant has ever been subject/target of
any FBI investigation. There is no documented validity period for this
check. This check can take anywhere from 1 day to 1 year. No hit is termed
"NO RECORD" in FBI's jargon.An FOIPA request would reveal if a record exists
or not. FBI may not disclose full details but at least tell you if a record
exist. Also, presence of a record does not mean that it is something
negative.
For unknown reasons, FBI has been holding off name check requests from
USCIS for certain individuals until the applicants contacts FBI. Applicants
interested in checking the status of this check should fax a status request
to 202-324-3367 David Hardy, Chief RID Section, FBI Headquarters,
Washington, DC 20535 with his/her full name, DOB, country of birth, home
address, home telephone no., A# and USCIS petition number and a return fax
number. They normally respond in 10 days. David Hardy at FBI is the Chief
of RID section that handles Name Check requests. If anyone finds out that
the name check has been pending for a long time write a letter to Mr. Hardy
requesting to "expedite the processing of name check request from USCIS"
bringing to his attention the time period the name check has been pending.
In addition, you can write to Robert J. Garrity Jr. Executive Assistant
Director, Records Management Division at FBI Headquarters; Mr. Garrity is
Mr. Hardy's boss. Also FBI Headquarters main number is: 202-324-3000 (ask
the operator to transfer you to a supervisor in Mr. Hardy's section).
 
Last edited by a moderator:
Thanks for digging out this great info! I made a copy in case it will be deleted or something else...
 
Name check

Rahul Kumar,

Thanks for sharing the information on Name Check. It has been 4 working days now, but I have not received response from FBI yet for my telephone call and/or faxed information.

About your comment of having a delay for persons with common name...my first name is common, but the last name is rare. I am sure that they will search you by last name first, followed by the first name. When I do a goggle search on my first and last name, it just pulls out my information only. Considering that FBI database is much bigger, they may pull out say 5-10 names with same first and last names.........then birth date and address could sort out individual person very easily and quickly. The delays could be due to a combination of reasons. Just my 2 cent!
 
redkarr1,
name checks are a bit more complex than that. They check ALL POSSIBLE COMINATIONS of your First,Mid,Last Names. Not only that they check similar sounding names like Caren and Karen and also have a sophesticated way of checking to see if you may have given other names to enter US..
 
TO: all who are waiting for name check/oath etc.

"For unknown reasons, FBI has been holding off name check requests from USCIS for certain individuals untill the applicants contact FBI"

Is the above statement true? I know someone who waited almost 2 year for oath letter but did not contact fbi for name clearance.
Please share your experience. Thanks.
 
Its very difficuilt to validate this statement. I can tell you one thing though. They have cases pending from 2000. It is in the interest of the applicant to contact the FBI for speedy process
 
Rahul,
Thats true what you wrote. I had a chance to talk to a an immigration officer in New York and he suggested that write letters to us. Thats the only way to keep your file active. I probably wrote in this forum that they have cases pending since 2000.
As I read in this forum where fbi cleared their names and even then people are waiting for Oath letter.
I don't know why uscis is delaying oath cases.
 
In response to my fax sent to FBI on 6/8/04 for my name check status, I was notified by FBI via email on 7/12/04 that a record check for me was completed on 7/14/03, and results were sent to USCIS. Now my question is:

1) Does the name check process start after finger print is given or does it start before that?
According to FBI's response it seems to me that my name check process started before my FP was given ( I gave FP on 8/8/03 ).

2) When FBI says that results were sent to USCIS does that mean that my name check was completed?

Thanks
choyty
 
choyty,

Ans 1. From what I have observed, name check requests are submitted after FP comes back with NO-IDENT. FP is more "foolproof" than namecheck so if you are caught with FP, then why waste a name check?

Ans 2. Yes and No. If a name check reveals "NO-RECORD" then you are all set. If it returns something else (if you were investigated by the feds, or were a witness etc etc) then USCIS may ask for additional info from FBI. A No-Record is a No objection from FBI
 
Rahul,
In my case they said " FBI completed a record check for me on 7/14/03, and the result were forwarded to the USCIS" What response did you get from FBI when you inquire about your name check? Did they tell you it's pending? How are sure that your name check is not completed?

Thanks
Choyty
 
They just say 'Its pending'. I call them every 2 days, speak to the adminstrative lady. My congressman's aide mail the FBI liaision every week to get a status update
 
name check

Rahul Kumar,

Your posts are always full of information. Thanks.

After checking other threads, I realized that some District Offices (DO)have interview and oath on the same day. Now it is unlikely that all applicants will have their name check cleared before this day and their timelines are good..........so does this mean that name check problems are experienced at some DO's only? A friend told me that some DO are known for misplacing files/information.

It's been 6 working day for my telephone and fax request to FBI........no response yet! I have sent an email to my congressman.....let's see what he can do to expedite the process.
 
Thanks a lot Rahul. I guess based on your's and my experience with name check I can assume that they completed my name check. Now I got to wait for the interview with lots of P-----------a----------t-------i----e---n--c-e
Hope your's will be done soon too.

Choyty
 
redkarr1,
Name checks are "geographic location independent". Some DO's process Oath same day as Interview(eg Newark DO). All it means is that those DO's are efficient. I also guess that those DO's only interview applicants whose namecheck is Complete. DO's misplace files etc that has nothing to do with namecheck. Its INS inefficiency as usual. Name check is held up purely if to your name/Dob combination and the list of names they have in their database matches even remotely then an analyst must examine them manually. There are very few analysts in that department and thus the backlog. I had mentioned that they got about 5.7 million requests in '03. 98% of them are cleared by the computers. 2% (114,000!!!!) need to be cleared by humans. Thus the delay.

To expedite...
Tough luck. I have been trying that DAILY since March '03 and only now after I M M E N S E pressure on them by Congressman/me they have promised to act. File a FOIPA request to see if they have a record on you. If not then that give you leverage to fight for an early resolution
 
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