Name Check updates

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swimfitness

Registered Users (C)
Folks:

My name check has been pending since October 9th of 2004 in connetion to I-485 marriage based. I went for our interview on November 1st of 2004 and all went well. I made several inquiries with USCIC, Wrote BCIS director of San Francisco Office a plea letter, and I got Diane Feinstein office to make an inquiry with the FBI. All these efforts have yielded one response "security clearance still pending!"

I read the long thread started by Rahul Kumar back in 2004. I find Rahul's suggestions helpful. I started implementing a few of his suggestions today. I filed FOIPA today and wrote a plea letter to William Hooton explicating my circumstances.

It seems like the volume of people frustrated with name check process has grown and with it the strategies to outrun the process.

Is there anything else I can do other than what I already did and what Rahul Kumar suggested?

I'm between the rock and a hard surface. My work productivity is suffering because if my inability to travel internationally. My marriage is also strained.

Any help is greatly appreciated.

Cheers,

Y.
 
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Swimfitness,

Your dates are very similar to mine. My interview was on November 19th and I am still waiting for my name check to be cleared. I am preparing to file Writ of Mandamus and I suggest you do the same. However, before you do that, you need to prepare your defense by writing certified mails with signature confirmation to your congressman, senators, FBI director, USCIS local and national director, USCIS ombudsman office and anybody else you can approach. This will help you build your case against USCIS. Search the forum and you will find detailed information on how to prepare for WOM.

Good Luck

Eric
 
Hey Guys,

Just to add.. I did file WOS for my wife but situation was slightly different. She was waiting for her citizenship for 2 years. She was on GC and applied for Naturalization (not on base of marriage).

Please keep this thread alive, I will help you as much as I can but I guess it will be a learning experience for me also.

One thing.. Go to PACER and download previous cases and then your job is extremely simple after that.
 
gc_phoenix said:
i think you file 4 months after your interview
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I think the 120-day rule (more or less 4 months) only applies to naturalization cases. For I485, the only way to go is WoM. (While Naturalization cases can be filed under either WoM or the 120-day rule which is clearly laid out in the law.) I don't think there is a specific time constraint on WoM, but in general, the stronger the case, the better chance to win.
 
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Can I send out letters to congressman, senator, FBI, USCIS, Hooton at the same time?

I'm considering sue too. My case been pending for 16 months security check. I'm going to write letters to whoever I can think of to build the case, like you all suggested. Personally I don't think those letters will be much helpful, it's only for collecting evidence, at this point.

My question is, can I send all of them out together?

If the judge sees the dates are all the same, will he question about it? Or should I send one letter out at a time?
 
I started from congressman then to senator and FBI. Everytime, I wrote to one of these institutions, I sent an inquiry letter to USCIS. The whole process took 3 months. I never heard from USCIS or FBI but congressman and senators did reply saying that my case is pending due to name checks. Oh yeah, I wrote to USCIS ombudsman office also and they replied saying that they will inquire on my case but nothing else yet.

However, I don't think sending out letter to all concerned parties should affect your case.
 
Thanks Eric, I'll send out the letters soon. Good luck to you and all of those who are waiting... :)
 
I've sued for my naturalization using the 1447(b) which clearly states 120 days after the interview and got my citizenship. For the WOM i never knew how long you had to wait.

But for my lawsuit contacting the senator, congressman, fbi foipa is good for supporting evidence on the lawsuit stating that you did everything you could to get this matter resolved.

In terms of actually getting them to do something, they don't do squat for you except letting you know what you already knew before.
 
Fear of Retaliation

Greetings:

Thank you all for taking the time to respond to my query. Indeed, I have sent letters to USCIS Director twice (and made 5 info-pass visits), FBI, my congress women and representative (both kindly responded).

I filed FOIPA this week with the FBI. Upon receipt of a "No-record" response, I will submit WOM to my local District Court.

Inspired and assisted by the threads "Rahul" and "Public" posted and maintained in the Citizenship forums, I prepared my WOM suit on MS word.

I'm ready to fight. I waited long enough, while every day I wake up early and drive 50 miles to work to serve the interests of this country and mine included.

I'm, however, a little 'freaked out' by the prospect of suing government agencies as a legal alien of this country. I fear retaliation especially that I will still have to deal with these agencies when I'm ready to petition for naturalization.

But, I feel quite supported and held by the outpour of support and love there is in these forums.

I will come back here and post results of my adventure when concluded.

It really doesn't have to be this way! But thanks God, no one is above the Law in this country; that why I choose to make this country my second home when I finished my graduate work.

Cheers,

Y.
 
swimfitness said:
Greetings:

Thank you all for taking the time to respond to my query. Indeed, I have sent letters to USCIS Director twice (and made 5 info-pass visits), FBI, my congress women and representative (both kindly responded).

I filed FOIPA this week with the FBI. Upon receipt of a "No-record" response, I will submit WOM to my local District Court.

Inspired and assisted by the threads "Rahul" and "Public" posted and maintained in the Citizenship forums, I prepared my WOM suit on MS word.

I'm ready to fight. I waited long enough, while every day I wake up early and drive 50 miles to work to serve the interests of this country and mine included.

I'm, however, a little 'freaked out' by the prospect of suing government agencies as a legal alien of this country. I fear retaliation especially that I will still have to deal with these agencies when I'm ready to petition for naturalization.

But, I feel quite supported and held by the outpour of support and love there is in these forums.

I will come back here and post results of my adventure when concluded.

It really doesn't have to be this way! But thanks God, no one is above the Law in this country; that why I choose to make this country my second home when I finished my graduate work.

Cheers,

Y.
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swimfitness,

That was an inspiring note from you. Please do come back and post your experience. At the same time, post some cases if you have researched and the content of the document you prepared to file WOM (ofcourse delete your personal information before you publish the document)

Thanks and good luck

Eric
 
I'm also planning for WOm, sick of this waiting game, i completed my interview on 10/30/05, my name check pending with FBI since 01/21/2005.later thsi week i'm going for for my fingerprints again as they expired :D
 
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