name check
- Thread starter Naila26
- Start date
JohnnyCash
Volunteer Moderator
I'm now pretty sure that you have NOT done any research on this board regarding your concern, or at least not enough to know that NOBODY could do anything when it comes to clearance on Name Check. Of course, Congrespersons will say otherwise sometimes to please their constituents in order get their votes in the future, but if you don't believe me then try for yourself, but I can bet you that you will go anywhere on this name check thing except just wasting your time/energy/efforts.
Millions of people have already tried this trick for so long, yet still nobody was able to be succeed; otherwise they had not filed lawsuit against the INS. As I told you on another thread that just relax and enjoy the summer until September before even thinking to do anything. But if you think that you have nothing to lose by contacting Congresspersons, then go ahead and make yourself happy but nothing will happen unless FBI clears thing for you on a normal basis. Do you know how many people are waiting for their name to be cleared by FBI? And many of them are Marines or work for US goverment under sub-contract. Some are nuclear scientists and etc...Why FBI would pay special attention to your case? Just because you will hammer them thru congressperson? Good luck....
Millions of people have already tried this trick for so long, yet still nobody was able to be succeed; otherwise they had not filed lawsuit against the INS. As I told you on another thread that just relax and enjoy the summer until September before even thinking to do anything. But if you think that you have nothing to lose by contacting Congresspersons, then go ahead and make yourself happy but nothing will happen unless FBI clears thing for you on a normal basis. Do you know how many people are waiting for their name to be cleared by FBI? And many of them are Marines or work for US goverment under sub-contract. Some are nuclear scientists and etc...Why FBI would pay special attention to your case? Just because you will hammer them thru congressperson? Good luck....
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I was actually very disheartened that it takes so long to get citizenship and now I am stuck in this name check business. I am a single Mom facing a lot of hradships and wanted to sponsor my parents and get them over here. I guess that is not happening in the near future.
I was under the impression that interview letter = name check complete. I guess thats not the case.
Naila: hopefully, your namecheck is already complete and IO just "forgot" to check that status for whatever reason. If you have time, take infopass in a week or two to check on that.
If you don't mind telling us, which District are you in?
Naila: hopefully, your namecheck is already complete and IO just "forgot" to check that status for whatever reason. If you have time, take infopass in a week or two to check on that.
If you don't mind telling us, which District are you in?
Atlanta_Brother
Registered Users (C)
Hi JohnnyCash,
I read your comments on postings here and I am very confident that you have a good knowledge on what steps to take during this N-400 naturalization process. Just wanted your advice on my pending N-400 application. I had filed back in April of 2006. I was called to appear for my interview in Atlanta on Jan 22nd but was told by the IO that he can't proceed with the interview as he doesn't have my file. It will take few weeks before USCIS will reschedule my interview and notify me. It's been over 5 months and there is no word yet. One think that I like to share with you is, my FP and NC has been cleared for quite sometime now. When InfoPass appt was done back in March I was told that FP and NC were cleared. Recently upon my visit to the local DO last week, I was told that my case is still pending coz of background check. I have no idea what this background check is all about that's taking so long. Let me know what your thoughts are on this and how do I proceed. Thank you for your time.
JohnnyCash
Volunteer Moderator
I do understand where you are coming from, but try to understand government position as well. They are not there to give anyone a hard time nor they are there to halt/delay the benefit; otherwise INS had not improved their services drastically when it comes to processing of the applications so quickly unlike before when it used to take 3-4 yrs to wrap up a citizenship case.
Actually US government woke up only after 9/11 incident. Checking upon each applicant is very important and vital to the safety and security of this nation. All these security checks are done automatically thru system, but whenever system flags someone's name then FBI analyst needs to go check files manually to check if the flagged-person has any record or anything with all these agencies. Unfortunately FBI don't have enough employees and funding to take care of all the hits that system picks up. But I do agree that they should try to resolve it within a month. If they don't have enough employees then they should hire more people and upgrade/update all their systems with improved technology so that innocent/normal people won't get hit in their system. What more strange is that government knows about this issue for a long time, yet still they have not done anything to resolve the problem except taking patty steps.
As for you saying that you need to sponsor your parents quickly because you are a single mom who is facing a hardship, then I just want you to know that whatever reasoning and rational you have given here are not viable at all. Meaning, it's totally irrational and not justifiable. Millions of immigrants are facing life and death situation everyday as they cannot go back to their home country because either they don't have papers to return back or no money to go there as they are living day-by-day basis. Plus, they are separated from their family for so many years.
I personally know at least 200 people who haven't seen their family in 23 yrs because they are illegal. Some of the females I know were in their 20 when they came to the US but now they are in their mid 40s and still waitng and praying each day to be legalized one day so that they could go to visit their loved ones in back home. Some of them have already lost their parents and they even couldn't be able to go to their country to attend their parent's funeral. As you know that most immigrants are so close to their family, so you can imagine how hard it could have been on them when their loved ones died and they couldn't be there for them.
I know a lady who came over here when she was only 22 yr old as a student and after the studies she decided to work here so that she could support her elderly parents back home. Her parents were all she had. She was so close to her parents that I've personally never seen anyone before. She used to talk with her parents over the phone almost every other day even though she spent tons of money in doing that. I remember of her mother dying from lung cancer 5 yrs ago as I was there with her when she was talking with her mother over the phone when her mother asked her to go back home so that her mother could see her at last time. She was prepared to leave the US next day in the evening, but then she received the call about her mother dying in the afternoon. She now everyday blames herself for not going back to home before her mother died, but then she said that if she had gone back home then she couldn't be able to support her elderly parents especially when her parents had terrible medical condition. I everyday see her in tear.
Having said that I just want you to know that the "hardship" you have described here about yourself is nothing compared to what millions of other people are facing everyday. Plus, everyone who files any kind of application with INS wants to get over with INS right away within a second if they could. So, for you to say that you waited for so long for an interview after filing the application and now you have to wait for more time because of this name check thing then this statement/reasoing makes no sense.
FYI, INS used to take at least 2-3 yrs to process all kinds of applications not too long ago. And now when INS has drastically improved their services and reduced the processing time, people are still expecting everything so quickly. I agree that INS need more improvement, and I'm sure they are working on it. But if you think/want INS to be totally perfect then it will never gonna happen because there is nothing like perfection in anywhere in the world. Besides, don't forget the fact that INS is the most bearocratic agency of US government.
Just relax and have patience. Patience is the name of the game at this stage of your case.
JohnnyCash
Volunteer Moderator
Your situation requires an immediate intervention of Congressperson because it's been already 5 months since your were told to wait, and your case was also filed a while back. If I were you, I won't trust INS when they say that this and that is pending or cleared because they don't periodically update information regarding background checks in their system as much as they should have, despite of FBI having cleared someone. Do not wait anymore and contact congressperson immediately. Thru Congressperson you will be able to find out the exact situation of your case as to why it's still pending and for what. But if your case is pending because of awaiting of background checks then there is nothing Congresspersons could do. Then you might think to write to First Lady or Vice President. Lately some people have succeeded in this name check things by contacting them.
Good luck...
Johnny Cash's responses are clear and mature! His postings are real useful!
Atlanta_Brother
Registered Users (C)
Mandamus
JohnnyCash,
You never suggested me to think of filing lawsuit or mandamus. Just curious, that's all
JohnnyCash,
You never suggested me to think of filing lawsuit or mandamus. Just curious, that's all
Atlanta Brother,
I am in the same situation.
I filed back in may 2006.
I got a letter last May to appear for interview on june 8th, 07. I drove all the way to my DO to find out that they did not get my file from the service center.
The funny thing too is that a letter dated june 6th was mailed to me not to appear for interview! only got that letter on june 11, really helpfull situation when I had to take the day off from work!
I was told the same "it will take a few weeks only and we will let you know".
So I am going to wait between 30 to 45 days, if no update I am going to call my Senator's Office.
In you're case 5 month waiting, that is way too long, I am worried about my situation now more than ever.
Good Luck
I am in the same situation.
I filed back in may 2006.
I got a letter last May to appear for interview on june 8th, 07. I drove all the way to my DO to find out that they did not get my file from the service center.
The funny thing too is that a letter dated june 6th was mailed to me not to appear for interview! only got that letter on june 11, really helpfull situation when I had to take the day off from work!
I was told the same "it will take a few weeks only and we will let you know".
So I am going to wait between 30 to 45 days, if no update I am going to call my Senator's Office.
In you're case 5 month waiting, that is way too long, I am worried about my situation now more than ever.
Good Luck
Atlanta_Brother
Registered Users (C)
The solution is....
marconi71,
I have pretty much decided and made up my mind that I will file lawsuit if I don't hear from USCIS by end of July. I think 6 months waiting for the IL is a long time, esp when my NC and FP are cleared too.
marconi71,
I have pretty much decided and made up my mind that I will file lawsuit if I don't hear from USCIS by end of July. I think 6 months waiting for the IL is a long time, esp when my NC and FP are cleared too.
Atlanta_Brother
Registered Users (C)
True
Yes marconi,
I'm sure that my NC & FP are cleared but like you said there seems to be some additional background checks which is delaying my IL. I won't wait, wait and wait like other people do. I have set my mind on filing law suit at the end of July or early Aug. I am going for it......PERIOD.
Yes marconi,
I'm sure that my NC & FP are cleared but like you said there seems to be some additional background checks which is delaying my IL. I won't wait, wait and wait like other people do. I have set my mind on filing law suit at the end of July or early Aug. I am going for it......PERIOD.
springbranch
Registered Users (C)
I don't know your time line but it is not gonna hurt your case to contact your congressman. Be positive and proactive. Maybe calling your reps in washington DC will get your feet wet in this process.
Nobody can generalize which means and methods to use in this process. Everybody's case is unique, so are the means and methods. Do what you can.
I called today again, apparently my case is caught up not because of name check but because my file has to be transferred from National record center to Vermont then to DO.
The officer told me if I don't get IL by July 9th, please call and they will put a "referral" for me. I don't know what that means. But hopefully I will get IL before July 9th.
So Name check is not necessary the reason that your case is being delayed.
The officer told me if I don't get IL by July 9th, please call and they will put a "referral" for me. I don't know what that means. But hopefully I will get IL before July 9th.
So Name check is not necessary the reason that your case is being delayed.
JohnnyCash
Volunteer Moderator
A lawsuit against the INS cannot be filed based upon the ground that NC and FP are cleared; rather a lawsuit can only be filed on thr ground that INS failed to make a decision on N-400 within 120 days after conducting the interview. This being said, even if NC and FP are cleared, you cannot file a lawsuit against the INS on THIS GROUND.
Further, do you have a solid proof to prove that your NC and FP are cleared? FBI told you about this? Or INS? Don't believe on them. Read the whole story of Rahul to know what he was told by both agencies on this matter. Anyway, this is not the ground to file an action against INS.
JohnnyCash
Volunteer Moderator
JohnnyCash,
You never suggested me to think of filing lawsuit or mandamus. Just curious, that's all
You are not eligible to file a lawsuit against the INS because you were not interviewd when you appeared at INS office. Let me quote what you said above in your posting-"I was called to appear for my interview in Atlanta on Jan 22nd but was told by the IO that he can't proceed with the interview as he doesn't have my file".
Officer told you very clearly and loudly that he cannot proceed with the interview as he didn't have your file. He could have conducted the interview without the file as many officers had done previously, but he PURPOSELY chose not to. Why? Because he knew that you will be eligible to file a lawsuit against the INS if he would have chosen to interview you. Thus, you are not eligible to file a lawsuit.
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Atlanta_Brother
Registered Users (C)
Correction
JohnnyCash,
I am sorry but I have to disagree with you here. I don't buy that. First of all, there is no such rule of thumb for 120 days. Yes, I am not 100% but 200% sure that my name check has been cleared. I was told on two different occasions upon my visit to the local DO. Besides this, I had hired an attorney who also went to the DO thru Info and got me the same information and I have some written e-mails (correspondences to my lawyer) that yes my name check is cleared. I don't why it's hard for you to digest that my NC is cleared. Now talking about 120 days after the interview. Yes that may help, who knows. But I will file law suit because it's been 16 months since I filed for my citizenship and secondly it has been almost 7 months since I was called for the interview and was told to wait 3 weeks for the file to transfer and still there is no word from USCIS. I have said million times and I will repeat myself again that I don't plan on sitting on this for the rest of my life just coz I don't qualify for that 120 day rule. Sorry.....
JohnnyCash,
I am sorry but I have to disagree with you here. I don't buy that. First of all, there is no such rule of thumb for 120 days. Yes, I am not 100% but 200% sure that my name check has been cleared. I was told on two different occasions upon my visit to the local DO. Besides this, I had hired an attorney who also went to the DO thru Info and got me the same information and I have some written e-mails (correspondences to my lawyer) that yes my name check is cleared. I don't why it's hard for you to digest that my NC is cleared. Now talking about 120 days after the interview. Yes that may help, who knows. But I will file law suit because it's been 16 months since I filed for my citizenship and secondly it has been almost 7 months since I was called for the interview and was told to wait 3 weeks for the file to transfer and still there is no word from USCIS. I have said million times and I will repeat myself again that I don't plan on sitting on this for the rest of my life just coz I don't qualify for that 120 day rule. Sorry.....
Might want to consider what was done here:
http://boards.immigrationportal.com/showthread.php?p=1629165#post1629165
http://boards.immigrationportal.com/showthread.php?p=1629165#post1629165