If name checks are of minimal value why waist time! Does the INS really take in consideration name checks or it is just a procedure they have to do in order to save themselves? Also were they cases where the FBI sent relevant information and the application was denied?
Name checks and minimal value?
- Thread starter sobelle
- Start date
USCIS are covering their backs. If FBI says OK, and if some one who should not be naturalized gets it, it is still not their problem. FBI has limited resources to do main file and reference file checks particularly when the target of hit records are manual and need retreival from one of their field office file vaults. Over a million naturalize each year and only a thousand or so visit this board and post their experience so it is hard to tell what has happened to those who had FBI records revealed in name check. Do you think you might have "relevant information" about yourself in FBI files? If so it depends if the issue is related to the type of convictions (felony or what ever). The worst is if there is no conviction but name turns up in reference files related to those who are under investigation and then one could be waiting a long time.
Jackolantern
Registered Users (C)
USCIS likes the name check delays because it gives them an excuse to be lazy. If a USCIS department gets assigned 1000 cases which they are supposed to complete by a certain date, and they complete 700 by the date with the other 300 being stuck in name check, they can point to name check as the reason for not doing the other 300. Without name checks, they'd have to do the whole 1000 or get a bad performance review. So they will hold on to the name checks tooth and nail, whether it adds any value or not.
Jackolantern
Registered Users (C)
The relevant question is whether anybody else with your same name has "relevant information" in FBI files. If that happens, somebody has to manually look through the files to figure out if you are the same person or not. The more common your name is, the more files will be found, and the longer it will take for them to determine if you are the same person in any of them.
tennis_court
Registered Users (C)
For all people concerned with Name Checks, seems that FBI is upping it's hardware to make the process quicker.
http://www.networkworld.com/community/node/19755
Let's hope this will be timely too.
http://www.networkworld.com/community/node/19755
Let's hope this will be timely too.
If you read the full article, it says the project is slated for completion by 2011.
Jackolantern
Registered Users (C)
I didn't get the impression that the OP is concerned about his/her own record. The question is directed at the value of the FBI name checks; for it to be of value, it must catch some criminals and result in green card or citizenship denials, AND those caught by the name checks must be those who were not caught by the other two security checks (IBIS and IDENT).
In response the Ombudsman's criticism of name checks, USCIS consists to insist that the FBI name checks have value, but they have not provided statistics to support that claim.
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This is to boost Fingerprint search which is fast enough anyway. To boost name check they either need more agents or change of criteria for flagging.
Yes, I agree. The bulk of applicants who are 'stuck' in namecheck are waiting on manual searches because they were flagged by the automated system. Pretty much the only thing that would fix the backlog is more staff or a change of procedure.
Jackolantern
Registered Users (C)
While the FBI probably does need more staff to dedicate towards name checks, I think there is an unwritten agreement (call it conspiracy if you want) between the FBI and USCIS to keep things slow for name checks related to immigration. The problem is more about prioritization than lack of staff.
If Big Bank or Large Law Firm or Department of Defense requests a name check from the FBI to investigate a potential employee, there is no way it will take more than a few days. But FBI knows the USCIS won't complain about delays, so they probably tell their employees to put immigration-related checks to the bottom of their priority list if it needs a manual search, as USCIS doesn't mind if it sits there unfinished for years. So they put aside USCIS name checks in order to work on requests from other government or private organizations.
If Big Bank or Large Law Firm or Department of Defense requests a name check from the FBI to investigate a potential employee, there is no way it will take more than a few days. But FBI knows the USCIS won't complain about delays, so they probably tell their employees to put immigration-related checks to the bottom of their priority list if it needs a manual search, as USCIS doesn't mind if it sits there unfinished for years. So they put aside USCIS name checks in order to work on requests from other government or private organizations.
Well sure - a namecheck can be expedited - after all, thats how the majority of 1447b cases get resolved when they are due before the judge. The backlog is simply so huge that the portion of staff dedicated to USCIS work is so small that the wait time gets longer and longer.
The other reason for delays is the new procedure since around early 2002 where by USCIS required FBI to do both main file and reference file checks which increased the possible manual file retrieval manifold times.
Banks and other clearances may not necessarily required reference file checks.
Banks and other clearances may not necessarily required reference file checks.
Jackolantern
Registered Users (C)
Ever had an annoying task to do that takes only a few hours, but you put it off for weeks or months? The delay is far out of proportion to the time the task takes, simply because you have given it such a low priority.
It's not just about resources; it's about prioritization. By giving the USCIS requests a higher priority, they could achieve a great reduction in the delays with only slight increases in the wait time of other requests. But USCIS doesn't want the FBI to treat name checks as high or even medium priority, so the FBI will put them to the bottom of the pile.
Jackolantern
Registered Users (C)
That is probably part of the reason, which shows that the USCIS actually wants the FBI to take a long time so the USCIS can use the FBI as an excuse for not completing cases faster.
why not beef it up? I believe name checks should become a must for everyone buying firearms. I can imagine guns enthusiasts' reaction and what it would do to current state of the procedure!
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That is a ridiculous assumption. It is my understanding that if a name check is pending, they can't proceed. If so, how can you blame them as being lazy?I don't think it would be matter of choice or convenience on the part of USCIS to point to the name check as reason for not working on 300 cases. I thought that USCIS had no control over when a name check clears.
The problem is that the name check USCIS requires is something no other government agency requires (other than for a senior government appointment). They require both Main file and reference file checks. The latter causes huge delays. FBI has been suggesting to USCIS for some time now to revert back to main file checks only, but USCIS has stood fast to the current system.
If that is the case that's sad. On the other hand, have you ever looked at it from the USCIS point of view? Do you think they want to be badgered day in and day out by people inquiring about their name checks? Especially if it's ultimately the FBI that controls how fast the name check clears. What would USCIS have to gain by making people wait months and months? Maybe there are so many people applying and not enough USCIS employees to finish the cases in a timely manner. Has anyone ever considered that? I'm just playing devil's advocate here and trying to look at the big picture.
Well USCIS has their hands full. They may not be able to even use the employment based visas this year (2 days left for it including the weekend!). And this is with over half a million applicants waiting. So having a ton of these applications not counted as backlog is not a bad problem to have.
The other benefit for USCIS is that they will never have to account for anyone having got immigration benefit if they were involved in any criminal activity. At around 9/11, a person was naturalized whose main file was clear but reference file indicated this person was actively associated with some terrorists. Since then USCIS decided to have ALL applicants for GC and N-400 get main and reference FBI file checks, regardless of the time.
The other benefit for USCIS is that they will never have to account for anyone having got immigration benefit if they were involved in any criminal activity. At around 9/11, a person was naturalized whose main file was clear but reference file indicated this person was actively associated with some terrorists. Since then USCIS decided to have ALL applicants for GC and N-400 get main and reference FBI file checks, regardless of the time.