New Policy for Case Interviews at CSC ( FBI name check related ).

[mnsweeps]

This was posted on august 1, 2006 by lawyer99 in the humongous name check thread. I didnt want it to be lost in the myriad of thread replies. Thanks lawyer99.

Hi all,

During the last California Service Center liason meeting I attended, the Center Director told us (American Immigration Lawyer's Association members) that as of May 2006, no interviews will be scheduled before the FBI check is cleared. The reason for this is precisely due to the number of lawsuits flooding the Federal Courts against CIS. If there is no interview, the only remediy is WOM. You can't seek judicial review under INA 336(b) [8 USC 1447(b)] b/c there is no interview.

In the Central District of California alone, there are more than 500 mandamus related lawsuits (WOMs and 336(b) judicial review cases). Some AUSAs are fed up with the CIS and the increased workload. Since November 2005, I have seen processing time of mandamus related cases being delayed as well, going from about 1-2 month to 2-4 months-still beats waiting and doing status inquiries but looks like the FBI is not as responsive to litigation as before.

To built a good WOM case, I suggest:
1) Wait til atleast your case is twice longer than the normal processing time.
2) Do 1 INFOPASS a month, save your receipts
3) Send letters and faxes every month
4) Contact your Senator/Congressman to help
5) Save all your paper work, b/c it will be evidence that you exhausted your admin remedies.

Good luck,


Daniel Huang
Attorney at Law

 

[zzerous]

Thanks for sharing again. It is a shame how they are trying every way to avoid solving the real issue at hand.

 

[lotechguy]

Do Processing times and Name Check pending

What is the relation between Name check pending and local DO processing times ? For example NSC does not give the N400 processing times, leaves it to the local DOs to set that. Louisville KY for example has a N400 processing date of Dec 27 2005 currently for N400. So if someone is stuck in name check here after an interview say on June 20th with receipt date of Jan 15 06, does that mean the DO is actively checking for name check clearances for applications with receipt dates on or before Dec 27 2005 only? So if someone with application date of Jan 15 06 had an interview in this DO and was stuck in name check, does the DO no even bother to check the name check clearances till the processing date moves to beyond Jan 15 06 ?