New procedure in Name check

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Invienna

Registered Users (C)
I have heard lately that to avoid the lawsuits that come from people who get stuck in namechecks, USCIS has changed the procedure of calling people for Interview. For the people who have applied for citizenship after May 15, they will be calling people for interview only after their name has been cleared in FBI name check. Is there any truth in that? what will be the implications of this new policy for the people who have applied in June?
Does anybody have soem concrete information?
 
Invienna said:
I have heard lately that to avoid the lawsuits that come from people who get stuck in namechecks, USCIS has changed the procedure of calling people for Interview. For the people who have applied for citizenship after May 15, they will be calling people for interview only after their name has been cleared in FBI name check. Is there any truth in that? what will be the implications of this new policy for the people who have applied in June?
Does anybody have soem concrete information?
Click to expand...

At least that's what the California Service Center is doing starting May 2006. I don't know about the other Service Centers.
 
So what does that mean? If my name is one of those which can get stuck in name check, I should not expect to hear on interview at all?
 
I am sure the #1 Reason is to cover their behinds probably because so many lawsuits were filed and now you can't do it anymore.
Also I like it that way a lot better. So at least I don't have to wonder has it cleared yet or not .. obviously before it didn't matter whether the Check was cleared or not.
Either way .. it has it's good side and it's bad side.

Ladybuggy :eek:
 
You still can sue thier behineds using Writ of Mandamus, but not under the 1447b.
see my signture below.

Regards,

Moody
 
Dani said:
Wow. No wonder some of us (including me) had to wait for a long time...

N-400 filed at CSC: June 8, 2006
N-400 received at CSC: June 13, 2006 (priority)
...
Interview: December 1, 2006
Click to expand...

Hmmm... Application to Interview in less than 6 months is pretty much the time that the USCIS "targets". It's not "a long time".

Congrats on your quick ride through the process so far.
 
The logic of what is said in the New York Times article would indicate that people who have been longer in the U.S. would probably have a higher probability of hitting a snag with the name check due to their higher probability of matching a name in a paper based record which takes longer to retrieve. It seems that younger people who have been in the U.S. for less time should have fewer problems as most of the matches would be on databases that can be verified quicker. Of course this is all my own interpretation of the way the name check process is explained in the article. I am not sure, but should be that they check the dates the matches happen to discard impossible matches, like matches when one was younger than 5 years old, or any other arbitrary age. It would be good to see if there is a correlation between length of residence in the U.S. and name check delays for people having name check issues.

I know that all is done in the name of improving security, but it always makes me a bit nervous when your future depends on paper records and bureaucracy. As we all know by now with all the identity theft going around is that someone could have used your name to do a bad thing and you end up paying for it with little possibility of fixing the problem. I wish the system could accomodate for a possibility of clearing up or fixing one's record. Anyway, I wish everyone a happy name checking :)
 
Flydog said:
Hmmm... Application to Interview in less than 6 months is pretty much the time that the USCIS "targets". It's not "a long time".

Congrats on your quick ride through the process so far.
Click to expand...

Well... I see your point, but compare to other applicants who filed with CSC it is a little longer than usual. I have seen posts on this forum indicating that some got their oaths already, with late August filing. Now, that's fast!
:)
 
Invienna said:
So what does that mean? If my name is one of those which can get stuck in name check, I should not expect to hear on interview at all?
Click to expand...

No. Not that you will never hear about interview. Only thing is that you can expect delay - longer than usual.
 
Invienna said:
I have heard lately that to avoid the lawsuits that come from people who get stuck in namechecks, USCIS has changed the procedure of calling people for Interview. For the people who have applied for citizenship after May 15, they will be calling people for interview only after their name has been cleared in FBI name check. Is there any truth in that? what will be the implications of this new policy for the people who have applied in June?
Does anybody have soem concrete information?
Click to expand...


Yes this information is correct. USCIS will only schedule an interviw after the applicant's background check has been cleared. All of the feilds offices have been ordered to do so from USCIS headquarter in Washington DC.
They started doing that to avoid thousands of lawsuits. This would not have a major impact as applicants still can sue if their applications have taken more than the usual time. Judges look at the "usual time" as how long the average application takes, if your application has taken longer than the average time, you can sue.

A smart lawyer will know how to go around that, so do not worry about it. It is well documented that an average N-400 application (USCIS own words) takes from 6 to 9 months, if your application takes longer than that, sue them. You can easly argue that your application has taken "longer than the average", USCIS will then have no choice but to expedite your application and get it done faster. If USCIS try to dismiss your case, an honest jusdge will put them on the spot as far as how long USCIS need to make a decision on the application. A judge will NOT give USCIS an open ended decision where USCIS can approve or deny your application without a specified time frame, which is exactly what you want anyways.

Good Luck
 
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For what it's worth, a friend here in Dallas had his interview at the end of August and was told he was still stuck in name check. I've pointed out that 1447b is there for him once 120 days roll by.

In any case, this proves that if there is a "no interview till name check complete" policy, it either hadn't rolled out to every DO by the end of August, or that it is not strictly followed (or that the policy doesn't really exist).
 
Flydog said:
For what it's worth, a friend here in Dallas had his interview at the end of August and was told he was still stuck in name check. I've pointed out that 1447b is there for him once 120 days roll by.

In any case, this proves that if there is a "no interview till name check complete" policy, it either hadn't rolled out to every DO by the end of August, or that it is not strictly followed (or that the policy doesn't really exist).
Click to expand...

Yes this policy does infact exist:

"The USCIS has changed this policy to limit the number of lawsuits that can be filed under Section 336(b) of the Immigration and Nationality Act. This section of the law permits naturalization applicants to file a writ of mandamus in federal court to force a decision on a naturalization case if 120 days or more have elapsed following the naturalization interview and there still is not a decision on the case. Since name-check clearances are a significant source of delays, they are a leading reason that naturalization cases are taken to court under Section 336(b). According to the April 25, 2006 policy Memo, 82% of FBI name checks are resolved in a few weeks, and 99% are resolved within two months. The remaining 1% can take many more months, however, and even years to resolve.

The USCIS is trying to eliminate one tool used by some long-delayed naturalization applicants who are stuck in the name check process by changing when the naturalization interview occurs. The USCIS Memo notes that many of these lawsuits did not result in the approval of the naturalization cases until the problems surrounding the background checks were resolved. Some of the courts did issue deadlines for the USCIS and FBI to complete the checks, however, and they were able to comply after being so ordered"
 
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Well ok then ....
So when and under what circumstance can we sue now ...

Let's say I am stuck in the Name Check for 13 Month .. can I sue ?
What if I am stuck for 9 Month .. can I sue ?

I mean there is no timeline for the FBI Check ... and now they say that you don't get an Interview unless you are cleared ..

I am just a little worried now that when people do get stuck, they have no options then anymore. You know what I mean ?

:cool:
 
Ladybuggy said:
Well ok then ....
So when and under what circumstance can we sue now ...

Let's say I am stuck in the Name Check for 13 Month .. can I sue ?
What if I am stuck for 9 Month .. can I sue ?

I mean there is no timeline for the FBI Check ... and now they say that you don't get an Interview unless you are cleared ..

I am just a little worried now that when people do get stuck, they have no options then anymore. You know what I mean ?

:cool:
Click to expand...

I agree 100%.
But there's a little benefit in regards of namecheck for those who have already received ILs - it's the knowledge that it has been completed. Although you can never be sure with those ass*oles.
:mad:
 
Oh I agree. I have said it before. Either way .. I like it and I don't. I like it because you know when you recieve a IL in the Mail that you are not stuck anymore. You don't have to sit there until your Interview and take the pedals of a flower and ask yourself. Did I make it through the Name Check or am I still pending ... and so on.
On the other hand though, like I said. Are you still able to do something after 120 Days like before .. and if so. 120 Days after N-400 is sent, 120 Days after FP are taken .. what ????
And if not .. what are my options from now on and how long do I have to wait to proceed these options ..
So I have said it before and I say it again. Personally I think it is a good thing but probably when/if I get stuck in the Name Check you hear a different tone and sound out of my mouth than right at this moment, lol.

Ladybuggy :eek:
 
Ladybuggy said:
Personally I think it is a good thing but probably when/if I get stuck in the Name Check you hear a different tone and sound out of my mouth than right at this moment, lol.
Click to expand...

Totally! It all depends on our standing in the process.
I was just thinking that a few weeks back I also was strogly oposing the new trend... but now, since I got my IL I am thinking "Hm... that's not so bad after all"
;)
 
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