NYT article about I 485 scandal

juntha said:
http://www.nytimes.com/2007/07/06/us/06visa.html

I would support a lawsuit in that case. Sorry for you guys who got approved without security clearance/name check first, but the rules are the rules: no approval until COMPLETE security check.
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I am very disappointed by your behavior. Majority of people stuck in Name Check have much clean records and are law abiding US residents for 4-10 years. While applying I-485, we do provide all our past information right from birth.

What background check takes 5 years, and if it is so important, it should take only minutes. Otherwise, you are risking national security by allowing the person to stay in US for 5 years.

If your name is common or there is a HIT because your name even 90% matches with someone, or there is a system 'Short Dump', you are stuck for no valid reason.

So be fair and let the agency process cases strictly in the order it was received.
 
juntha said:
http://www.nytimes.com/2007/07/06/us/06visa.html

I would support a lawsuit in that case. Sorry for you guys who got approved without security clearance/name check first, but the rules are the rules: no approval until COMPLETE security check.
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The main point of the lawsuit is not to sue USCIS/State Dept. for assigning visas without finishing name check, the main point is to bring them to task for raising the hopes of people and then dashing them to the ground again and to bring to light the massive inefficiencies.

As a side note, if this suit also brings the plight of the name check process (where people suffer needlessly for years) to the forefront, then it's a good thing. I fear the anti-immigrant folks in this country will latch on to this matter of pointing to these few cases that they approved without complete name check (which, I am sorry to say, seems to be your attitude too juntha. From your signature it looks like you have been waiting for labor for 5 years now, which sucks. Wouldn't it suck even more to get your Labor and then wait for 5 more years for no other reason than that the FBI and USCIS can't manage a process efficiently?) , thus making the process even more tighter, instead of bringing the inefiiciencies of the process to the forefront.
 
prq20 said:
I am very disappointed by your behavior. Majority of people stuck in Name Check have much clean records and are law abiding US residents for 4-10 years. While applying I-485, we do provide all our past information right from birth.

What background check takes 5 years, and if it is so important, it should take only minutes. Otherwise, you are risking national security by allowing the person to stay in US for 5 years.

If your name is common or there is a HIT because your name even 90% matches with someone, or there is a system 'Short Dump', you are stuck for no valid reason.

So be fair and let the agency process cases strictly in the order it was received.
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I dont care if yu are disapointed or not. The law says that I485 is approved after security clearance. Playing around with the rules is gonna get us all in deep shit. You do not realize how many people are gonna sue for this mess. Not only people like us, but also any american citizen (including anti-immigrant pricks) thinking that it is a serious breach in security.
Don't tell me BS about 'your' case.
On a personal level (and i hope it is the case for most people in this forum), I am still thinking a complete security clearance should be performed on everyone. I understand that some people got 'hit' for a name that looks the same as another one but it is the drawback of a systematic security check: it has to start somewhere. You cannot just let one slip or yu end up.. well... in this mess.

Anyhow. Beside your biased comment, there are some questions that came out of a serious reading of this article.
1- 25000+ application in 48 hours ? That sounds like a ridiculous number. www.trackitt.com reported a huge number of approval for june, but it all came to a crawl in july. We should have seen at the very least several approvals by now.
2- What is the 'deadline' USCIS is talking about. And why did they rush the visa approval before july knowing that there is 3 more months to approve the rest of the case for FY2007. They made people work on sat and sunday ... there s something odd here.
3- DOS and USCIS is obviously one against the other. Miscommunications my ass...
4- USCIS ask DOS for a visa number as far as i understand. How the hell did they get it on the week end without DOS working ?
5- 'ALMOST' completed clearance ? USCIS can see if FBI has almost finished working on cases ? On a sunday ? Are they kidding me ?
 
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juntha said:
I dont care if yu are disapointed or not. The law says that I485 is approved after security clearance. Playing around with the rules is gonna get us all in deep shit. You do not realize how many people are gonna sue for this mess. Not only people like us, but also any american citizen thinking that it is a serious breach in security. I am still thinking a complete security clearance should be performed on everyone. I understand that some people got 'hit' for a name that looks the same as another one but it is the drawback of a systematic security check: it has to start somewhere. I have been here for 10 years afterall and no GC so far. You don't see me complaining.
Anyhow. Beside your biased comment, there are some questions that came out of a serious reading of this article.
1- 25000+ application in 48 hours ? That sounds like a ridiculous number. www.trackitt.com reported a huge number of approval for june, but it all came to a crawl in july. We should have seen at the very least several approvals by now.
2- What is the 'deadline' USCIS is talking about. And why did they rush the visa approval before july knowing that there is 3 more months to approve the rest of the case for FY2008. They made people work on sat and sunday ... there s something odd here.
3- DOS and USCIS is obviously one against the other. Miscommunications my ass...
4- USCIS ask DOS for a visa number as far as i understand. How the hell did they get it on the week end without DOS working ?
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Can you quote me the law? If this is true, why are there people quoting that USCIS will approve even if the NC is pending.

If you don't care who will care for you? Be logical and respectful to others.

I am also very much in the favor of a fair and justifiable process of background check. The current process is taking us nowhere.

The fact is all the people stuck in NC are clear with other rigorous checks such a IBIS and FP. It is not your fault that your name has a close match (who knows) with someone and then its stuck (pending, with no action on it for years). What an efficient service to look after national security :)
 
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prq20 said:
Can you quote me the law? If this is true, why are there people quoting that USCIS will approve even if the NC is pending.

If you don't care who will care for you? Be logical and respectful to others.

I am also very much in the favor of a fair and justifiable process of background check. The current process is taking us nowhere.

The fact is all the people stuck in NC are clear with other rigorous checks such a IBIS and FP. It is not your fault that your name has a close match (who knows) with someone and then its stuck (pending, with no action on it for years). What an efficient service to look after national security :)
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Well NOW you got my point !
AILF is suing partly because it IS illegal to approve an I485 without complete security clearance. If USCIS followed the rules, many people wouldn't have cancelled trips, wasted money on a bogus Visa Bulletin.
Read the article. and read in this forum for the law. I am not going to do some extra homework.
This is not a question of respect or logic. One rule must be applied to anyone. That's it. Even if it seems unfair...
There are no other way to check on someone's history. It has to start somewhere. I am not gonna say it s your fault if you are stuck but, again, this is the drawback of an unperfect system. You are , by the way, more than welcome to let FBI know how to check quickly on everyone. I think they would be interested.
 
juntha said:
Well NOW you got my point !
AILF is suing partly because it IS illegal to approve an I485 without complete security clearance. If USCIS followed the rules, many people wouldn't have cancelled trips, wasted money on a bogus Visa Bulletin.
Read the article. and read in this forum for the law. I am not going to do some extra homework.
This is not a question of respect or logic. One rule must be applied to anyone. That's it. Even if it seems unfair...
There are no other way to check on someone's history. It has to start somewhere. I am not gonna say it s your fault if you are stuck but, again, this is the drawback of an unperfect system. You are , by the way, more than welcome to let FBI know how to check quickly on everyone. I think they would be interested.
Click to expand...

Name check is not an efficient tool to check someone's history. If you know the process, you submit all your history with your I-485 application (G325). FBI NC process only takes your name components and date of birth and looks for a possible match in the system. It even looks for a closer match as well. I think there are millions of John Kennedy, Elizabeth, Maria, Mohammed, and Kumar and Singh in this world. Mostly these people are stuck because they have a common name.

Further NC also looks for secondary records where a match appears. It means if you are traveling in a car whose driver doesn't have insurance and there is an accident and subsequent report, cop may take your name as you were the witness but guess what, it may appear as a HIT in your FBI name check :), its that simple.

Thus FBI NC is a totally isolated process and it doesn't look into your history at all. All it looks for is John Kennedy, Elizabeth, Maria, Mohammed, Gonzalez, Kumar and Singh.

Even, recent USCIS ombudsman report states the same about this unfair and inefficient practice.

The importance of this process in government's list of priorities can be easily judged by the fact that there are less than 50 analysts looking after a million name checks and USCIS spend $5 for each name check. What a great job in accomplishing national security of this great land.
 
From Oh law

According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
-end-


yes and 25 000 cases approved during the week end (according to NYT article).
Something s up. I dont think 'THE TRUTH' starts coming out like they say. I think they just realized the mess they are in and trying to do some damage control before it turns out of control.
 
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