Officially joined the name-check-stuck list

nj_skm

Registered Users (C)
My PD is Apr 2002, EB2 India. I've been seeing approvals for people later than mine so I asked my attorney to check with VSC (where I filed) about my case status.
I got a letter in the mail yesterday stating that I am stuck in name check and that VSC has no control whatsoever on getting this expedited.

So I guess I'll spend some of my weekend in trawling thru these forums and checking out what my options are.

Also for all those who worry about how to confirm their name check status, maybe you can do what I did and initiate a case status inquire after your PD becomes current.

Patience, my old friend, we're gonna be buddies again.

nj_skm
 
This is what I did ..

1. Send letters to FBI - use Google to find out the names and addresses of the officers who can help you. State the case and request to expedite. Expected outcome - nothing.

2. Send letter to USCIS Ombudsman. Expected outcome - letter response.

3. Contact your local congressman and ask for help. Expected outcome - varies.

4. Contact your senator and state your case. Expected outcome - varies.

5. Take an infopass appointment and get case details (when was the query sent to FBI etc.)

It is terrible, but there are gradual escalation steps -

6. Try to get a record using FOIA (Freedom of Information Act). Expected result - varies. You may get a clean chit from them and still won't do any good.

7. If your employer supports it, consider filing a Writ of Mandamus. Prior to doing this, keep a record of EVERYTHING YOU HAVE TRIED IN YOUR POWERS - including copies of INFOPASS appointments. This option will cost you around $7K, but will produce a result in ~1 month.

Good luck!
 
I came across this thread as I am browsing through the forums , I am eb2 July 2002, current now. TSC did not even respond to my case status enquiry after more than 30 days are over. I posted this one another thread too.

Actually, I am really concerned with all the talk about sending the name check to some new central processing center. already I'm in my nineth year, now this central center may endup being another Backlog Elimination Center. Also, bothering is if they move dates forward, the visa numbers will be over before my case could be cleared. I already had sleepless nights last time when eb2 went unavailable.

Can someone throw some light as how bad is the current situation.
 
dl1cd said:
1. Send letters to FBI - use Google to find out the names and addresses of the officers who can help you. State the case and request to expedite. Expected outcome - nothing.

2. Send letter to USCIS Ombudsman. Expected outcome - letter response.

3. Contact your local congressman and ask for help. Expected outcome - varies.

4. Contact your senator and state your case. Expected outcome - varies.

5. Take an infopass appointment and get case details (when was the query sent to FBI etc.)

It is terrible, but there are gradual escalation steps -

6. Try to get a record using FOIA (Freedom of Information Act). Expected result - varies. You may get a clean chit from them and still won't do any good.

7. If your employer supports it, consider filing a Writ of Mandamus. Prior to doing this, keep a record of EVERYTHING YOU HAVE TRIED IN YOUR POWERS - including copies of INFOPASS appointments. This option will cost you around $7K, but will produce a result in ~1 month.

Good luck!

Thanks for your message. Legally speaking, do you know how long one can wait to file the WOM? Can one file the WOM after 7 months of waiting on the security check?
 
Mandamus Writ - how long to wait? Here is my opinion ..

Not legal advice, I am not a lawyer etc. etc. etc. - all usual disclaimers.

Basically, you have to convince a judge that you have exhausted ALL known avenues to obtain your permanent residency. Plus, you may have to take your case to a federal court too.

So, assuming you have
- a paper trail of USCIS responses,
- INFOPASS appointments and results
- responses from Ombudsman, local congressman and the senator,
- your PD is current and has been current for > 6 months (an opinion)
- a decision is still stuck at least a year (another opinion) after your name check / security check was initiated (you can obtain this information from USCIS via INFOPASS - they really try to help you out)

You have reasons to initiate the last step. As always, please speak to your lawyer and your sponsoring company - the latter especially, since the expenses could be high.

USCIS provides a couple of instances where the name check can be expedited. The request HAS to go from USCIS to FBI though; you can't do it on your own. The reasons for expediting would not apply for a vast majority of immigrants though, so look it up to satify your curiosity, but don't pin your hopes there.

In my experience, local congressman and senators help. They do. Despite what USCIS/FBI sites tell you.
 
dl1cd said:
Not legal advice, I am not a lawyer etc. etc. etc. - all usual disclaimers.

Basically, you have to convince a judge that you have exhausted ALL known avenues to obtain your permanent residency. Plus, you may have to take your case to a federal court too.

So, assuming you have
- a paper trail of USCIS responses,
- INFOPASS appointments and results
- responses from Ombudsman, local congressman and the senator,
- your PD is current and has been current for > 6 months (an opinion)
- a decision is still stuck at least a year (another opinion) after your name check / security check was initiated (you can obtain this information from USCIS via INFOPASS - they really try to help you out)

You have reasons to initiate the last step. As always, please speak to your lawyer and your sponsoring company - the latter especially, since the expenses could be high.

USCIS provides a couple of instances where the name check can be expedited. The request HAS to go from USCIS to FBI though; you can't do it on your own. The reasons for expediting would not apply for a vast majority of immigrants though, so look it up to satify your curiosity, but don't pin your hopes there.

In my experience, local congressman and senators help. They do. Despite what USCIS/FBI sites tell you.
Thanks for your input. However, I have few hitches in applying for WOM. Firstly, looks like USCIS is not responding to enquiries recently. Also, I read in other thread that even infopass officer is not giving any written confirmation saying that namecheck is pending. I am planning to try infopass anyway. i have the previous enquiry numbers with me. My employer may not support applying for WOM. I m,ay not do it on my own now but do we really need employer support for this.
 
NJ_SKM,

Do you have a Muslim name or are you from Islamic country ?

I am interested in knowing if any nom Muslims or ppl from non Islamic nations or non terrorist nations have gotten stuck in name check ?
Thanks
 
No .. common names are a problem

Folks,

FWIW, I do not have a Mulsim name - and I still got stuck in this quagmire.

The reason? I think it has to do with a common name.

Assume that XYZ PQRS has an arrest warrant, where PQRS is a common surname.

Woe betide you if you happen to have the same surname / family name.

My last name is a common last name. I got stuck.

For all of 2 and a 1/2 years. It was not pretty.
 
unitednations said:
Name check has a lot of components to it.

All terrorist organizations banned by US Government would be included.
People on interpol wanted lists
People on no fly lists (Senator Edward Kennedy was on it).

USCIS has publicized that a person was arrested at a naturlization interview because there was an arrest warrant for her due to desertion from the army back in 1994.

There is much, much more then just the "islamic terrorists" on these lists. Interesting thing is that the name check is intiated upon their receipt of a 485. However, these lists would be constantly updated/added, etc. If it takes 2 to 3 years to get greencard ultimately approved; it is possible that if they run name check again then you could get stuck.
I know some people belonging to other religions are also stuck in the namecheck. I think the agencies are confused with islamic names as most names are long and have many are common among many countries.

For me it looks like how long a person stayed and how many states he lived in the past 5-6 years matters. If one has lived across many states then it appears that namechecks are taking time for that person (may be FBI is collecting info from all the states).
 
Fairly uncommon name...

My last name is a reasonably common one, given the part of India I come from and my first name is much less common. But the combination of my first and last name is fairly rare (a google search always identifies ONLY me).

And yes, I've lived in the US for 8 1/2 yrs now and have lived in 6 different states. This is interesting as I've never heard of this, though.

I've lived a fairly clean life, other than the occasional traffic ticket.

But of course, innocence is not proof of innocence. :rolleyes:

d1cd, thanks a lot for your suggestions. I'll follow up on them. I'll bookmark this post, too, for you seem to have given a fairly good list of steps to take.

If anyone can add to these steps, please do and this thread can be used as a reference.

nj_skm.
 
FAQ from FBI namecheck website

National Name Check Program—Frequently Asked Questions

How long will it take for my name check to be completed?

The length of time it takes for a name check to be completed varies from name to name. Normally, a name is submitted by an agency, such as the United States Citizenship and Immigration Services (USCIS), on a data tape. The National Name Check Program (NNCP) receives over 62,000 name checks every week, with over 27,000 coming from USCIS on a weekly basis. When a data tape comes in, the names on the tape are electronically checked against the Federal Bureau of Investigation's Universal Index (UNI). The searches seek all instances of the individual's name appearing in both main files and reference files. A main file name is that of an individual who is, himself/herself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, conspirators, or witnesses.

The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency.

A secondary manual name search conducted within 30-60 days usually identifies additional requests as having a "No Record." The remaining name checks (usually about 10% of the name checks originally submitted) are identified as possibly being the subject of an FBI record. At that point, the FBI record must be retrieved and reviewed. If the record is available in the FBI's electronic record keeping system, it can be reviewed quickly. If not, the relevant information must be retrieved from an existing paper record. Review of this information determines whether the information is positively identified with the name check request. If the information is not identified with the request, the request is closed as a "No Record," and the requesting agency is notified as such.

The average time required to retrieve and review an FBI record for possible information related to a name check request is case specific—it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file. If a file is stored locally, an analyst will be able to obtain the file within a matter of days. If a file is located in a field office or other FBI location, the applicable information must be requested from that location. There are over 265 different FBI locations that could house information pertinent to a name check request. If a file is electronically available, an analyst will have immediate access to that file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible information related to the name check request.

Many times, the delay associated with the processing of the remaining name checks is not the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name checks, several million each year, combined with the FBI's current work on processing residual name checks from a batch of 2.7 million requests submitted by USCIS in December 2002, as compared to the NNCP's limited resources. Less than one percent of the requests are identified with a file containing possible derogatory information. If applicable, the FBI then forwards a summary of the derogatory information to the requesting agency. It is important to note that the FBI does not adjudicate the name check requests, but only provides available information to a requesting agency for its adjudication process.

How can I have my name check expedited?

The FBI tries to process its oldest name checks first. Customer agencies will occasionally request expedited handling of specific name checks. Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency. The FBI does request that the number of expedited cases be kept to a minimum in fairness to the other pending name check requests. Because each customer agency determines which name checks are expedited, contacting Congressional representatives, the FBI's Office of Congressional Affairs, or the NNCP will only further tie up vital resources and will not contribute to the expediting of a name check.

Does contacting my Congressional representative expedite my name check?

No, the customer agency determines expedited handling. The FBI's policy is to be responsive to our customer's needs given the limits of our resources. Re-prioritization from multiple sources would convolute the customer agency's ability to manage their priority cases.

Is there a fee I can pay to expedite the process?

No. Processing times are a function of the volume of work versus the resources that can be applied to the task. Paying an additional fee would not speed up the name check process.

I am aware that some name checks have been completed that were submitted to the FBI after cases that remain pending. Why are the name checks not handled in the order in which they are received?

The vast majority of name check requests are completed in less than 60 days. Of those remaining, the FBI tries to complete the oldest name checks first. The time to complete any given name check varies. There are many factors that impact processing times such as the number of files to retrieve and review, a file's location and accessibility, case status, and workload all impact processing times. Another factor that might delay the processing of a name check request on a first in/first out basis is the number of requests for expedited handling received from a customer agency.

My Freedom of Information/Privacy Act request to the FBI resulted in a "no record" response. Given that, why is my name check request still pending?

Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a "main file" search. For a name check, "main files" and "reference files" are both checked, in an effort to protect our national security, in addition to searching a name in a multitude of combinations.

Who can I call to check on the status of my name check?

The FBI will only respond to status inquiries from its customer agencies. Please contact the organization receiving your original application. In Citizenship and Immigration cases, contact USCIS for the status.
unitednations said:
That is correct. It looks like they do a lot more then just a terrorist check.

Recent posting was a person's wife who got 485 denied because the local uscis office in their background check found she claimed to be a Citizen and was on some voting rolls (she never voted and never enrolled; it looked like certain states when you renew drivers license you automiatically get put onto them or something like that).

Point was if they are checking things like this it really slows down the process. I was discussing this with another person and told him this story and he really freaked out. Reason being that anytime a person opens up a financial account; under patriot act; financial institution has to determine person's immigration status; visa; greencard; us citizen. Bank doesn't verify if you say greencard or us citizen. However, if on visa then they ask for passport information, etc.

Every person who opens up an account the information is sent to Washington and they check against known terrorist groups, etc. If there is a hit they contact financial institution. If some people just claimed permanent resident or us citizen out of convenience then it could spell trouble as this other person found out.

The background/name check seems to much more comprehensive then what is available in the public domain.
 
you're getting me a little worried about the error made in this lady's case where her I-485 got denied because background check revealed that she had registered as a US citizen in some bank or something and is very similar to my case.

i have a 401K account with Vanguard for the last 7 years and after about a year i had opened a Roth- IRA account with Vanguard as well. Note that when opening my ROth-IRA account, Vanguard had taken my personal information from my 401K account which was setup by my employer 7 years back. after about a year, when i got my annual account balance letter for the roth- ira account....vanguard had listed me as US Citizen...and this is from the information they received my employer when i created the 401k account.

now thinking about it....this is just a careless error from vanguard. now i wonder if i need to go back to all my documents, bank accounts, brokerage accounts to check if i have been listed as a US citizen elsewhere.

geez....






unitednations said:
That is correct. It looks like they do a lot more then just a terrorist check.

Recent posting was a person's wife who got 485 denied because the local uscis office in their background check found she claimed to be a Citizen and was on some voting rolls (she never voted and never enrolled; it looked like certain states when you renew drivers license you automiatically get put onto them or something like that).

Point was if they are checking things like this it really slows down the process. I was discussing this with another person and told him this story and he really freaked out. Reason being that anytime a person opens up a financial account; under patriot act; financial institution has to determine person's immigration status; visa; greencard; us citizen. Bank doesn't verify if you say greencard or us citizen. However, if on visa then they ask for passport information, etc.

Every person who opens up an account the information is sent to Washington and they check against known terrorist groups, etc. If there is a hit they contact financial institution. If some people just claimed permanent resident or us citizen out of convenience then it could spell trouble as this other person found out.

The background/name check seems to much more comprehensive then what is available in the public domain.
 
Yeah, I don't think bank account is something to be worried about as it doesn't go to the attention of the govt, usually.
When I was working at a job in my university during my MS, the secretary there put me as a citizen on the payroll. When I checked she told me that it doesn't matter that I'm on F1.

Anyway, I followed up with my attorney and her assurance is that it's a standard reply that the FBI always sends in response to an inquiry. I wonder is this is her standard reply to all her worried clients... :p
She told me to take an infopass appointment if I'm interested.

What is the advisability of such a course of action?

Thanks,
nj_skm
 
Not true ..

I have not seen any FBI response to any of my requests. Neither did my lawyer get any response. Search the archives and you will see that they used to have an 800 number for inquiries - it is no longer manned.

Plus - since the name check request originates from USCIS - and not from us individuals, the response from FBI goes back to USCIS only.

Some time back I had seen a "deadly embrace" scenario:

USCIS -> FBI : Name check request on name = ABCDEF

2 weeks later,

FBI -> USCIS : ABCDEF is all clear

USCIS's officer does not file this response for whatever reason. Now, FBI assumes this name check is taken care of and USCIS assumes that FBI is still working on it. USCIS will not send a reminder. FBI will not re-send the response. Result? Deadlock.

Just pray that your case is not in this category.

From an Infopass appointment, I had learnt that the name check requests are not re-initiated, since that has the effect of putting your papers at the end of the queue. Did I believe that? Nah. If the system were so efficient as to delete the earlier request from the queue the moment ABCDEF's name check re-appeared, then it would have to be equally efficient to not do this stupid thing! YMMV and your opinion may vary too .. either way you are right, this is just what I think.
 
Okay, I'll go back to your earlier post and follow the steps in sequence and see if some good might come out of it.
Praying makes you feel helpless and that a power beyond your grasp is at work and all you can do is hope and wait. Prayer is fatalistic and imbibes a sense of helplessness.
I'd rather try to take some action and see if anything will come out of it.
 
Ah, yes...

A power indeed and my options at best are limited. However, i will pursue these options and see what comes of it.
My point is simply this: I don't want to resign myself to fate (and USCIS) and hope that something will come out of it.
Kind of has a loser ring to it...
 
dl1cd said:
1. Send letters to FBI - use Google to find out the names and addresses of the officers who can help you. State the case and request to expedite. Expected outcome - nothing.

2. Send letter to USCIS Ombudsman. Expected outcome - letter response.

3. Contact your local congressman and ask for help. Expected outcome - varies.

4. Contact your senator and state your case. Expected outcome - varies.

5. Take an infopass appointment and get case details (when was the query sent to FBI etc.)

It is terrible, but there are gradual escalation steps -

6. Try to get a record using FOIA (Freedom of Information Act). Expected result - varies. You may get a clean chit from them and still won't do any good.

7. If your employer supports it, consider filing a Writ of Mandamus. Prior to doing this, keep a record of EVERYTHING YOU HAVE TRIED IN YOUR POWERS - including copies of INFOPASS appointments. This option will cost you around $7K, but will produce a result in ~1 month.

Good luck!

Can someone give me pointers on how to search for the FBI contact information for addresses of officers who are responsible for name check?
Thanks,
nj_skm
 
nj_skm said:
A power indeed and my options at best are limited. However, i will pursue these options and see what comes of it.
My point is simply this: I don't want to resign myself to fate (and USCIS) and hope that something will come out of it.
Kind of has a loser ring to it...
thats exactly what I am also thinking, unless I take some action things do not seems to move. I can actually afford to leave everything to uscis, but what is the garauntee that they would be fair when they takeup my case. At the sametime, don't like to be too agressive, its like following up for a job I guess.
 
I am EB-2 11/1/2002 from India . Filed 485 in July 2006 and yesterday through the infopass learnt that I have joined this hole created by FBI.

A question about FOIA . Not that it helps but is needed eventually for WOM. foia.fbi.gov gives two options :-
FOIA
or FOIPA

Which one should be filed. If I file both, is that going to cause an issue ?

Thanks

indian_gc_ocean said:
thats exactly what I am also thinking, unless I take some action things do not seems to move. I can actually afford to leave everything to uscis, but what is the garauntee that they would be fair when they takeup my case. At the sametime, don't like to be too agressive, its like following up for a job I guess.
 
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