pending N400 oath ceremony because of the name check

waistophobic200

New Member
FYI, I have been able to find out how
the security background checks are done and why they take
varied times for different people post interview.

It all depends on your name. The name check which is done
for visa's, is also being done for N-400. So below visa and
naturalization are the same upto name check.

Why varied time?
If you have an arabic sounding name or a variation
of your name sounds Arabic, the data base has names for sure
which are similar. For example if there is Mohammad or waled
in your name, you may be a "hit". Hits have to be resolved.
It takes at leat 4 months, plus a month or two for communication.
So many people with Mulim names will have to wait a minimum
of 6 months. Of course women are hardly in the data base hence,
they clear fast.

FBI has told my congressman's office that they cannot keep up
with demand for various name checks requests. So there is
a backlog and is growing. So if you are a muslim, post interview,
you should expect about a year.

If you don't hear after that you have been by mistake classify
as possible threat. The law does not require this to be a
certain thing; doubt disqualifies you. The only problem is that
when this happens, BCIS will not tell you. Either they will find
some other reason to deny you or they will just make you
wait. So after a year, you may assume, you are denied.

These have come through two independent sources and I am
pretty sure they are true.

FBI Name Check Process

It may be helpful to the Committee to follow along with Attachment B, a flow chart of the FBI visa name check work process. Consular officers worldwide determine whether a visa request falls into one of the special visa categories requiring additional scrutiny. Two of these categories are Visa Condor, relevant to certain individuals who are from designated countries and who satisfy additional criteria which may make them worthy of additional scrutiny, and Visa Mantis, relevant to certain individuals who will have access during their visit to American special technologies. The consular officer will submit their name check requests by cable, simultaneously to both the FBI and State Department headquarters.

In the next step of the process, the FBI communications center forwards the batches of names to be checked electronically to the name check program. The name is electronically checked against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, and so on. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.

If there is a match with a name in a FBI record, it is designated as a "Hit", meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or indices entry to further refine the names "Hit" on. If the search comes up with a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.

Resolution Rate

Approximately 85% of name checks are electronically returned as having "No Record" within 72 hours. A "No Record" indicates that the FBI's Central Records System contains no identifiable information regarding to this individual. By agreement with State, partially due to our concern about the time factors in approving most visa requests, a No Record equates to a No Objection to the issuance of a visa. The substantive investigative divisions in the FBI, (i.e., Counterterrorism Division (CTD), Counterintelligence Division (CD), Criminal Investigative Division (CID) and the Cyber Division (CyD)) do not review visa requests where there is no record of the 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 to State.

Because a name and birth date are not sufficient to positively correlate the file with an individual, additional review is required. A secondary manual name search usually identifies an additional 10% of the requests as having a "No Record", for a 95% overall "No Record" response rate. This is usually accomplished within a week of the request. The remaining 5% are identified as possibly being the subject of an FBI record. The FBI record must now be retrieved and reviewed. If the records were electronically uploaded into the FBI Automated Case Support (ACS) electronic recordkeeping system, it can be viewed quickly. If not, the relevant information must be retrieved from the existing paper record. Review of this information will determine whether the information is identified with the subject of the request. If not, the request is closed as a "No Record."

The information in the file is reviewed for possible derogatory information. Less than 1% of the requests are identified with an individual with possible derogatory information. These requests are forwarded to the appropriate FBI investigative division for further analysis. If the investigative division determines there is no objection to the visa request, the request is returned to the name check dissemination desk for forwarding to the State Department. If there is an FBI objection to the visa request, the investigative division will prepare a written Security Advisory Opinion (SAO) and forward it to the State Department. In reviewing these visa requests, the FBI has identified individuals attempting to enter the United States who are of serious concern to the FBI.
 
Processing Times

Processing Times

As in the name checks processes for 70 other agencies, the name check system accurately monitors the status of visa requests in the name check process. The system's metrics are a dynamic tool, allowing the FBI to identify when to add additional personnel to process visas. The metrics also provide an accurate tool to determine whether the name check process is causing delays for visa requests.

The FBI's goal is to have all requests completed within 120 days. Attachment C illustrates the current status of Visa Condor names checks, and Attachment D illustrates the same for Visa Mantis name checks. This status was taken on July 3, 2003. For example, for Visas Condor, the FBI received 7384 requests during the month of June 2003. The FBI resolved all but 649 of these requests, for a 92% resolution rate. In the month of May 2003, the FBI received 5,059 Visa Condor requests and has resolved all but 105 of these requests for a 98%resolution rate (See Attachment C). For Visas Mantis, the FBI received 2589 requests in the month of June 2003 and resolved 2226, or 86% of them (See Attachment D). Visas Mantis are particularly difficult to resolve due to the predominance of requests from China and the commonality of Asian names.

A common question we receive is, How long does it take to complete a visa request name check? As shown on these graphs, 86 to 92% are completed in 30 days. For both types of visa requests, 98-99% of the requests are resolved in 120 days.

Most name check requests that are over 30 days old are the result of the time required to retrieve and review field office record information. Some delay occurs at substantive analysts' desks, but this is to be expected. These analysts are assigned to the investigative divisions and are primarily assigned to the analysis of intelligence reports from around the world in order to support on-going investigations, or to support the flow of intelligence to policy makers. These are the best professionals, however, to review information in our records and to then make an informed decision on whether a requester of a visa represents a threat to our homeland, or is interested in illegally acquiring our targeted technology. Nevertheless, as I stated earlier, the FBI's resolves 99% of all types of visa requests within 120 days.

These numbers provide you accurate information to assess whether, both in time and in numbers, the FBI name check process for visa requests unduly disrupts the legitimate commerce of this nation.

What happened was for one N400 applicant local office was telling that the application was on name check proceess. What the applicant did was called the FBI. They informed the applicant that the name check was completed and approved and already sent few months back. Also, the applicant was told that it was sent to the service center.

So, sometimes they send it to the service center and the local office never receives it and wait for ever thinking that it is on the approval process. May be Service senter personals must have received it and discarded it thinking that they have nothing to do with that document......

Congressman office or a joke thay wont left a finger they will just fax inquiry request and try to fiind out just some simple info
i have done most of there job , i had to pull some string right and left i have been waiting since december 2003 to get a new oath ceremony ,it was cancelled at the last moment
i'm thinking filling a PETITION FOR A WRIT OF MANDAMUS to force BCIS to get me an oath ceremony date

i did call the FBI and then i had to fax the a pricacy act request
them i got a confirmation that the National Nam check program was completed and sent back to the BCIS headquarter .
also i made a privacy act to access my record and find out what was on the National Nam check program got a response letter from the FBI stating that i had "no record" and was never subject to any interest or investigation from the FBI so botton line i was cleared as far as i know

still have not got a new ceremony date , i'm in the process to fil a mandamus soon i will drop by BCIS office and show them letter i got from FBI and see what they are going to tell me and find out if any oath ceremony date was schedule for me


Application Sent - november 2001
Fingerprinting Complete - march 2002
Interview Complete - may 2002
Oath Letter received in november 2002
Oath ceremony scedule december 5 th 2002 Was cancelled
i have been waiting since i have been waiting since december 2002 to get A GOD DAMM AOTH CEREMONY
 
Wow, Very detailed and specific info.. Where did you get such specific details from?

Sorry to hear abt ur delay, im sure things will correct themselves soon
 
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