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Process USCIS follow for name check
- Thread starter pollinh
- Start date
Hi, I noticed in your signature that you had an FBI privacy request. May I ask what it means?
This memo looks like good news: even if I485 has not cleared name check but is pending for more than 6 months, application is going to be approved and the card is going to be issued anyway.
This memo looks like good news: even if I485 has not cleared name check but is pending for more than 6 months, application is going to be approved and the card is going to be issued anyway.
attached is the PDF with detailed information.
Is this good news?
austriacus
Registered Users (C)
I think this can be good and bad. For most people it will be very good.
But, up to now, if your I-485 was approved it meant your name check was cleared and USCIS will not come after you unless you commit a crime of moral turpitude, abandon your residency, basically situations in your control or that you have an expectation for. Now, if some administrative error occurs during the ongoing name check, you could be surprised by your permanent residency being revoked and you can be placed in removal proceedings after you become a permanent resident. It brings up questions such as, what if you're outside the country when this happens? How can you plan your life around it, such as settling down, not knowing if there's still a name check pending and if it will finally be approved? Apparently there's no time limit on how long the FBI has to complete the check.
But, up to now, if your I-485 was approved it meant your name check was cleared and USCIS will not come after you unless you commit a crime of moral turpitude, abandon your residency, basically situations in your control or that you have an expectation for. Now, if some administrative error occurs during the ongoing name check, you could be surprised by your permanent residency being revoked and you can be placed in removal proceedings after you become a permanent resident. It brings up questions such as, what if you're outside the country when this happens? How can you plan your life around it, such as settling down, not knowing if there's still a name check pending and if it will finally be approved? Apparently there's no time limit on how long the FBI has to complete the check.
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Hmmm...not so good
The ideal situation is to actually have the namecheck done and completed before the issuance of a Green Card. That way, unless you violate the terms of your residency after issuance you should be fine.
In the procedures outlined, if the namecheck has been pending for 180 days, you get an approval assuming you qualify on other grounds. The scary part is, if the results of the namecheck come in unsatisfactory, your status can be revoked and you can be put in removal proceedings for deportation.
I prefer the old way.
What needed to be done was to speed up the process to completion not issue GC's with the possibility of revocation due to namecheck issues.
Like austriacus has mentioned, what indeed does happen if you are outside the country and the results of the namecheck come in unsatisfactory, will you be refused entry? If yes, that creates a very big mess with family, job, house etc
The ideal situation is to actually have the namecheck done and completed before the issuance of a Green Card. That way, unless you violate the terms of your residency after issuance you should be fine.
In the procedures outlined, if the namecheck has been pending for 180 days, you get an approval assuming you qualify on other grounds. The scary part is, if the results of the namecheck come in unsatisfactory, your status can be revoked and you can be put in removal proceedings for deportation.
I prefer the old way.
What needed to be done was to speed up the process to completion not issue GC's with the possibility of revocation due to namecheck issues.
Like austriacus has mentioned, what indeed does happen if you are outside the country and the results of the namecheck come in unsatisfactory, will you be refused entry? If yes, that creates a very big mess with family, job, house etc
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Majority of these pending name checks are on clean records. Would you prefer to wait for your GC for 4 years (some of these are pending for 4+ years) or get your GC after 6 months and then clear name check a couple of years later?
I for sure would prefer the second scenario. If someone has a clean record the name check is going to clear sooner or later and they have nothing to worry about.
I for sure would prefer the second scenario. If someone has a clean record the name check is going to clear sooner or later and they have nothing to worry about.
The ideal situation is to actually have the namecheck done and completed before the issuance of a Green Card. That way, unless you violate the terms of your residency after issuance you should be fine.
In the procedures outlined, if the namecheck has been pending for 180 days, you get an approval assuming you qualify on other grounds. The scary part is, if the results of the namecheck come in unsatisfactory, your status can be revoked and you can be put in removal proceedings for deportation.
I prefer the old way.
What needed to be done was to speed up the process to completion not issue GC's with the possibility of revocation due to namecheck issues.
Like austriacus has mentioned, what indeed does happen if you are outside the country and the results of the namecheck come in unsatisfactory, will you be refused entry? If yes, that creates a very big mess with family, job, house etc
Majority of these pending name checks are on clean records. Would you prefer to wait for your GC for 4 years (some of these are pending for 4+ years) or get your GC after 6 months and then clear name check a couple of years later?
I for sure would prefer the second scenario. If someone has a clean record the name check is going to clear sooner or later and they have nothing to worry about.
You miss my point.
The idea is to make the FBI complete the check in a specified period. Expedited requests are being made to the FBI to complete the process under certain circumstances such as:
1. Military Deployment
2. Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,
3. Significant and compelling reasons, such as critical medical conditions, and
4. Loss of social security benefits or other subsistence at the discretion of the USCIS District Director.
My point is to add the case of a name check that has been pending for say 6 months to the list and complete the process.
If as you say that the majority of the pending cases are on clean records, then they should be cleared in 6 months.
Not necessarily!
AsPapi,
What would you then say about those who were cleared after a few years anyway? Why keep them waiting indefinitely?
They were fine but were subjected to waiting forever. Its good to note that those who took the government to court did so out of frustration!
AsPapi,
What would you then say about those who were cleared after a few years anyway? Why keep them waiting indefinitely?
They were fine but were subjected to waiting forever. Its good to note that those who took the government to court did so out of frustration!
AsPapi,
What would you then say about those who were cleared after a few years anyway? Why keep them waiting indefinitely?
They were fine but were subjected to waiting forever. Its good to note that those who took the government to court did so out of frustration!
Well, my answer would be, they should have been cleared in the 6 month period because in my opinion if there are any issues they should most certainly come up within the 6 month time frame.
A name check that takes years means that the file is gathering dust somewhere. Why else would a Writ of Mandamus suddenly compel the name check process to be completed soon after?
austriacus
Registered Users (C)
keihei, I assume it means that USCIS will start processing the ones already pending for 6 months, but they probably have a backlog of them to go through (= another USCIS backlog created!).
My comment to whose whose record is clean and favor getting their GC sooner even if the name check is still pending ... while I agree with all the practical advantages (no more EAD, no more AP, accruing permanent residence towards citizenship, and other rights and privileges of permanent residents), I'm sure there will be some cases where unsuspecting people will later be put in removal proceedings due to error. If someone's name was flagged by the FBI for the name check, you'd have to assume there's a small chance FBI is confusing you with someone else if your name shouldn't show up in their database. All I can suggest is that those who had a pending name check and their GC gets approved, should still keep the consequences of their still pending name check in mind. What I think would make this new policy much better is that people should be kept informed about the status of their name check so they don't have to live in fear of losing their GC. Perhaps almost like how you can request a credit report, you should be able to request a name check report. Or can you request this already, under the Freedom of Information Act perhaps?
My comment to whose whose record is clean and favor getting their GC sooner even if the name check is still pending ... while I agree with all the practical advantages (no more EAD, no more AP, accruing permanent residence towards citizenship, and other rights and privileges of permanent residents), I'm sure there will be some cases where unsuspecting people will later be put in removal proceedings due to error. If someone's name was flagged by the FBI for the name check, you'd have to assume there's a small chance FBI is confusing you with someone else if your name shouldn't show up in their database. All I can suggest is that those who had a pending name check and their GC gets approved, should still keep the consequences of their still pending name check in mind. What I think would make this new policy much better is that people should be kept informed about the status of their name check so they don't have to live in fear of losing their GC. Perhaps almost like how you can request a credit report, you should be able to request a name check report. Or can you request this already, under the Freedom of Information Act perhaps?
keihei, I assume it means that USCIS will start processing the ones already pending for 6 months, but they probably have a backlog of them to go through (= another USCIS backlog created!).
My comment to whose whose record is clean and favor getting their GC sooner even if the name check is still pending ... while I agree with all the practical advantages (no more EAD, no more AP, accruing permanent residence towards citizenship, and other rights and privileges of permanent residents), I'm sure there will be some cases where unsuspecting people will later be put in removal proceedings due to error. If someone's name was flagged by the FBI for the name check, you'd have to assume there's a small chance FBI is confusing you with someone else if your name shouldn't show up in their database. All I can suggest is that those who had a pending name check and their GC gets approved, should still keep the consequences of their still pending name check in mind. What I think would make this new policy much better is that people should be kept informed about the status of their name check so they don't have to live in fear of losing their GC. Perhaps almost like how you can request a credit report, you should be able to request a name check report. Or can you request this already, under the Freedom of Information Act perhaps?
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I am neither a statistician nor a mathematician. I am a simple common sense guy just like you. My common sense says that if you are clean you don't need to be worried about Nadda .... The chances of any clerical error and subsequent removal proceedings are the same whether I-485 is pending or whether you already have received the green card.
Congratulations to all those who have been in NC limbo for so many years. Your efforts and prayers are definitely heard!!!!
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