RFE and Name Check

L

LCSilence

Registered Users (C)
Is it possible that one has answered I485 RFE but the case still cannot be approved because of name check?

In other words, USCIS will send out RFEs even the case is not ready to be adjudicated?
 
Well

In 30-60 days I am going to exhaust all non-judicial means and go for writ of mandamus action. Already got the price quotes.
 
Name check pending is FBI's fault. USCIS claims they cannot do anything about it. If we file the law suit against USCIS, how could USCIS make FBI work?
 
If USCIS is given some time frame to finalize the case and name check is not done, it has two opportunities:
1 make FBI to finish name check and quickly approve the case
2 since case can't be approved without name check, deny it

You can guess which one is easier for them.
 
I will tend to disagree

http://www.cella-associates.com/news.php?do=view&sid=102

FBI NAME CHECK EXPEDITE CRITERIA


Required Criteria For An Expedite Request for an FBI Name Check
According to a U.S.C.I.S. memo issued January, 2005, the following criteria must be established in order for an FBI name check to be expedited:

1. Military depolyment must be imminent;
2. Age-out benefits (not covered under the provisions of the Child Status Protection Act);
3. Writ of Mandamus - Lawsuit Pending in Federal Court;
Compelling reasons as provided by the requesting office (i.e. critical medical condition) assessed on a case-by-case basis.
 
dima66a,

Where did you get information that USCIS could simply deny the case if Writ of Mandamus is filed and name check is still pending?

Slt,

Are there any cases that USCIS expedited the name check after Writ of Mandamus is filed?
 
yes

at least 2 in this forum got approved, you can search too.

However, there is a theoretic possibility that somebody will be made example of and will be denied. Khanna mentioned this possibility, although saying it is a remote chance and never happened before.

The law firm quoting me mentioned they handled dozens of these cases. Most likely, according to them, it will never go to hearing, as CIS fix the problem as soon as the complain is filed.
 
Last edited by a moderator:
Re

I am in AL, have several quotes. Probably will be using firm in ATL/GA. I am just waiting to exhaust all other options and my receipt to get a little "older", now i'm only 3months behind the processing date. Still confused about the issue of "local" and "non-local" lawyer. There is nobody in my district who do this type of cases....I am still researching this. PM me if you need law firm coordinates.
 
LCSilence

I was told that by senator's office (Feinstein).

Yesterday I got a letter from my congressman that my name check was finished. His office bugged FBI about my case every 2 weeks since March. Finaly, it worked. It took 2 years, 5 months , and 25 days.
 
cyberelfe said:
Please help anyone! How do I know if my case is now in "name check" status? How do I find this out?
Thanks!!! :confused:
Click to expand...
Yes, I want to know it too. I've responded to my RFE 3 months ago and never got a response from USCIS. IS it possible that my case is stuck in name check ? How to find out ?
 
ykchakri said:
Yes, I want to know it too. I've responded to my RFE 3 months ago and never got a response from USCIS. IS it possible that my case is stuck in name check ? How to find out ?
Click to expand...

DOUBLECHECK. Was your file updated? They might not have received your RFE response, as happened to me. Have your lawyer call INS.
 
You must log in or register to reply here.
Top