Stuck in Name Check??? Let's track it

who knows

It could be that FBI's congress liason told the congressman that they hope to clear most backlog by the end of Augest. That could be some good word from FBI to fool the congressman. or it is true that FBI has already done that.... as they claimed, 99.8% of the backlog cases have been cleared. I believe, 99.8% can be claimed as most backlog.

Another possibly, FBI just hope to clear the backlog this month, just as they hope to clear all backlog for many years as before. Any hope without solid plan is quite worthless. Just I hope to win the lottory every time, which cannot be true.

I personally think there is good chance of success to writ of mandamus, but it comes with cost (2500-10k in most cases) and add some, if not huge amount of risk for deny. It is just a personal call if you want to wait or spend money to sue CIS.
 
Do not get me wrong guys

I am not against lawsuit action, not at all. I consider it appropriate, more than that! I found actual lawsuit records, where I-485 AOS pending FBI Name Check was cleared (!) during two months after the lawsuit initiated (out of court). This is definitely an option. Look yourself at dv.semper-ante.com

Let us consider several scenarios:

Step 1: Bang! USCIS/FBI are hit with writ of mandamus for pending namecheck

Most likely option: FBI Name Check is expedited.

Expedite result can be:

a) positive, no problems found, status adjusted.
b) CIS fights back and sets a precedent that a court can not meddle with national security by putting a deadlines. Lawsuit dismissed (I found one precedent like that too).
c) FBI finds out that it can not expedite (like paperwork missing, they have to do investigation or something else). CIS denies adjustment right away on the basis that it can not complete security check.
d) Situation "c", but FBI "administratively closes" the case, then everything goes back to "a".
d) Lawsuit drags forever in federal court, costing tons of money for the plaintiff (AOS applicant)


I am not an attorney, but what I would say the optimal path be: Not to hit (USCIS/FBI) with "Adjust in 30 days or else", but through preliminary hearings and sending paperwork to the US state attorneys, try to attract attention and settle case (by adjustment) out of court. This is probably the safest tactics.

Again, I repeat, I am not against writ of mandamus. You just have to exhaust all the available means and then ask yourself a question: "Do I want this case to drag potentially forever or I play russian roulette right away and get it resolved right away". How does that stand against my personal circumstances and employment prospects?

I, personally, very close to exhausting all non-judicial means, I am just waiting to get a grip on what is my employment status and get a feeling how much time do I have to wait and consider my situation. After that I will file writ of mandamus withouth any hesitation. For example if I see that my employment is safe for X months, what I will do, is to wait X-4 months and only at that date file a writ of mandamus. If X is close to 4 than it is time to take a risk and file it.
 
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The sweetest

The sweetest thing would be to wait for the FBI Name Check to complete and then hit with a writ of mandamus :)) can't lose this one hah
 
LC_Silence Compare this one with your response, compare initials

Although, I do not know what to believe. But, anyways, I am pasting email I got from FBI NNCP. That's what I got, I just removed my name. Don't know whom to believe...

Note, the actual person, who replied this email puts his(her) initials after Michael Cannon (standard business practice, you wouldn't expect NNCP chief to answer the emails). In the majority of cases it is "gmg", here it is "deb". Meaning two separate persons answering requests.

Nevertheless, despite all these wonderful findings, my case is not going anywhere :)


Dear Mr. X,

I am responding to your e-mail dated July 15, and June 2, 2005, requesting status for an FBI Name Check.

A review of the FBI's Name Check Program database revealed that a request from the United States Citizenship and Immigration Services (USCIS) for X was received on JMarch 20, 2003 and it is still in a pending status. Due to increased national security concerns, in December 2002 to early 2003, the USCIS submitted an additional 2.7 million name checks for processing to the FBI. This Name Check has been assigned to an Analyst to work on. You will be notified upon the completion of this Name Check.

Please be assured that the Immigration Authorities will be notified at the earliest possible date upon completion of this case. I am sorry for the delay of processing
this request.



Sincerely yours,

Michael A. Cannon, Chief/deb
National Name Check Program Section
Records Management Division

________________________________
 
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FBI Name check pending

How Do I contact FBI regarding my name checl.
What is the phone number or emialID.
 
Following is mine. They replied your email dated in July 2005. That is amazing. I was told FBI is answering emails sent in jan 2005. DEB is nice than gmg. DEB gives more information.


I am responding to your email dated January 30, 2005, concerning your
name check status for immigration purposes.

A review of the FBI's Name Check Program database revealed that a
request from the U.S. Citizenship and Immigration Services (USCIS) for you
was received on July 10, 2003, and it is currently is a pending status.
Due to increased national security concerns, in December 2002 to early
2003, the USCIS submitted an additional 2.7 million name checks for
processing to the FBI. Although 99.8% of these cases have been finalized,
our efforts to complete the remaining requests continue. This has
delayed processing of other requests. You may be assured that the
immigration authorities will be notified at the earliest possible date upon
completion of this case.

Sincerely,

Michael A. Cannon/gmg
Chief, National Name Check
Program Section
Records Management Division
 
Slt,

What will happen if I485 is denied because of law suit? Could we file another I485 immediately based on approved I485?
 
something just hit me regarding clearing all backlogs by august timeline rumour( or fact).
FBI is yet to answer to my email sent end of March. They are only through january.
They coildnt even clear the back log of emails , do you think they can clear the million odd back ground checks they have.
I dont think so.
 
LCSilence

LCSilence

Interesting point you make :) If they deny I-485, the straightforward way is to reapply for another one (if I-140 is approved) :) 245(k) allows up to 180 days without status for EBGC applicants I think. So one will probably be able to file at least 10-20 consecutive lawsuits (with denials) before he acquires 180 out of status days :)
 
wait for another 6-8 weeks for the old timers

I just called the NNCP main line and a lady named Denise answered the phone. She said there is a push to eliminate the name check backlog (although it is not written down). She asked me to wait for 6-8 weeks before I contact my HR and lawyer to contact USCIS. Hope this is good news.

slt said:
LCSilence

Interesting point you make :) If they deny I-485, the straightforward way is to reapply for another one (if I-140 is approved) :) 245(k) allows up to 180 days without status for EBGC applicants I think. So one will probably be able to file at least 10-20 consecutive lawsuits (with denials) before he acquires 180 out of status days :)
Click to expand...
 
I never got an answer to my email to FBI from March 22, 2005. However, I got a response from them to my other email I sent in June! They never told me what date they received my info from CIS (even though I was told by CIS it was December 2003), but below is what they said:

Dear XX,

I am responding to your letter dated June 16, 2005, requesting status for an FBI
Name Check.

A review of the FBI's Name Check Program database revealed that a request from
the United States Citizenship and Immigration Services (USCIS) for MY NAME was received and is in a pending status. Due to increased national
security concerns, in December 2002 to early 2003, the USCIS submitted an
additional 2.7 million name checks for processing to the FBI. This Name Check
has been assigned to an Analyst to work on. You will be notified upon the
completion of this Name Check.

Please be assured that the Immigration Authorities will be notified at the
earliest possible date upon completion of this case. I am sorry for the delay
of processing this request.

Sincerely yours,

Michael A. Cannon, Chief/deb
National Name Check Program Section
Records Management Division
 
nati309 said:
I never got an answer to my email to FBI from March 22, 2005. However, I got a response from them to my other email I sent in June! They never told me what date they received my info from CIS (even though I was told by CIS it was December 2003), but below is what they said:

Dear XX,

I am responding to your letter dated June 16, 2005, requesting status for an FBI
Name Check.

A review of the FBI's Name Check Program database revealed that a request from
the United States Citizenship and Immigration Services (USCIS) for MY NAME was received and is in a pending status. Due to increased national
security concerns, in December 2002 to early 2003, the USCIS submitted an
additional 2.7 million name checks for processing to the FBI. This Name Check
has been assigned to an Analyst to work on. You will be notified upon the
completion of this Name Check.

Please be assured that the Immigration Authorities will be notified at the
earliest possible date upon completion of this case. I am sorry for the delay
of processing this request.

Sincerely yours,

Michael A. Cannon, Chief/deb
National Name Check Program Section
Records Management Division
Click to expand...

Total chaos. Looks like there are two people handling responses Initials "GMG" answers mails starting from January, and "DEB" answers emails starting from June. So, if your emails are before June it make sense to resend them again! Because, you will be waiting for a long time before "GMG" gets to you...it is now getting increasingly funny to watch this bureacratic quagmire
 
Additional thought

Looks like if you just send 1 email the excuse is famous "99.8%", but if you keep bothering them with emails/paper mails, they come up with another fairy-tale "your namecheck was assigned to an analyst". So you would keep quiet and stop bothering them. I wonder what is the 3rd level of excuses? :eek:
 
seriously funny ;-)

For some reasons they are not replying to emails where the I-485 dates are after Aug 2004. Most of them emails responded are only before. So that scares me .. cause they are not even planning to touch those.

I sent couple of emails almost every two months and also a certified Mail. None have been answered. My first email dated Jan 14th 2005. Even this didn't get answered when they say they are processing Jan month.

This is ridiculous and very annoying. I thought INS is tough animal but these FBI folks are just more tougher and ambiguous than INS.


Gimme a break
-Sonpadi
 
I wonder if they're really going to notify ME in addition to CIS as the email says... I would be really impressed if they do!
 
It all revolves

It all revolves around one point. FBI is LAW-ENFORCEMENT agency. It has no mission neither priority to help immigrants. Nobody in FBI will be promoted for doing prompt namechecks for immigrants but someone could easily destroy his career by letting an indigent in. So the answer is clear, FBI will drag these cases for as long as they want.
 
What you say is right.
FBI doesnt owe anything to the immigrants.
Even if you file a lawsuit , they have the national Security issue and The court in the US will simply Dismiss the case.
SO I guess we have to just wait and wait and wait...
 
don't worry too much,

all IDENTs and HITs are valid only for 20 years. Many of them are hard to resolve because they are very old and some pieces of paper are lost.

For example, the most likely reason why my name check was so long, is that in 1985 I signed some papers about secret information clearance. So, in June 2005, this fact became irrelevant and my namecheck was promptly finalized.
 
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