Is there a queue for NC, like a FIFO or something? Is everyone getting stuck there or is it just some unlucky people?
How does one even know that their file is stuck because of pending NC with the FBI?
Stuck in Name Check??? Let's track it
- Thread starter Hidden_man
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Is there a queue for NC, like a FIFO or something? Is everyone getting stuck there or is it just some unlucky people?
How does one even know that their file is stuck because of pending NC with the FBI?
namecheck request is usually sent to FBI within 2 weeks of I-485 submission.
That can happen before FP. You can take InfoPass appointment ( https://infopass.uscis.gov/infopass.php ) and find out if namecheck cleared or not.
1. No fairness in NC process. Many come out fast (several days to 6 months), and usually they would not visit this forum. Others seems to resolve without any particular order (1 to 4 years)
2. Read the forum. The only easy and reliable way to find about NC is by going to Infopass appointment. Other ways include writing to Senator or First Lady, but that requires a decent wait.
2. Read the forum. The only easy and reliable way to find about NC is by going to Infopass appointment. Other ways include writing to Senator or First Lady, but that requires a decent wait.
Ok. Thanks for the info guys - just scheduled an Infopass appointment for next week, will find out the status soon whether it is out of there or is stuck.
Btw, no LUD's except the one right after the FP appointment - does this mean they have not got to my file yet?
Surprisingly, only a single LUD for I-140 and even that is not approved yet - the LUD was in August.
I just called the TSC 800 375 5283 and spoke to a lady and asked about my NC clearance, she replied saying "Security Clearance pending", this means am I stuck in NC or too early to get it cleared as I have applied my 485 in July and done my FP in sept 07 ????
And how long should I wait to call them back again?
thanks!
And how long should I wait to call them back again?
thanks!
BigTimeGCVictim
Registered Users (C)
Dear dude40004
I know your frustration but we are helpless man. I hate this damn background check process which is hurting innocent people like us. Though we are current all the time, we are missing to make it in every year quota from 2005, 2006,2007 and I am afraid whether we can make atleast in 2008 quota.
I dont know who is going to be responsible(USCIS/FBI) after they come up with a clearance after 3 years since we already lost our 3 years of sleepless nights just thinking about this and every year quota.
Because of their in-efficient systems they are bothering an innocents. What the heck they do in their manual process...anybody has any idea...???
I know your frustration but we are helpless man. I hate this damn background check process which is hurting innocent people like us. Though we are current all the time, we are missing to make it in every year quota from 2005, 2006,2007 and I am afraid whether we can make atleast in 2008 quota.
I dont know who is going to be responsible(USCIS/FBI) after they come up with a clearance after 3 years since we already lost our 3 years of sleepless nights just thinking about this and every year quota.
Because of their in-efficient systems they are bothering an innocents. What the heck they do in their manual process...anybody has any idea...???
rollingstone
Registered Users (C)
IMP namecheck related bill introduced in HOUSE!
I apologize for the cross post but this is an important development that everyone stuck in namecheck must be aware of.
An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:
http://www.house.gov/writerep/
Please post this message in all immigration groups you are member of.
PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.txt.pdf
HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.
(b) Elements of Plan- The plan shall include the following elements:
(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.
(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.
(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.
(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.
(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.
(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.
(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.
(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--
(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and
(2) the name check fee shall be fully refunded.
(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.
END
I apologize for the cross post but this is an important development that everyone stuck in namecheck must be aware of.
An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:
http://www.house.gov/writerep/
Please post this message in all immigration groups you are member of.
PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.txt.pdf
HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.
(b) Elements of Plan- The plan shall include the following elements:
(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.
(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.
(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.
(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.
(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.
(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.
(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.
(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--
(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and
(2) the name check fee shall be fully refunded.
(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.
END
InTheMoment
Registered Users (C)
Wait till end of Dec/early Jan. That will be around 4 months since your name was sent to FBI (sent usually ~ 1-2 weeks from your ND)
If it is still pending in March (six months) kind of an indication that it is officially "stuck in namecheck"
If it is still pending in March (six months) kind of an indication that it is officially "stuck in namecheck"
FBI namechecks in other countries
FYI - Some people asked if FBI conducts investigation in your home country...
I've received a package from Senator (Mike Honda), asking me to provide info on application, and sign release form.
What's is intersting is their letter explaining nature of FBI namecheck delays. What they say is - "before a name check is completed, it may require review by federal, state, local and foreign agencies. ... Delays and/or complications may arise due to a common name, spelling variations, frequent travel or change in residency, criminal history, non-cooperations of foreign governments, multiple references, and inconsistent or incomplete information".
This clearly supports the idea that they *may* talk to your home country's government to resolve some NC questions. It's interesting that frequent travel or change of residency (does it mean address in US or residency in other countries?) also affects NC.
FYI - Some people asked if FBI conducts investigation in your home country...
I've received a package from Senator (Mike Honda), asking me to provide info on application, and sign release form.
What's is intersting is their letter explaining nature of FBI namecheck delays. What they say is - "before a name check is completed, it may require review by federal, state, local and foreign agencies. ... Delays and/or complications may arise due to a common name, spelling variations, frequent travel or change in residency, criminal history, non-cooperations of foreign governments, multiple references, and inconsistent or incomplete information".
This clearly supports the idea that they *may* talk to your home country's government to resolve some NC questions. It's interesting that frequent travel or change of residency (does it mean address in US or residency in other countries?) also affects NC.
fastergcwanted
Registered Users (C)
I am a very recent victim of NC compared to most of you here; after being victim of BEC for over 4 years..now I find out that ordeal is not over yet. Experts and NC veterans, please provide yr input to what this means to my case....
I recently did the infopass and found out that my case is stuck in NC...IO said yr case will not be looked at until FBI clears it....
What does this mean? Can I do something about this?
Thanks in advance.
I recently did the infopass and found out that my case is stuck in NC...IO said yr case will not be looked at until FBI clears it....
What does this mean? Can I do something about this?
Thanks in advance.
RollingStone
It doesn't matter that the immigration bill was canned. The bottom line is we need to highlight the delay in namecheck to someone who can fix it.
The senate sub committee for immigration is the only place I know of.
The link I sent you was the only one I could find. You could try sending it to the link and address your request to the subcommittee for immigration. Otherwise you could find their address and send them snail mail.
Chevalblanc
I have stopped ranting and raving and started taking positive acting with respect to the delays caused by the FBI name check. I believe man proposes and God disposes. So I do the best I can
BigTimeGCVictim
Registered Users (C)
No progress in my Name Check status - Infopass
Hi Friends,
I went to INS office this morning with an infopass appointment and there is no progress in the status of my NC. The IO said that my NC has been sent to FBI sometime in May/2005, but what are they doing for 2 years.
Does anyone have an idea, that FBI will check about you with the countries you have visited in last 10 years???.
Now I feel like USICS is far better than FBI in their services.
I really appreciate your suggestions.
Hi Friends,
I went to INS office this morning with an infopass appointment and there is no progress in the status of my NC. The IO said that my NC has been sent to FBI sometime in May/2005, but what are they doing for 2 years.
Does anyone have an idea, that FBI will check about you with the countries you have visited in last 10 years???.
Now I feel like USICS is far better than FBI in their services
.I really appreciate your suggestions.
Last edited by a moderator:
mgupta2050
Registered Users (C)
you are not alone
Biometrics Appointment
I have just received a letter from USCIS for a biometrics appointment (case type I-485) for myself, my wife and son.
Is this finger printing, name check, etc? Is it any indication that I-485 is nearing completion? My PD is still not current so not sure how I can progress, but glad for any ray of sunshine
EB3 (ROW) PD - May 04
I-140 - AD 09/19/07
I-485 (CSC) - RD 08/10/07 ND 10/01/07 LUD - None
I-131 - RD 08/10/07 ND 10/01/07 LUD - None
I-765 - RD 08/10/07 ND 10/01/07 LUD - 10/15/07, 10/23/07 (mailed card)
I have just received a letter from USCIS for a biometrics appointment (case type I-485) for myself, my wife and son.
Is this finger printing, name check, etc? Is it any indication that I-485 is nearing completion? My PD is still not current so not sure how I can progress, but glad for any ray of sunshine
EB3 (ROW) PD - May 04
I-140 - AD 09/19/07
I-485 (CSC) - RD 08/10/07 ND 10/01/07 LUD - None
I-131 - RD 08/10/07 ND 10/01/07 LUD - None
I-765 - RD 08/10/07 ND 10/01/07 LUD - 10/15/07, 10/23/07 (mailed card)
SAI_GIVE_GC2005
Registered Users (C)
Does it mean stuck in NC?
My Attoreny checked with USCIS. IO told that they cannot access FBI data and said that it take longer time. Does it mean that my case stuck in NC?
My Attoreny checked with USCIS. IO told that they cannot access FBI data and said that it take longer time. Does it mean that my case stuck in NC?
Kartoshkin
Registered Users (C)
eliama,
please give more details. Which district court was it? Who were the defendants, how was it dismissed, etc...?
please give more details. Which district court was it? Who were the defendants, how was it dismissed, etc...?
I hired a Lawyer to handle it.
you can go per se but my friends told me that it might not be taken seriously. The case was in the 6th district court and the judge set a hearing date (nov 7) then on october 31 he dismissed saying he does not have jurisdiction over the case.
He claims that congress has not set a time limit and he cannot set a time limit on the FBI.
i thought i will have a chance to express myself in court, apparently not.
Defendants were USCIS , CHERTOFf , CHAVEZ, FBI, DEPARTMENT OF HOMELAND SECURITY......
To be honest with you guys , i am not sure if the WOT does any good. Some people say it pushes the case forward so others say it pisses them off.
My Lawyer this morning wanted me to pursue it to the court of appeal for $10 000. i do not have that kind of money.
He is saying that the court of appeal will review the case in more details and something positive might come out if more people appeal their cases.
i decided not to do it because i beleive that my chances are really slim and its too much money.
WOT its you convincing the judge to fight the FBI.
Court of appeal you got to convince the judge to rule against another federal institution (FBI) and over rule a federal judge's decision.
what do you guys think ?
you can go per se but my friends told me that it might not be taken seriously. The case was in the 6th district court and the judge set a hearing date (nov 7) then on october 31 he dismissed saying he does not have jurisdiction over the case.
He claims that congress has not set a time limit and he cannot set a time limit on the FBI.
i thought i will have a chance to express myself in court, apparently not.
Defendants were USCIS , CHERTOFf , CHAVEZ, FBI, DEPARTMENT OF HOMELAND SECURITY......
To be honest with you guys , i am not sure if the WOT does any good. Some people say it pushes the case forward so others say it pisses them off.
My Lawyer this morning wanted me to pursue it to the court of appeal for $10 000. i do not have that kind of money.
He is saying that the court of appeal will review the case in more details and something positive might come out if more people appeal their cases.
i decided not to do it because i beleive that my chances are really slim and its too much money.
WOT its you convincing the judge to fight the FBI.
Court of appeal you got to convince the judge to rule against another federal institution (FBI) and over rule a federal judge's decision.
what do you guys think ?
Dear all,
I got the big news yesterday: my I485 has been approved and the notice was mailed !!!!
I feel like I lost 10 points in my blood pressure and fresh like Curt Shilling or A-Rod: I am now a free agent !!!!
All I can say, at least in my case, is that the WOM is what made it. We had filed at the end of July and I received a request for my 2nd FP in early September. My mandamus got to a district attorney with an answer due on October 14th. The TSC resisted and refused to expedite so the DA filed for a 30 day extension (until Nov 14th) by my lawyer told me yesterday that it had been approved. I am not sure, but maybe the fact that it is a Massachusetts DA helped.
Hold on and best of luck to all of you. Thank you for all the valuable information and experience exchanges. I will let you know when the GCs arrive.
Take care.
I got the big news yesterday: my I485 has been approved and the notice was mailed !!!!
I feel like I lost 10 points in my blood pressure and fresh like Curt Shilling or A-Rod: I am now a free agent !!!!
All I can say, at least in my case, is that the WOM is what made it. We had filed at the end of July and I received a request for my 2nd FP in early September. My mandamus got to a district attorney with an answer due on October 14th. The TSC resisted and refused to expedite so the DA filed for a 30 day extension (until Nov 14th) by my lawyer told me yesterday that it had been approved. I am not sure, but maybe the fact that it is a Massachusetts DA helped.
Hold on and best of luck to all of you. Thank you for all the valuable information and experience exchanges. I will let you know when the GCs arrive.
Take care.
I think we cannot make a general assumption about the WOM cases. I truly believe that mine is what made it. So I would say that important factors are the king of GC application (yours was family based vs. company sponsorship), and also very importantly the state. Some judges are known to take "anti-government" stances and you should try to do your best through your lawyer to figure out the names of the DA and the judge assigned to your case. Then dig into their past rulings and cases to figure out your chances.
Just my 2 cents...
Good luck to all,
karatekid
Just my 2 cents...
Good luck to all,
karatekid