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

Significance of the March 15th Date.

COURT ORDERS USCIS TO STOP REQUIRING FBI NAME CHECKS PRIOR TO FINISHING NATURALIZATION CASES

Wow. On the heels of a decision last week that resulted in USCIS agreeing to adjudicate adjustment applications pending more than 180 days even if an FBI name check is not complete, a federal district court in Pennsylvania has issued an order requiring USCIS to adjudicate four naturalization cases for long delayed applications and, more importantly, to revise its regulations to address delayed naturalization cases. USCIS will presumably appeal the decision, but this is something the agency cannot ignore without risk. Stay tuned. In the mean time, here is the case as well as some of the highlights from the ruling. Download natz_mandamus.pdf

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Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.

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This Court finds it problematic that the policy USCIS has adopted - to require not only a criminal background check, but a name check as well - was never subject to the notice and comment procedures of rule-making resulting in new regulations.

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The Court can only conclude that the USCIS policy to require name checks for all LPRs who want to become naturalized citizens, while undoubtedly well-intended, was a substantive change, which is having a “substantive adverse impact on [the Plaintiffs]”.

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The Court concludes that even if the USCIS regulations are facially valid, they present unacceptable situations to Plaintiffs, who have been waiting between 30 and 47 months for action on their naturalization applications, without any explanation other than “name check pending.”

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For all the above reasons, this Court finds USCIS’s requirement of the name check for Plaintiffs, and the delay in completing it, is “without observance of procedure required by law.” 5 U.S.C. § 706.

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Ruling in favor of Plaintiffs, but only setting deadlines for USCIS action on their naturalization applications, would be similar to dealing only with the risks posed by the tip of an iceberg, but ignoring the submerged dangers – here, the unreasonable delays that have occurred.

These delays are caused by USCIS relying on the inadequately authorized FBI name check program, without any transparency or explanation to Plaintiffs of why their applications have been pending for some 30 to 47 months.

Another apt metaphor is the screaming two-year-old child who can be quickly appeased by giving in to demands, but doing so frequently only causes more serious, long-term problems as the child grows older. The Court has determined that it is necessary and appropriate to require USCIS to address the delay by revising its regulations, which is accomplished by initiating the notice and comment rule-making procedure.

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The other problem with giving USCIS a deadline for action regarding these Plaintiffs is that such an order would have predictable but unfair results: USCIS would obtain expedited treatment from the FBI for these Plaintiffs, and other applicants would be placed behind Plaintiffs in line. This “squeaky wheel” solution only allows one applicant to “pass Go” at the expense of another applicant who will be moved several spaces backward (without notice). One reason for the Court requiring that USCIS institute a notice and comment procedure in order to continue the FBI name check program as to these Plaintiffs is to increase the transparency of the process. This does not require revealing confidential information or national security precautions. However, in doing so, USCIS should examine several issues, and some of these are mentioned in the Ombudsman Report:

1. Why is an FBI name check required for an LPR who has already undergone at least one and often two prior name checks?

2. Why is a check of the criminal background insufficient for an LPR who has already passed an FBI name check?

3. Should USCIS use risk management principles and consider the cost/benefit analysis of spending many millions of dollars for repetitive FBI name checks for all naturalization applicants, considering that the act of naturalizing an LPR itself neither increases nor decreases our national security?

4. Would Congressional hearings and increased appropriations for USCIS security procedures be appropriate?

5. How can more information about delay be provided to applicants whose name checks require more than the usual time to process?

6. Is the USCIS litigation strategy, as described in prior memoranda, appropriate, considering the costs and burdens it places on naturalization applicants and their families, the U.S. Attorney’s Offices and the many district court judges who have been faced with essentially identical issues?

7. Are the delays themselves dangerous to our security?

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The Court believes that a fair, albeit interim, resolution of these cases would be advanced if the following were to occur:

1. Within thirty (30) days USCIS shall provide to Plaintiffs or their counsel accurate reason(s) as to why their FBI name check has not been completed, but if appropriate, this information may be submitted to the Court in camera.

2. The Court will enjoin USCIS from using the FBI name check program as a factor in the decision making as to these Plaintiffs unless within thirty (30) days, USCIS has initiated a notice and comment procedure, pursuant to the APA, concerning its use of the FBI name check procedure.

3. The Court will require the parties to file a report no later than March 14, 2008, setting forth their position on these requirements. USCIS shall indicate, assuming it is prepared to initiate notice and comment procedures, how quickly they can be completed including adoption of new regulations. Plaintiffs may request other additional relief they should receive pending further administrative outcomes.

4. In view of the fact that the Court can retain jurisdiction over the remedial action being required, even if some or all of the present Plaintiffs’ petitions are adjudicated, the Court will lift the injunction against USCIS proceeding with the adjudication of the Plaintiffs’ naturalization petitions.

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AND NOW, this 8 day of February, 2 th 008, based on the foregoing Memorandum, it is hereby ORDERED as follows:

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6. Within thirty (30) days USCIS shall provide to Plaintiffs or their counsel accurate reason(s) as to why their FBI name check has not been completed, but if appropriate, this information may be submitted to the Court in camera.

7. USCIS is enjoined, pending further Order of Court, from using the FBI name check program as a factor in the decision making as to these Plaintiffs, unless within thirty (30) days, USCIS has initiated a notice and comment procedure, pursuant to the APA, concerning its use of the FBI name check procedure.

8. The parties shall file reports no later March 14, 2008 as to their positions on these requirements.

9. The Court will retain jurisdiction over these cases.

10. The Court will hold a hearing on March 18, 2008 at 10:00 a.m. in Courtroom 3A, at which time the Court will consider arguments and any evidence a party wishes to offer on these remedies, and any other remedies that may be appropriate. *****
 
More On The Memo

I called customer service sometimes in January inquiring about my 485 and received a letter last week with the usual BS

" we are actively working on this case, however we have to perform additional review................if you receive nothing in 6 months.... "

I called again on Feb 11 and today i received a letter dated Feb 15 saying " Your case is currently under review. You should receive a deicision or notice of other action within 60 days of the date of this letter"

So that would be mid april.
Patience guys, we have been waiting for so long few more months won't hurt.
 
question is how do we know that we're affected? I mean, how do I know that it's FBI namecheck, and not some other XXXXcheck?

Most of us have had communication with USCIS, either in person, or thru congressional reps. We generally know (a) if our fingerprints have been approved, and (b) when our name was submitted to FBI.
 
Most of us have had communication with USCIS, either in person, or thru congressional reps. We generally know (a) if our fingerprints have been approved, and (b) when our name was submitted to FBI.
Yeah, but what about the IBIS? I do know that my FP and biometrics are "done and good" and that i'm stuck in the name check, but how do i know that i'm not stuck in IBIS too?
 
Yeah, but what about the IBIS? I do know that my FP and biometrics are "done and good" and that i'm stuck in the name check, but how do i know that i'm not stuck in IBIS too?

Talk to IO - they are able to tell you IBIS and fingerprint check status.
 
I've been to Infopass. Like 3 times during last 2 years. On first one was told that security checks were cleared. On second learned that they are not cleared (and yes, they refused to give details). On third was told that my case is at TSC (these were real news to me) and I have to talk to them. Do you still wonder why i tend to think that it is useless? ;)
 
I've been to Infopass. Like 3 times during last 2 years. On first one was told that security checks were cleared. On second learned that they are not cleared (and yes, they refused to give details). On third was told that my case is at TSC (these were real news to me) and I have to talk to them. Do you still wonder why i tend to think that it is useless? ;)
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I agree with michvin, at least based on my experience - the InfoPass thing was a complete and utter waste of time and effort. I swear that they all seem to act in collusion and do absolutely nothing that requires brain cell...they just read you off what's on your portfolio within the USCIS website (I mean, how many of us here are unable to read that on our own?)

First you call the 800#, then they somehow mislead you into believing that an InfoPass will help you get better and clearer answers, then you show up there (after getting time off your job, incurring mileage, paying for parking, etc), and NOTHING new comes out of there. I am not sure if this is also the luck of the draw and some people do get to speak with someone who knows what they are doing and are willing to look into things. The IO I spoke to during the InfoPass falt out asked me..."So, do you expect ME to do something about your case being delayed for over 20 months?":eek::confused:
 
I agree about the info pass.
I have been to 5 info passes in the last 4 years since my interview.
First I got Case is under review....... then I got all checks seems to be clear case is under "additional review"... then I got some checks are pending.......maybe employment checks.......and the last one was the best
. I went in and IO tells me your case is pending.....I told him That is the exact reason I am here. All I can say is your case is pending. I asked him why? He says they have not made up thier mind yet and I cannot do anything about it. I told him this the information I get online , why should I come here. he say I have all the information how you came when you came .
I just left as there was no point arguing with a person who told me If I have my "FP again I will have to go through Name check again"
That was mu cue as he didnt know Crap.
Though i filled up a form of enquiry ........
Dont know if that is going to help.
 
I agree about the info pass.
I have been to 5 info passes in the last 4 years since my interview.
First I got Case is under review....... then I got all checks seems to be clear case is under "additional review"... then I got some checks are pending.......maybe employment checks.......and the last one was the best
. I went in and IO tells me your case is pending.....I told him That is the exact reason I am here. All I can say is your case is pending. I asked him why? He says they have not made up thier mind yet and I cannot do anything about it. I told him this the information I get online , why should I come here. he say I have all the information how you came when you came .
I just left as there was no point arguing with a person who told me If I have my "FP again I will have to go through Name check again"
That was mu cue as he didnt know Crap.
Though i filled up a form of enquiry ........
Dont know if that is going to help.

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And the funny thing about all this is that somehow either they are tricked into believing that they are there to serve their "customers" (i.e., all of us) or they think they can trick us into believing that.

It makes me think how friggin' awful would be to be working there dealing with so many angry and frustrated people incessantly calling them and not knowing jack-sh*t about what they are doing or how they are supposed to respond to all their valued customers. On the other hand, I guess sometimes it would also be a pretty awesome gig where you can say whatever you want and however you want to say it because no one is held accountable after all. Either way, we are all paying the price.

By they way, how about those quality/customer satisfaction surveys slips that they make you fill out after their crappy service...the guy who just took your case and/or your fingerprint is right there in your face while you are filling this out...sure, no pressure, just be honest so they can improve their services.;)
 
Here is My Detail

Friends

06/11/2008 Card ordered e mail received

06/12/2008 Welcome notice E mail Received

Green card sent email: Pending

Green card received actual date: pending


Friends in last one month I called TSC many times. This is true that as of this date my name check is still pending. So February memo is working???

They have given different responses on different times. Sometimes they told me that I have to wait till Feb. 2009

Some times I came to know that my case has been assigned to an officer and some time they told me it’s still waiting to be assigned to an officer??

I have soft LUD on 03/25 03/26 and 03/27 without any change in message

Two service request were issued in my case

Every time I called IO they told me that although your Name Check is pending but you do qualify for approval less than 180 days rule.

I have referred my case to a senator and she was aggressively following up my case.

I got approval e mail on 06/11/2008 at 4.30pm and I was in post office between 3.30 pm to 4.30pm for mailing letters to different official as I mentioned in my previous message I spent $ 25 on those letters had I known this that the movement I am sending letters My green card has already been approved I would not have sent letters and would have saved $ 25

Well I strongly believe that these congressman and senators have to power to do something for you if your case is beyond the normal processing time.

I am from PAKISTAN EB3/ PD JUNE 22, 2002. I-140 AD 09/11/2007 PP
I-485 LUD on 03/25 03/26 03/27 and Name check still pending

If you have any other question please let me know

Tanveer
 
Please help!

I did fingerprint for I-485 and I-765 in November,08 and i got my work permit card after that 1 month.Can anyone tell me if i got my work permit like that means my name check clear?From fingerprint,i have never received any letters or anything from FBI and USCIS yet.Please help!
 
I did fingerprint for I-485 and I-765 in November,08 and i got my work permit card after that 1 month.Can anyone tell me if i got my work permit like that means my name check clear?From fingerprint,i have never received any letters or anything from FBI and USCIS yet.Please help!

Name check not clear yet. You will not receive any letters from the FBI or USCIS. It is an internal process. When they approve and send your GC, you will know it's done-:D
 
hey how is name check done i as arested once but was not fingerprinted so will the fbi have my name
 
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