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

[compass]

Compass, I met a guy through a common friend and he has been stuck in Name Check since Nov 2002. I am losing hope in this.

oh_god_why_me,
Can you find out, if PD of your friend is current?

 

[retrohatao]

Buzzhd,
Praying is a default for anything related to USCIS. Please do not count the defaults and let us know if you have any other options for us to try.

Stinger,
Is yours going to be current soon too?

 

[DesiInDC]

FBI Name check cleared

Several months ago, I'd requested my Senator's office to follow-up on my FBI name check. It was total silence until Friday last week - I had a voicemail from the Senator's office informing me that my name check had been cleared. So there is hope my friends - do hang in there..I've just applied for my 3rd EAD and AP. Waiting to see what the months ahead hold in store..

Priority Date: March 15, 2001
EB3 India
140/485/EAD/AP; ND: 5/20/2004
140 AD: 12/7/2004

 

[buzzhd]

Several months ago, I'd requested my Senator's office to follow-up on my FBI name check. It was total silence until Friday last week - I had a voicemail from the Senator's office informing me that my name check had been cleared. So there is hope my friends - do hang in there..I've just applied for my 3rd EAD and AP. Waiting to see what the months ahead hold in store..

Priority Date: March 15, 2001
EB3 India
140/485/EAD/AP; ND: 5/20/2004
140 AD: 12/7/2004

finally broke the silence... congrats on your clear of NC!

 

[khanhammad]

GC got approved Feb 9th and got my card in my hand today........

================================================== =============
NAME-----------NC Initiated Date----NC Cleared---- I485 Approval
================================================== =============
NAMABER ---------------18-MAY-02--------
dima66a----------------27-Dec-02-----23-Jun-05---------9/03/2005
FavorOfGod----------------Dec-02--------Jun-05
XYZ-----------------------Dec-02--------Jun-05
Tomcat74------------------Dec-02-----12-Aug-05
khanhammad----------------Jan-03-----07-Dec-05--------2/09/2006
steveva2001---------------Feb-03--------
slt-----------------------Mar-03--------
Barney_hi-----------------Mar-03--------Oct-05
pharmboy------------------Apr-03--------
gegemon-------------------Apr-03--------
getnkk--------------------May-03--------
Mayseventh2003------------May-03--------
MD_Rockville--------------Jul-03--------
kevinwushao---------------Jul-03--------Jun-05
LCSilence-----------------Jul-03--------
PHSESAaug-----------------Aug-03--------
Srisss -------------------Aug-03--------May-05
candie--------------------Sep-03--------
walt1891------------------Sep-03--------
mmz-----------------------Sep-03--------
Compass-------------------Oct-03--------
wait789 ------------------Oct-03--------
Inlineforgc_03------------Oct-03--------
MD_Germantown-------------Oct-03--------Jul-05
15th_year_in_US-----------Oct-03--------
BoFromUkr-----------------Oct-03--------
oh_god_why_me-------------Oct-03------
Belle2?-------------------Nov-03--------
VP2003--------------------Nov-03--------
Belle---------------------Dec-03--------
benbenr-------------------Dec-03--------
mila2006------------------Dec-03-------
mgzh----------------------Jan-04--------
Hidden_Man----------------Mar-04--------
Shrek---------------------Mar-04--------unknown-----09Feb06
GCCrak--------------------Mar-04--------
eternal_labor----------04-Mar-04--------
ishturkish----------------Mar-04---------
fbi_name_check---------30-Mar-04--------
stats---------------------Apr-04--------
wildthing-----------------Apr-04--------
Spam70------------------Apr-04
my485_04---------------13-May-04--------
nandpc-----------------19-May-04--------
Quizfan-------------------Jun-04--------Jul-05--------08/29/05
heha----------------------Jun-04--------
Malgi---------------------Jul-04--------
Wang2Mazi-----------------Jul-04--------
pd012---------------------Jul-04--------
Outletvolt1---------------Aug-04--------
gcva----------------------Sep-04--------
romit---------------------Sep-04--------
ultraraj------------------Sep-04--------
sd70----------------------Sep-04--------
gwang---------------------Dec-04--------
joshi343------------------Dec-04--------
ninehead------------------Dec-04--------
shareef_aadmi-------------Dec-04--------
aukumar------------------ Jan-05--------
Timaeuti------------------Jan-05--------
pbkreddy --------------09-Feb-05--------
Contact00007--------------Feb-05--------
Anil007dc-----------------Feb-05--------
EB1UB------------------15-Mar-05--------
RealSuperK----------------Mar-05--------
light3222004--------------Mar-05--------
stinger-------------------Apr-05--------
sunjoshi------------------Apr-05--------
mailgc2001----------------May-05--------
MYGC_APRIL----------------May-05--------
happy4you-----------------Jun-05--------
Madss---------------------??????--------
Steve31415----------------Jul-05--------Sep-05 (I-485 Dec-02)
al_aos--------------------??????--------late 2005
Pinturicchio-------------22OCT05-------late Jan 06------01/31/06
buzzhd--------------------Dec-02-----------

 

[oh_god_why_me]

Compass I could not get in touch with the guy. I think his is marriage based so he has no PD. He is stuck from Nov 2002 he said. His e-mail address is ononto_us@yahoo.com.

 

[compass]

Compass I could not get in touch with the guy. I think his is marriage based so he has no PD. He is stuck from Nov 2002 he said. His e-mail address is ononto_us@yahoo.com.

Oh my God... too bad.... I think marriage based all have 'current' PD.... and actually, I even thought for some reason that they are processed faster than employment-based.... so this is sad information for us...

 

[buzzhd]

that's another story. But hey NC process is always a bad guy dragging ppl for forever whenever it's a family based or employment based immigration...

 

[vikas1866]

Stuck in name check

Please add one more sufferer of name (security) check process.
I wrote to FBI (NNCP) through email twice, no reply came through.
On FOIA too no response. My wife did get a reply on FOIA though.

My details are as follows.
EB1 category
Concurrent filling at VSC
I-140
Priority Date April 27 2004
Receipt Date May 5 2004
Approved Date March 11, 2005

First Biometrics on April 6 2005

I485
Received Date April 28, 2004
Notice Date May 5, 2004

Reason for delay: Security check

Good luck
Vikas

 

[tangohi]

Can we file a class action against USCIS due to security delays?

 

[kamma]

Can somebody give more details how much it cost, time etc. to file a class action law-suit, any negative impact etc.

 

[GreenCardVirus]

Can somebody give more details how much it cost, time etc. to file a class action law-suit, any negative impact etc.

It might take 1+ years to reach a point when you can win a case. For a case to be certified as class action takes 6 months.

Cost: More than 300,000 (you are reading correctly, three hundred thousands)

Negative Impact: None, you loose the money and time if you dont win.

 

[tangohi]

So I guess the only way to go is writ of mandamus. I have contacted the senator, congressman, been to the local office numerous times and have received No records to FOIA. I filed 130 and 485 in local office, interviewed in May 2005 and per my knowledge NC initiated in July 2005. I paln ot file a writ of mandamus. Is this sufficent grounds to file writ or I need to show other evidence that I have done all I could to get this matter sorted without litigation. My wife has a job in Chicago and we may have to move by end of June. I want to get this resolved before then.
How many days before June 30 should I file the writ and how long will it take for them to make a decision.
Any one knows of a lawyer in St Louis who is good at this.

 

[buzzhd]

So I guess the only way to go is writ of mandamus. I have contacted the senator, congressman, been to the local office numerous times and have received No records to FOIA. I filed 130 and 485 in local office, interviewed in May 2005 and per my knowledge NC initiated in July 2005. I paln ot file a writ of mandamus. Is this sufficent grounds to file writ or I need to show other evidence that I have done all I could to get this matter sorted without litigation. My wife has a job in Chicago and we may have to move by end of June. I want to get this resolved before then.
How many days before June 30 should I file the writ and how long will it take for them to make a decision.
Any one knows of a lawyer in St Louis who is good at this.

man, you're so anxious. NC was initiated in July 2005, just 7 months. If you have been reading the threads @ this forum recently, you should get an idea that some folks have been waiting for NC for more than 3 or 4 years and they are still waiting...

Personally I don't think the law suit will get you any advantages over those who choose not to. The best way to do is through the normal procedure including senators, congressman, lawyer if any or numerous trips to local office thru infopass etc. Just my 2 cents.

 

[tangohi]

Hi buzzhd,
Thanks for your suggestion . Sorry I disagree.
Yes I am anxious as I do not intend to become a statistic like others. If I wait and wait it will be two and three years and who knows what will happen later on. They may tomorrow decide to impose a PD on spouses. Who knows . This delay may well stretch in eternity and by July it will be one year of NC pending which I think is more than enough time. Those who have been waiting for three or four year have an option of filing a writ of mandamus and if they chose not to that is their decision. Moreover this is not a first in first out process. If you read the forum some people have gotten their NC cleared in one year whole others have been waiting for three years. My filing a writ is not harming anyone. I am seeking a benefit for myself. Those who are waiting are not going to be affected and they are not going to tell me that others have been waiting for three years. If you read other posts you will realize that this is an administrative problem/ red tape in other words and the NC division is a mess. Writ is a way make them act do their job. I thinks those who have been waiting for three four years should take legal action.

The sooner I get a decision the better in my opinion. I can then move on with my life whatever the outcome in that case.

Numerous trips to local office yields nothing. they show me a sheet that NC is pending. As far as lawyer I surely do have one but he has no idea of what to do. Senators and congressman are useless. I have tried them. I am looking for suggestions as to what is a reasonable time of waiting and reasonable effort in my scenario.

 

[BoFromUkr]

My attorney called Attorney General's office yesterday and had a lengthy conversation with them. According to Attorney General the delays with namechecks are due to the fact that in some cases FBI inquires with the authorities in a home country of the applicant and until FBI hears something back the case stays in limbo. Thus, the turnaround of the delayed namecheck depends on the authorities of our home countries.
Has anyone else heard of this theory/process?

 

[paul109]

Guys, need help:Need help, GC Interview and delay beacuse of Security Check

Hi Guys, need help as I am very confused.

My USC wife and I went for Green Card interview in Newark office on the Feb.14,2006. Interview was good. In the end Officer told me that everything is good but my Security Check is not cleared. He also said that he got my Criminal Record check which is cleared. He gave us a form I-72 stating like follows:

" Your case is being held for due to a fingerprint / or security check that is required prior to adjustment of status. please allow us additional 180 from todays date."

I went for my finger print appointment in November, 2005.

Question: What kind of Security check is he talking about as he said Criminal check is cleared?

Question: How long does this kind of Security check take?

Question: When should I contact them, after how long?

Question: If I do not get any response, what options do I have?

I met three more people in NewArk office on the same day, were told the same thing. Please respond. I am very confused, do not what to do?

Thanks, in advance.

Regards, Paul

 

[buzzhd]

My attorney called Attorney General's office yesterday and had a lengthy conversation with them. According to Attorney General the delays with namechecks are due to the fact that in some cases FBI inquires with the authorities in a home country of the applicant and until FBI hears something back the case stays in limbo. Thus, the turnaround of the delayed namecheck depends on the authorities of our home countries.
Has anyone else heard of this theory/process?

that's just another excuse to cover their A**

 

[buzzhd]

Hi buzzhd,
Thanks for your suggestion . Sorry I disagree.
Yes I am anxious as I do not intend to become a statistic like others. If I wait and wait it will be two and three years and who knows what will happen later on. They may tomorrow decide to impose a PD on spouses. Who knows . This delay may well stretch in eternity and by July it will be one year of NC pending which I think is more than enough time. Those who have been waiting for three or four year have an option of filing a writ of mandamus and if they chose not to that is their decision. Moreover this is not a first in first out process. If you read the forum some people have gotten their NC cleared in one year whole others have been waiting for three years. My filing a writ is not harming anyone. I am seeking a benefit for myself. Those who are waiting are not going to be affected and they are not going to tell me that others have been waiting for three years. If you read other posts you will realize that this is an administrative problem/ red tape in other words and the NC division is a mess. Writ is a way make them act do their job. I thinks those who have been waiting for three four years should take legal action.

The sooner I get a decision the better in my opinion. I can then move on with my life whatever the outcome in that case.

Numerous trips to local office yields nothing. they show me a sheet that NC is pending. As far as lawyer I surely do have one but he has no idea of what to do. Senators and congressman are useless. I have tried them. I am looking for suggestions as to what is a reasonable time of waiting and reasonable effort in my scenario.

I certainly agree with you... but I don't know if it's worthwhile to do that as someone said earlier the case may take years to be heard before the judge not considering the fact that how much efforts you have spent the case and the money involved of course. You will never know during that period of time you may already get your NC cleared, hopefully

Don't get me wrong: I am the victim here too because I have been waiting for NC for more than 3 years and I choose not to because I think this is something we really can't control. I don't know if law suit will help me get NC cleared anytime soon.

 

[BoFromUkr]

Question1: What kind of Security check is he talking about as he said Criminal check is cleared?

Question2: How long does this kind of Security check take?

Question3: When should I contact them, after how long?

Question4: If I do not get any response, what options do I have?

Q1: Criminal check (fingerprints) is to check for arrests, convictions, etc. Security check (namecheck) is more of a 'terrorist' check - nobody really knows how it's done. Essentially, FBI runs your name against the database of the known criminals, suspected terrorists, etc., if your name is similar or the same as one of the people in the database then it's a 'hit' & requires a 'manual' review, which often requires a review of the paper documents, thus takes a long time. Again, nobody really knows exactly what they check for. Two reliable sources told me that security check is often performed outside the US - I do not know if this is true though!

Q2: Most of the people will have their namecheck finished within 3 months of the initiation. The majority of the people waiting over 3 month will get it cleared within one year. The selected few are stuck in it for 2/3+ years...

Q3: If you live close to your USCIS office feel free to make InfoPass appointment and drop in there every month to every 3 months. Sometimes USCIS is not willing to give out too much information though. The second option is to reach out to your local congressman or even a senator. They can inquiry with USCIS & FBI every 3 month and call you with an update on the case. You can also email to FBI yourself to inquire about the case, but it will take them around 6 months to reply.

Q4: You really do not have that many options if your case is stuck (it's impossible to tell whether your case is 'truly' stuck yet). However, if you do wait for over a year from the interview date (AoS), you might want to explore the option of mandamus lawsuit. Some people had tremendous success with it. That's pretty much it….