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

Kartoshkin said:
I am wondering if waiting more than 3 years alone gives you a sufficient ground to sue them. I am getting close to the 3 year mark myself and thinking of suing too, but I'm not sure my motives would be convincing to them. I don't have a family here, I don't have to travel, no sick relatives abroad... Yes, my freedom is very limited, but that's still an efemeral notion. :confused:
Click to expand...


What motive do they need other than your endless(and hopeless) waiting?
When i hear that it's taking 3+ years for name check and it's taking 10 years to get employement based GC, I feel a huge pain in my body at an unknown place.
I have been waiting for almost six years and now i am stuck in NC. No wonder it sucks big time.
 
NYImmigrant said:
Hi Guys,

My 485 RD is July 2003. Still stuck in the dreaded name check. Followed up with the USCIS, Senator and Congressman. Finally got a senators reply saying "Pending Security Clearance". I hope the senator inquires now with FBI.

I will give till end of the year for the name check to clear, if not, I file WOM. Let's see. I think I have a very strong case + a letter from USCIS dated early july 2006 that my background check is pending.

Contemplating whether to hire a lawyer or go pro se. Any advice ?
Click to expand...

Many are filing themself. But Once I am close to 2years, I would definitley hire a lawyer and file WOM(unless he is charging rediculous amount). So it depends.
 
NYImmigrant said:
Hi Guys,

My 485 RD is July 2003. Still stuck in the dreaded name check. Followed up with the USCIS, Senator and Congressman. Finally got a senators reply saying "Pending Security Clearance". I hope the senator inquires now with FBI.

I will give till end of the year for the name check to clear, if not, I file WOM. Let's see. I think I have a very strong case + a letter from USCIS dated early july 2006 that my background check is pending.

Contemplating whether to hire a lawyer or go pro se. Any advice ?
Click to expand...

Depends on your financial situation... I was thinking of filing WOM myself, because there is a lot of info on this forum and you can figure out how to do it.
Well I was lucky and got NC cleared before I did file WOM... :)
Filing yourself as per this forum posts is approx $ 300-350 in fees; filing through lawyer - add $ 2+ K....(I think I saw 2K, 3K 5K lawyer fees posted somewhere...)
 
Hi, I received a biometric appointment letter in August 2006k, i went there and I still waiting in Hartford. Does this mean that I can hope that the NC is cleared? Or do they just proactively take the biometrics regardless of the NC? Any thoughts? I ve been waiting since Jul/2003. Last letter I sent was Obusman in DC telling the same bull.

anyone knows a lawyer for lawsuit in CT
 
Colonel,

I feel so sorry for your situation. Hope you get the NC cleared asap and no one in this forum would have to wait that long to get the NC cleared.

To answer your question that may not be true. I remember reading poeple who got RFE or FP notice, still in the name check BS.


Thanks
 
rollingstone said:
Looks like USCIS is retaliating against people who file lawsuit:

http://www.immigrationportal.com/showpost.php?p=1553569&postcount=6702

Keep in mind this person is already a greencard holder, and applying for citizenship.
Click to expand...

he is a greencard holder, but not his wife. they are both in GC process. he just got his card sooner.
IMHO, i don't think USCIS is smart enough to systematically retaliate against WOM filers.
 
Belle,

I think you are right. I spoke to few very good CSR's at NSC regarding my case, all they see in their computer about name check is "Pending" or "Approved"(may be Denied).


Thanks
 
1 year wait should be enough

Kartoshkin said:
I am wondering if waiting more than 3 years alone gives you a sufficient ground to sue them. I am getting close to the 3 year mark myself and thinking of suing too, but I'm not sure my motives would be convincing to them. I don't have a family here, I don't have to travel, no sick relatives abroad... Yes, my freedom is very limited, but that's still an efemeral notion. :confused:
Click to expand...

If you look at Citizenship cases - it looks like 6 months is a reasonable time {1447(b)}....but if we assume time to get the interview from 1-3 months.....

I think a wait of 1 year should be enough - It gives FBI enough time to clear the namecheck...

Anything more than 1 year - I guess is good enough reason to file WOM lawsuit
 
I guess the only time when FBI can say that they need more than 1 year - is if they admit that they have a backlog....of 2 years or so...FBI has never admitted to backlog...It just says it needs more time/resources to investigate...

1 year - 365 days is enough to investiagate a case....anything more is just outrageous...

Look at xu111,GED69 who filed within 1 year or so....succesfully!
 
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santa4u said:
I guess the only time when FBI can say that they need more than 1 year - is if they admit that they have a backlog....of 2 years or so...FBI has never admitted to backlog...It just says it needs more time/resources to investigate...

1 year - 365 days is enough to investiagate a case....anything more is just outrageous...

Look at xu111,GED69 who filed within 1 year or so....succesfully!
Click to expand...

Lets look at the numbers
For FY 2004 FBI recieved 3,884,467 incoming name checks (http://www.fbi.gov/hq/nationalnamecheck.htm)
In order to run efficiently (ie without backlogs) FBI should clear ~15000 checks per business day. Lets say that one check takes 1 hour to complete.
Then one officer can clear 8 checks per day. Therefore FBI should have 1900 officers working on Name Checks.
They definitely don't have so many people working in NNCP (I read somewhere that they have only 10 (ten) people, but I refuse to believe it)

Hence: they have a backlog... no, they have a BACKLOG!!!!

about 1 hour to complete: "The majority of the batch names are electronically returned as “no record” with 48-72 hours." - so I guess it's fair assumption
 
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They surely have a backlog...I know that!
I personally feel that they have a backlog of 2 years! Look at it, so many folks - are consistently coming out at the break of 2 years wait!

What is apalling is FBI has such a huge backlog - why not admit it?
Why not make it public and stop keeping people in the dark!

Obviously, they won't admit it....Because if they admit it...we will start demanding to reduce the backlog......we will question as to what's being done to eliminate the 2 year backlog! Next thing, U know FBI will be under pressure...

Instead, they are just happy keeping everybody in the dark and having it their way - under the name of 'National Security'

Hee Hee Hee
 
Yep. They are practically lieing. USCIS says they do not have control
over it but now FBI is saying only USCIS can expidite it(via assigning
higher priority).

They keep this process in the dark because it's not First come
First served and if they open how they order their backlog
there will be huge political problems!


santa4u said:
They surely have a backlog...I know that!
I personally feel that they have a backlog of 2 years! Look at it, so many folks - are consistently coming out at the break of 2 years wait!

What is apalling is FBI has such a huge backlog - why not admit it?
Why not make it public and stop keeping people in the dark!

Obviously, they won't admit it....Because if they admit it...we will start demanding to reduce the backlog......we will question as to what's being done to eliminate the 2 year backlog! Next thing, U know FBI will be under pressure...

Instead, they are just happy keeping everybody in the dark and having it their way - under the name of 'National Security'

Hee Hee Hee
Click to expand...
 
fdfd said:
Yep. They are practically lieing. USCIS says they do not have control
over it but now FBI is saying only USCIS can expidite it(via assigning
higher priority).

They keep this process in the dark because it's not First come
First served and if they open how they order their backlog
there will be huge political problems!
Click to expand...
If USCIS asks to expedite/assign higher priority, FBI gets more money.
FBI delays cases, USCIS gets money for EADs/APs, FBI wants his share...
The secret of delay.
 
Stuck in name check backlog elimination center

Hi Guys,
my Priority date is 12/21/2000 and EB3. so I applied for my I-485 in Feb 2006 and I got
finger prints on 8/16/2006 and the LUD is 8/17/2006. so I think my case is stuck in name check
for the past 3 months. So I called the FBI no and they said that name check is pending with
Washington DC backlog center and it may take like 1 or 2 years.
I know for people who apply 485 without the priority date(in case of concurrent filing), their name checks
are transferred to this backlog center. but my case is I have the priority date and I dont
know why they have sent my name check to Washington DC backlog center.
so any suggestions and any ideas as to what should I do to speed my process for name check.
thanks
Krishna M<
 
Great. A Name Check Backlog Elimination Center. I just came out of the
Philadelphia Backlog Elimination Center. Took me almost three years.


hmattaparti said:
Hi Guys,
my Priority date is 12/21/2000 and EB3. so I applied for my I-485 in Feb 2006 and I got
finger prints on 8/16/2006 and the LUD is 8/17/2006. so I think my case is stuck in name check
for the past 3 months. So I called the FBI no and they said that name check is pending with
Washington DC backlog center and it may take like 1 or 2 years.
I know for people who apply 485 without the priority date(in case of concurrent filing), their name checks
are transferred to this backlog center. but my case is I have the priority date and I dont
know why they have sent my name check to Washington DC backlog center.
so any suggestions and any ideas as to what should I do to speed my process for name check.
thanks
Krishna M<
Click to expand...
 
hmattaparti said:
Hi Guys,
my Priority date is 12/21/2000 and EB3. so I applied for my I-485 in Feb 2006 and I got
finger prints on 8/16/2006 and the LUD is 8/17/2006. so I think my case is stuck in name check
for the past 3 months. So I called the FBI no and they said that name check is pending with
Washington DC backlog center and it may take like 1 or 2 years.
I know for people who apply 485 without the priority date(in case of concurrent filing), their name checks
are transferred to this backlog center. but my case is I have the priority date and I dont
know why they have sent my name check to Washington DC backlog center.
so any suggestions and any ideas as to what should I do to speed my process for name check.
thanks
Krishna M<
Click to expand...

Not sure if there is anything other than filing WOM to speed up the NC process. Many have contacted Senators and Congressman and most of them got back with the status("Pending").
I filled 485 in the first week of March 2006 and FBI got it on March 6th(according to NSC CSR) but still waiting. PD AND Processing dates are current. I will file WOM on the eve of first annivarsary(if i don't do it know, i anyway have to do it after three years).
 
Nc

if cases are stuck 1-2 years in the name check, how come USCIS claims i485 processing dates of Aug05 (VSC) and Mar06 (others). Also, the recent USCIS memo indicated that the new method of projecting processing dates are reflective of the USCIS targets based on when they can approve cases.

What is the relation between the two.
 
How to check if/when Namecheck was initiated?

Hi all,
How do you check when Namecheck was initiated by USCIS. I'm at NSC, 140+485 filing date Jan 04. Last I checked status, they said Background Check process is pending. But they never mentioned when it was actually sent to the FBI or if FBI has really received it.

How do I find this info?

Your input would be much appreciated!
Thanks,
-Sri
 
Sri,

When they tell you your name check/security check is pending, you can ask them right back when did you send my information to FBI. They should be able to tell you the same.
They usually forward the information to FBI as soon as we apply for 485 so it should very close to your 485 RD.

Thanks
DBU
 
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