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

Daniel Huang has posted it on the Yahoo namecheck group. This bill was introduced to the Senate on Mar 7. I'm sure everybody, who stuck in the namecheck, will stronglysupport it.

Thanks -me-

Thanks for the information!! If passed, this bill would be very helpful for all of us stuck in the namecheck process. This bill clearly establishes much better standards on the namecheck process (see page 10 of the document).
 
This message is for Ginnu & Experts,

I filed my I-485 at VSC in Feb'2006. My case is still pending because of Name check delays.
I contacted local senator and got response from FBI saying that my name check got initiated in Feb'2006 and got cleared in Mar'2006. However I got a different response from local congressman saying that my name check has been initiated in Mar'2006 and June'2006 and the status is pending.
Can anyone know if USCIS submits multiple name check requests?
I'm confused. Experts please advise.

thanks in advance.
 

I can not understand how they do get away with such a blatant LIE:

In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months.

There is TON of publicaly available data. Heck, one can just scan all the case numbers for AOS applications.

Only half is resolved in six months. rest are delayed due to namecheck.
 
I dont what to make of this.
I was interviewed in OCt 2004. Officer said something about the back ground check.
I waited and waited and was told in an infopass that my name check was cleared Later when my Pd became current they told me my emplyment check was pending,
Then out of the blue I recd the the 3rd FP request. Code 1 in december of 2006. I thought this was it.
Then to an enquiry made in end November the local office replied in jan that certain checks were still pending.
I was always under the impression that FP were asked when the case was adjudication ready. Ihad also applied for EAD renewal for which I did Biometerics seperately.
If my case was still in back ground check why did the officer tell me it was cleared and this was not even asked for she told me on her own.
Also if there were pending checks why did they ask for my FP's.
I am really confused ........
Any comments ideas or any one in similar situation
 
I got my second fingerprinting done a month ago. How long does it take for the results to come back after the fingerprinting?

thanks
 
You are the applicant

That's BS. Don't take that BS from them. For the adjustment of status your employer is no longer named. They are the applicants in the I-140, petition for a worker. Once the petition is approved the adjustment of status is applied in your name. The employer does not sign it.

SM

Hi:

My I-485 has been stuck in name check for 2.5 years.

I wrote a letter to my local congressman for help, but he replied me with a letter basically saying he can't make an inquiry into my I-485 because I am the beneficiary, and not the applicant. Is that true?

Appreciate any advice.

This is the letter:

Dear xxx:

Thank you for contacting me regarding the pending FBI name check for an I-485 application for which you are the beneficiary.

Please be advised that my office does not act on requests made by "beneficiaries". Only an appliciant or petitioner may initiate an inquiry with my office. That individual or entity must sign a privacy release form giving my office permission to contact an agency on their behalf. The information we obtain from an agency will only be provided to the applicant or petitioner (and not the beneficiary). Furthermore, my office may not discuss an agency response with third parties or beneficiaries. It is the responsibility of the petitioner to share information as they deem appropriate.

If the petitioner wishes to contact my office to initiate an inquiry, my contact information is:

xxx
 
I think by "benficiary" they mean he/she is not the "PRIMARY APPLICANT"
and is either the spouse or child of the Primary applicant
 
Am I the worst case?

Am I the worst case having been stuck in name check since March '04 (a little over three years) ?
 
Am I the worst case having been stuck in name check since March '04 (a little over three years) ?



we are stuck since March 2003 .Anyone even before this??.I talked to my lawyer about mandamus but I guess its no more an option now or Is It?
 
RFE on 485 2.5 years after interview

I applied for my i-485 in April 2004 , interviewed in Aug 2004 . Approved but pending name check. Since then i have not heard anything regarding my application excpet that pending name checks .. 2005 passed .. 2006 passed.. and now i got an RFE to submit proof of relationship from after the date of interview to current day .. the same kind of documents we took to our interview .. It also says they will send a notice to retake fingerprints since they are expired from when i first took them.

My question does this mean name check is clear and they finally moving with the process of adjudication (or) is it just that they regather information after certain amount of time ? Anyone with similar expeience please post or what you think.
 
wom question

Folks please help

I am trying to file a WOM Pro Se

What is the exhibit I should use for this statement below?

"Plaintiff learned that USCIS is notorious in delay granting of I-485 due to a delayed FBI name check. And one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Attached hereto as Exhibit X."

Thanks.
 
Folks please help

I am trying to file a WOM Pro Se

What is the exhibit I should use for this statement below?

"Plaintiff learned that USCIS is notorious in delay granting of I-485 due to a delayed FBI name check. And one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Attached hereto as Exhibit X."

Thanks.
Sarasota,
This might be disappointing, but on Feb 20, USCIS released a memo stating that pending litigation would not automatically cause them to request expeditious name check processing from the FBI. Unfortunately this negates the argument that a WOM is one of the only ways that an FBI Name Check would be expedited. Ergo, this negates the potential exhibit.
Now, I don't know WOM specifics (stuck in name check myself since April 2006), but you might be able to put forth the argument that USCIS has in the past (recent past) requested the FBI to expedite name checks based on a WOM.
Here's a copy of the memo dated Feb 20. I hope other folks can offer further insight.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

The wording is interesting, since they say WOM is not the "only" reason...well I can read it as if its not the sole reason, then it could be "a" reason....so I'd use this as well.
Good luck!
 
I applied for my i-485 in April 2004 , interviewed in Aug 2004 . Approved but pending name check. Since then i have not heard anything regarding my application excpet that pending name checks .. 2005 passed .. 2006 passed.. and now i got an RFE to submit proof of relationship from after the date of interview to current day .. the same kind of documents we took to our interview .. It also says they will send a notice to retake fingerprints since they are expired from when i first took them.

My question does this mean name check is clear and they finally moving with the process of adjudication (or) is it just that they regather information after certain amount of time ? Anyone with similar expeience please post or what you think.

I didn't get an RFE but I did get a fingerprinting notice. I submitted my fingerprints and then there was silence.... So I sent a letter to the DAO handling my case and she replied saying that she has the results but the name check is pending. So basically back in limbo! Actually initially I was informed that they will call me for an interview but I guess she didnt realize at that time that my name check was pending.
 
Stuck in BC since Sept 06.

I had an infopass today and was told that my BC is still pending. It has been more 6 months as it was initiated on Sept 08, i.e. a week after 485 ND.

I was also told that this BC is separate form the BC that Department of State performs to issue a visa. There is no dependency.

I hope that it will be cleared soon.
 
I applied for my i-485 in April 2004 , interviewed in Aug 2004 . Approved but pending name check. Since then i have not heard anything regarding my application excpet that pending name checks .. 2005 passed .. 2006 passed.. and now i got an RFE to submit proof of relationship from after the date of interview to current day .. the same kind of documents we took to our interview .. It also says they will send a notice to retake fingerprints since they are expired from when i first took them.

My question does this mean name check is clear and they finally moving with the process of adjudication (or) is it just that they regather information after certain amount of time ? Anyone with similar expeience please post or what you think.


It may be good news, maybe they looked at your file after your NC was done, - why else to ask for evidence and fresh FP? - I also received another FP notice while NC pending after interview, and then was approved after approx 1 month after FP done...
 
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