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

I think it should be considered "stuck" after 6 months. I'm waiting 19.5 months. Will likely go for WOM if not approved in the next 4 months.

Unfortunately, we've been forced into a position that's well-described by a lawyer in this letter ( http://www.ilw.com/immigdaily/digest/2007,1205.shtm ) -

"The same system that created the Name Check backlog offers a remedy through the courts. My advice, go to court and sue the bastards. If you don't sue, don't complain."

IN2US said:
so when can you say you are stuck in name check process??
In other words how long do I have to wait after I'm done with FP to consider myself stuck in name check, 3months/ 6months/ 1year ?????
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Watch for errors

Just wanted to share with you my experience:

I fiiled I485 EB-2 (Eastern Europe) NY at NSC in December 2006. My PD is Sep 2002. We did finger printing in Feb 2006, got LUD in the end of March.Then there was nothing. No updates. In September I stated worrying and called NSC and was told that my NC hadn't cleared. In October, after calling them again I went for an Infopass appointment and the officer had a lot more info, she confirmed that NC for me wasn't done. She saw that my dependents cleared OK. By the way she noticed that my A-number from I485 receipt, FP appointment notice etc BELONGS TO A DIFFERENT PERSON in their system (she referred to this as "typographical error"). My correct A-number was the one from I140 approval. She promised to send a message to NCS and my lawyers filed a correction request. Meanwhile, my wife got EAD with an incorrect birth date (although we saw it during FP appointment, it took about 3 months to get it corrected).

So, in November I called NSC again and they told me there was no changes with the NC. I got very frustrated after processing date moved to April. I asked them to open a service request. I also wrote two e-mails to FBI with no answer. I did not send any letters to congressman or anything of this kind. The lawyers couldn't do anything for another 2 months.
Then suddenly on Dec 10 I got approval e-mails for the whole family. The cards arrived in a few days after that. My wife's card was sent to lawyers address instead of our home, her appoval letter never arrived and the DOB in the GC is wrong again.... anyway i'm happy its over.

I guess my advice is check everything they send you. You never know why you are stuck, maybe something like this.

good luck to you all

Nick

New York
 
Letter to Senator

My husband's name check has been pending for over a year now. I put in service requests 2-3 months ago and have not heard anything as yet. My husband spoke with an IO and she said that everything has been cleared and that they are just waiting for the name check results. However, it seems to me that the NC is going to take forever considering our nationality/background. I am thinking of writing to either a Senator here in MA or to the First Lady ... But I am not sure what to include in the letter.. any suggestions?

Thanx!!
 
name check in MA, not much help from Senator

I wrote to Ted Kennedy and John Kerry to help me with the pending name check. Kennedy's office will reply to you in a month and of course you can call them to keep things moving. They will probably send you response from the service center where the I485 was filed. There was a hand written note on the letter sent to me that Kennedy's office won't even inquire FBI about Name Check status if the it's been pending for less than <U>three</u> years . Kerry's office hasn't replied yet, I wrote to them in Oct. 2007.
Try your congress person's office (www.house.gov , search based on your zip code), they may be more responsive butI doubt it if they can actually expedite it.
Keep a proof of all this correspondence if you plan to file WOM(writ of Mandamus) in future to show that you exhausted all avenues available to you before resorting to court.

Good luck!
amusa said:
My husband's name check has been pending for over a year now. I put in service requests 2-3 months ago and have not heard anything as yet. My husband spoke with an IO and she said that everything has been cleared and that they are just waiting for the name check results. However, it seems to me that the NC is going to take forever considering our nationality/background. I am thinking of writing to either a Senator here in MA or to the First Lady ... But I am not sure what to include in the letter.. any suggestions?

Thanx!!
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I called to talk to IO about status of the case. She said, NC has cleared. Not sure if its true or not. We filed early june 06 and she said NC cleared around oct 07.
 
Looks that these days nothing is helping anymore ( nor FL , congressmens and senators or ombudsman ...) , the USCIS do not care about these anymore , they just do it their own way !!! My NC cleared long time ago , but now they give me BC b$%&S^^t , after so long time !!! Just very dissapointing all this process !!!!:(
 
GHEBAUER said:
Looks that these days nothing is helping anymore ( nor FL , congressmens and senators or ombudsman ...) , the USCIS do not care about these anymore , they just do it their own way !!! My NC cleared long time ago , but now they give me BC b$%&S^^t , after so long time !!! Just very dissapointing all this process !!!!:(
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Does anyone knows the fate of the BILL to set time limit on NC? Last I heard it was introduced to the house, but not sure if it was passed
 
I agree They do not.
My name check apprently was cleared in 2005. But my case is "Under Additional review" So I retty much do not know what is happening.
Plus I had written to Ombudsman they replied but USCIS has not, as was advised by the Ombudsman office.
On top of that My EAD renewal has been pending for more than 3 months now.

GHEBAUER said:
Looks that these days nothing is helping anymore ( nor FL , congressmens and senators or ombudsman ...) , the USCIS do not care about these anymore , they just do it their own way !!! My NC cleared long time ago , but now they give me BC b$%&S^^t , after so long time !!! Just very dissapointing all this process !!!!:(
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timeline

I am trying to understand what the typical timeline for an I485 application under EB3.
We filed our papers back in June 2007 and so far we have received our travel documents, gone for the biometrics stuff, and we received a RFE for my wife's H1B and that was sent and they received it.
What else might we expect? we have seen several updates to our cases but no changes!
Thank you for any info you might give us, we are just impatiently waiting :-(

--Carlos
 
How to check if NC stuck or cleared

Hi

My I-485 was filed around 7 months back, and have seen some LUD changes on my I-1485 case, but want to confirm if my NC cleared or is still stuck.

Can some one give a brief overview of how to check that?

Thanks
Amol
 
loma said:
Hi

My I-485 was filed around 7 months back, and have seen some LUD changes on my I-1485 case, but want to confirm if my NC cleared or is still stuck.

Can some one give a brief overview of how to check that?

Thanks
Amol
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If your PD is current, your I-140 was approved but your I-485 was not, then probably you are. InfoPath is probably the best way to check.
 
New Process improvements

FBI in collabration with DHS has puttogether a new process improvement. This improvement affects the way the cases are processed by the software. In other words they have turned off a few checks (theses were stupid, meaningless and I suspect some bugs in the software as well which apprantly served no real purpose) This reduced to some extent the cases that would otherwise have been trapped or hit or whatever they call it. They reran the process and several cases were cleared. Mine was one of them. The cases which are 3 years or older which are still stuck maybe due to "real" issues or multiple hits which absolutely require manual intervention. I suggest people who are stuck more than 3 years file WOM NOW! That is, in the next 4 weeks. A flood of these filings will get their attention.
Personally, I missed getting my GC twice when the visas were available because of this **** process. I keep telling me not to get negative about it but I am very disappointed because of the delay. The IO said my case just needs a VISA number and everything else is done. But I still can't get over the bitterness. I feel sorry for all those people who are still stuck for no reason at all.
 
Edgar_Linton said:
FBI in collabration with DHS has puttogether a new process improvement. This improvement affects the way the cases are processed by the software. In other words they have turned off a few checks (theses were stupid, meaningless and I suspect some bugs in the software as well which apprantly served no real purpose) ...
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Is it your opinion ("IMHO")? Otherwise, could you please provide a source of this information? Thank you.
 
Streamflow said:
Is it your opinion ("IMHO")? Otherwise, could you please provide a source of this information? Thank you.
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I read it on Murthy.com about 8 weeks back and also based on observation. You might have noticed several cases were cleared in the oct-07 - Dec-07 time frame
Other recommendations such as file "WOM NOW" is my opinion only. Pls use your discretion.
 
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No more FBI NC waiting

No more waiting for FBI name check for GC approval:

http://www.immigration-law.com/Canada.html

Amazing, are they (USCIS) finally talking sense, after so many years !?!?!?!?

Looks like three things may have helped them to make the decision:
1. Lots of WOM. !!! BIG THANKS TO EVERYONE WHO DID IT !!!
2. Less current work for Adjudicating Officers due to India EB2 unavailability
3. A chance to start adjudicating with the oldest PD for India and China, as there will be less newer NC-complete applications

Beware of AC21/GC issues now... No switching jobs for 6 months after GC.
 
igor_ch said:
No more waiting for FBI name check for GC approval:

http://www.immigration-law.com/Canada.html

Amazing, are they (USCIS) finally talking sense, after so many years !?!?!?!?

Looks like three things may have helped them to make the decision:
1. Lots of WOM. !!! BIG THANKS TO EVERYONE WHO DID IT !!!
2. Less current work for Adjudicating Officers due to India EB2 unavailability
3. A chance to start adjudicating with the oldest PD for India and China, as there will be less newer NC-complete applications

Beware of AC21/GC issues now... No switching jobs for 6 months after GC.
Click to expand...

I am guessing you are talking about what I am copying below? thats great news, thanks for posting :)

"02/07/2008: USCIS Revised National Security Adjudication and Reporting Requirements Memorandum of 02/04/2008

* On February 4, 2008, Michael Aytes, Director of Domestic Operations of the USCIS issued an interoffice memorandum to give a revised guidance for USCIS field offices' adjudication of I-485, I-601, I-687, and I-698 as related to the pending FBI name checks. According to the revised guidance, where the application is approvable and the FBI name check request has been pending for more than 180 days, the adjudicator "shall" approve the I-485, I-601, I-687, I-698 applications and proceed with card issuance. However, the approved applications shall be held at the adjudicating office, and the USCIS will determine if rescission or removal proceedings are appropriate and warrantged if derogatory or adverse information is received from the FBI after the application is approved. For the full text, please visit Immigration Bulletin site[http://www.bibdaily.com/pdfs/Mocanu.Aytes.pdf]
* We do not know the exact impact of this policy change on the I-485 processing backlog and on the future Visa Bulletin changes. Without doubt, this decision may bring about a positive result in the processing times but negative impact on the picture of future regrogression of visa numbers as more numbers of earlier priority dates will be taken out in an increased number. "
 
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