Stuck in name check with new rules after May '06

Info pass twice, still name pending
It 's been almost 5 months since my submission
I'm quite worried but seem nothing I can do
________________
N-400 mailed -Aug 23 2006
Fingerprint -Sept 25, 2006
 
zozo said:
Info pass twice, still name pending
It 's been almost 5 months since my submission
I'm quite worried but seem nothing I can do
________________
N-400 mailed -Aug 23 2006
Fingerprint -Sept 25, 2006
Click to expand...

Zozo,

I am doing at infopass and seeing a lawyer on Tuesday, I will let you know if anything useful comes out of it. I am going on to my 5th month myself, many people are in the same boat. I will keep everyone posted.
 
I am in the same boat

I am in the same boat anxioulsy awaiting my interview letter from Hartford DO.

PD: Aug 9, 2006
FP: Sep 5, 2006
1st Infopass: Nov 16, 2006 (Name check pending)
2nd Infopass: Feb 8, 2007

Now for those stuck in name check, how long did it take for you to get your GC? Name check is part of GC too. I received my marriage based GC in 1 year 5 months, even with 2 file tranfer occurances from SF to ATL to Indy.
 
eo23, I wanna send FOIA, but dunno how to fill out and where to send it. If you plan to do so, please let me know.
Dunno when this process will gonna finish. I expect it will be completed in six months. It seems not gonna happen.... :(
 
eo23

Good luck with you infopass and please let us know how it goes. I am planning to setup one myself and was wondering if I could hire a lawyer and have him/her come with me to the infopass. If they allow it, that's great. I want to make a good use of my infopass appt. I had my interview in Dec but at the end of the interview, was told that my name check is pending.
 
madhuri_dhar said:
eo23

Good luck with you infopass and please let us know how it goes. I am planning to setup one myself and was wondering if I could hire a lawyer and have him/her come with me to the infopass. If they allow it, that's great. I want to make a good use of my infopass appt. I had my interview in Dec but at the end of the interview, was told that my name check is pending.
Click to expand...
madhuri_dhar,

Since your interview is over,wait 120 days. If you don't hear anything you can sue.
 
Hi all,

I met with a lawyer today and had my second infopass. This is what I found out:

1) You can take a lawyer with you to the infopass - no problem
2) My name check is still pending and has been since 9/15/06
3) My lawyer mentioned that nothing can be done at this moment but that he is willing to attend the next infopass with me this coming April (which will be 7 months since application) in order to speak with supervisors in the USCIS Chicago office (instead of the useless representatives) and try to pull some strings to get me interviewed (let's see what comes out of this)

Any more updates anyone?

I am not too sure about how to file for a FOIPA but I know that there is a ton of information about that on the forum somewhere
 
FOIPA Won't help with Name Check

FOIPA Won't help with Name Check

http://www.fbi.gov/page2/nationalnamecheck.htm

My Freedom of Information/Privacy Act request to the FBI resulted in a "no record" response. Given that, why is my name check request still pending?

Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a "main file" search. For a name check, "main files" and "reference files" are both checked, in an effort to protect our national security, in addition to searching a name in a multitude of combinations.
 
went to infopass today,the lady only say the security check is pending ( i asked , is my name check pending? is my fp clear? many other questions) she just say sir, your case is pending! then I asked if I can have a copy of my case detail she says, no sir we can't give out this information, all process was pain, she treat me very cold and she didn't want to respond anything seems .

So now I only know my case is pending, and my security check is pending ( but what does mean? FP or name or Background? )

What should I do now?
 
went to infopass today,the lady only say the security check is pending ( i asked , is my name check pending? is my fp clear? many other questions) she just say sir, your case is pending! then I asked if I can have a copy of my case detail she says, no sir we can't give out this information, all process was pain, she treat me very cold and she didn't want to respond anything seems .

So now I only know my case is pending, and my security check is pending ( but what does mean? FP or name or Background? )

What should I do now?
 
I guess the only option is to wait.
I am in the same boat here.

You can contact your congressman, or senator but I don't think anyone will help as your dates don't seem to be out of the ordinary.
 
It's a wait game

Johnny123,

I believe the security check she meant refers to the Name Check. FP results are returned same day back to USCIS, there one other, that checks status from few agencies, called IBIS, that is usually submitted before you get your FP notice.

I think it maybe just too early, give it some time.
 
Update from my side

I called the 800 number yesterday and spoke with customer service who then transferred me to IO after lot of pleading and questioning from my side. IO was helpful but said my background check is still pending. When I asked if there is any timeline I can expect, she simply said that it's in the hands of FBI and there's not much either she or I could do. I was advised to call again in 30 days. I would have received a similar message if I had taken INFOPASS. So I'm at least glad I saved myself from a 90 mile roundtrip drive to my DO.

Based on postings in this forum, I've also observed that a number of people whose cases were stalled seem to be getting their IL just around the 120 day mark after FP. Don't know if this is just a conincidence or whether it is a concerted effort by either USCIS or FBI to try and complete background check in a certain timeframe.
 
ap74mo said:
I called the 800 number yesterday and spoke with customer service who then transferred me to IO after lot of pleading and questioning from my side. IO was helpful but said my background check is still pending. When I asked if there is any timeline I can expect, she simply said that it's in the hands of FBI and there's not much either she or I could do. I was advised to call again in 30 days. I would have received a similar message if I had taken INFOPASS. So I'm at least glad I saved myself from a 90 mile roundtrip drive to my DO.

Based on postings in this forum, I've also observed that a number of people whose cases were stalled seem to be getting their IL just around the 120 day mark after FP. Don't know if this is just a conincidence or whether it is a concerted effort by either USCIS or FBI to try and complete background check in a certain timeframe.
Click to expand...

Well I am approaching 150 days, there is really no set timeframe at all unfortunately. Its just a wait game now and if it gets ridiculous, then some legal intervention might speed things up.
 
eo23 said:
Well I am approaching 150 days, there is really no set timeframe at all unfortunately. Its just a wait game now and if it gets ridiculous, then some legal intervention might speed things up.
Click to expand...

What legal intervention can you think about if we have not had an interview. Based on some postings on this forum, if you file a writ of mandamus (WOM), the onus is on you to prove that all remedies have been exhausted including waiting for a reasonable period of time (don't know what this is but some suggest at least a year from your PD), contacting USCIS and requesting expediting, contacting congressman and senators and proving hardship based on personal scenario. Then based upon your court (depending on red or blue state), you may or may not get a favorable decision.

Has anyone spoken to their lawyers about potential legal remedies?
 
I talked to the CS yesterday, they said I should wait for 6-months after the Finger prints before calling them of getting paniced.
 
I think once its past 60 days since your FP and you haven't received your interview letter then you need to think about going the legal way or start writing to your congressman/woman...

FBI states a majortiy of the cases have name check completed within 60 days..Its better to get on top of the issue than wait 6 months or a year...

I had said earlier FOIPA won't help with namecheck but it wouldn't hurt going that route either..
 
You must log in or register to reply here.
Top