suing FBI for delay in security clearence

I

immi_discuss

Registered Users (C)
Guys,
Anyone of you thinking of suing FBI for delay in security clearence.
If this idea has ever crossed your mind ....would like to hear from you.

I am really tired of insincere answers from FBI/USCIS... and the exuse for delay
is that "there are many others who have suffered more..> 6 years)... and I have only for 2.5 years.
 
Learning

Dont blame FBI, Its the USCIS that is or shall i say was culprit for this artificaial delay ( technical term: Excuse) . USCIS got hit hard for their mistake when CIS was rejected, Visa bulletinn phiasco happened and All senators and COngressman came to know that Chirtoff is using USCIS as a tool to promote Bush's conservative agenda.
But USCIS seem to have leared from the mistake and have already approved so many GCs in such a numbers over past couple of weeks that they have not approved for past several years combined together.
So since hurdle is clear and hence there is no need to sue FBI/USCIS .
No need to tal to IO also at NSC because those poor guys did whatever their boss ( Chirtoff) told them to do. Call them will waste your time as well as Theris. Instead let them work without any hurdles and keep the GCs flowing.
They are following RD criteria afte rPD is current. They are hovering around July/Aug2004 RDs now. If your RD is in early 2005, you will get GC in 3-4 months.
AS EB applicants we are certainly talented , but i dont know why we lack patiance and get so much excited and think injustice is served and jump to conclusions when such things happen. Just wait for your turn and you will be singing marry songs soon!!!!!
 
Not sure what you want to convey.

FBI name check not cleared in > 2.5 years.. how come it is USCIS fault..
I called FBI they said 6 years is reasonable time frame for name check.

Now if You are suggesting USCIS is not telling the truth... I can't help , will
be cleared by lawsuit.

I am interested to hear from people who think suing FBI is a option and
can provide some pros/cons of doing so.
 
When USCIS is working towards their stated goal that "the I485 applications will be adjudicated in 6 months", I think they will appreciate any help they can get to clear the FBI clearance in a shorter time.
I do not know all the things the FBI checks for, but 2.5 years is a very looong time. I think it is also a security risk if they take that much time to run someone for background check thru their system.

Just imagine this scenario: if the police have a suspect and want the FBI to do a background check, do you think a 2.5 years (or worse case 6 years) wait time will be acceptable to them?

I know that asking for a clearance w.r.t. immigration Vs clearance w.r.t. possible criminal are apples and oranges. But don't you think they use the same system for both the background checks?

Isn't part of the application fee we pay go towards the FBI namecheck? If yes, they really can't hide behind "lack of resources" excuse. The $$ are paid to them to render a service. And expecting a timely service is a right.

I also read on this board that having a congressman's office enquires about the status of an FBI name check, it moves along much faster after that. Isn't that an indication of a breakdown in their system?

I think a class action lawsuit would definitely bring to fore any such issues and probably help streamline the whole process and set an expectation on how long FBI can take to complete the checks.

Having a responsive administratio system is beneficial to all residents - citizens, visitors and permanent residents.
 
Here is a real joke!

I heard this story from a friend: There was guy named "Balamurali". Note the last three alphabets in his name: "ALI" He got screwed because of that phonetic match and was waiting for more than 3 years!!!!!
My question is the same: If a guy is a security threat, is keeping him waiting for 6 years going to help anything, especially when he is already in the country!!!??? Is there a law suit against stupidity? Come on! 6 years is almost 10% of a guy's lifetime and all these people are messing with innocent individuals' life, finances, plans... and getting away with it.
I have never had a problem with the law. I do not know what kind of combination I got hit by. Been waiting for more than 3 years now. Just the thought that this is so meaningless, useless wait is most frustrating. If I do get my name cleared, I am not sure the visa numbers will be available. Who knows? The dates may retrogress to 1900.
USCIS just point their finger at FBI. FBI does not answer the phone or email. We have to go to First lady, First gentleman, ombudsman, senator, congressman, God, FBI director.......
I just wish somebody takes the whole issue seriously. There maybe a conditional approval if it exceeds a certain time period... There must be some other option.....
 
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What best we can get from USCIS proving name check

What kind of best document we can get from USCIS describing the sequence
of events..
like when it was initiated, when they got finger printing.. and for how long they are playing with permutation and combinations of the name etc..

Any ideas.this information will be very handy..
 
akbari..

We can do it as a last resort, But let us first go to court to check if judicial system too treat same was as executive branch..I have some hope for lawmakers enquiry..But not very confident.
 
Here is an idea!!!

immi_discuss said:
What kind of best document we can get from USCIS describing the sequence
of events..
like when it was initiated, when they got finger printing.. and for how long they are playing with permutation and combinations of the name etc..

Any ideas.this information will be very handy..
Click to expand...

We can send FBI and USCIS Candy!!! I am very serious. Maybe this will get the attention this issue deserves.:mad:
 
Immi_discuss,

There are thousands of others who are suing USCIS, FBI and DHS.

http://boards.immigrationportal.com/showthread.php?t=194681

Read this thread -- though it is in the citizenship forums, there are many people on the thread who are discussing writ of mandamus suits for AOS filings.

As a courtesy to the participants please take the time to read the thread before starting to post basic questions.
 
citizenship/AOS name check

I will try to go through thread if it has some information regarding AOS applicant
sued the FBI in last few weeks.. as that will be most relavent information.

Thanks for the link though, I am not too familiar with forums...But looks like thread is too
long with most of information prior to jan 2007, where it seems some rules changed.
 
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If the USCIS was really interested in security, they would use a more efficient service instead of the FBI. But they like long-pending name checks because it gives them an excuse to be lazy.

If a department is given 100 I-485 or citizenship cases to complete in a month, and 25 of them get stuck in name check, they get to use name check as the reason for completing only 75. If the name checks were efficiently done for all cases, they would have to complete the full 100 that was given to them.
 
Adding to Jackolantern's comments -

The only way things will *really* change is people start going to work in home country or other countries. It is all SUPPLY vs DEMAND.

Today - there are still lot more folks willing to come and work here. If more people explore other countries for job opportunities, then the SUPPLY vs DEMAND equation may change, and may cause a REAL change.
 
CrossHairs,
Appreciate your concern and long term solution..But immediate need is to deluge FBI etc.. with meaningful lawsuits, So that It is more expensive and reputation damaging to delay than working on person's case.

No harm to also highlight uselessness of these name checks for people who are already in country.
Also I think it goes against tenets of judicial system "innocent unless proven guilty"...
Namechecks are :
"Guilty unless proven innocent".
 
immi_discuss said:
I will try to go through thread if it has some information regarding AOS applicant
sued the FBI in last few weeks.. as that will be most relavent information.

Thanks for the link though, I am not too familiar with forums...But looks like thread is too
long with most of information prior to jan 2007, where it seems some rules changed.
Click to expand...


There are posts and discussions about AOS applicant WOMs -- you'll find that the suits have to name DHS, USCIS and FBI, since USCIS is the requesting agency. Just search the thread for AOS.

You might also find these pages useful http://en.wikibooks.org/wiki/FBI_name_check

http://www.ailf.org/lac/clearinghouse_mandamus.shtml

For original source documents on how the agency descriptions of how the name check process works see
http://immigrationvoice.org/forum/showthread.php?t=11087

The bottomline is that you have to spend some time and apply your mind to learn about all this.
 
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want to use company legal plan..

Any ideas if some lawyer take this up in san francisco bay area..I can find
if he/she is participant in the lagal plan.
 
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