The reason behind name check delay
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Here maybe that helps ! I
Congressional Testimony
Testimony of Robert J. Garrity, Jr., Acting Assistant Director, Records Management Division, FBI
Before the House of Representatives, Committee on Government Reform
July 10, 2003
"The FBI's VISA Name Check Process"
Mr. Chairman and members of the Committee, thank you for inviting Director Mueller here today to testify in this hearing, in which the Committee is examining problems of delayed entry for aliens traveling to the United States for legitimate business practices. I am here to discuss the challenges of ensuring security without unduly disrupting legitimate commerce. Unfortunately, Director Mueller could not be here today, so I have been designated to provide testimony in his stead. My name is Robert Garrity, and I have served as an FBI Special Agent since 1976. I currently serve as the acting Assistant Director of one of the FBI's newest divisions, the Records Management Division (RMD). Here with me today is David Hardy, who serves as the Chief of the Record/Information Dissemination Section, the section within the RMD responsible for the National Name Check Program. My goals today are to inform you of the FBI's visa name check process; provide you with an accurate assessment of how well this process is functioning; and describe to you the measures the FBI is taking to continually improve this process.
First, I want to emphasize to you that the FBI is sensitive to the impact that delays in visa processing may have on business, education, tourism, this country's foreign relations, and worldwide perceptions of the United States. With these considerations in mind, the FBI is working diligently with the Department of State toward the common goal of improving the expediency and efficiency of the visa clearance process. At the same time, the consequences of the FBI's mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. This means that there are instances when the FBI's review of a visa request must require as much time as needed to obtain an unequivocally correct result.
National Name Check Program
The National Name Check Program (NNCP) has the mission of disseminating information from the FBI's Central Records System in response to requests submitted by federal agencies, congressional committees, the federal judiciary, friendly foreign police and intelligence agencies, and state and local criminal justice agencies. For all except law enforcement requests, the program is to be operated on a fee-for-service basis, with the beneficiary of the name check paying for it, not the American taxpayers. The Central Records System contains the FBI's administrative, personnel and investigative files. The NNCP has its genesis in Executive Order 10450, issued during the Eisenhower Administration. This executive order addresses personnel security issues, and mandates National Agency Checks (NAC) as part of the pre-employment vetting and background investigation process. The FBI is a primary NAC conducted on all U. S. Government employees. From this modest beginning, the NNCP has grown exponentially, with more and more customers seeking background information from FBI files on individuals before bestowing a privilege - - Whether that privilege is government employment or an appointment; a security clearance; attendance at a White House function; a Green card or naturalization; admission to the bar; or a visa for the privilege of visiting our homeland; more than 70 federal and state agencies regularly request an FBI name check. Two specific visa request categories, Visa Condor and Visa Mantis, are relevant to the hearing today. In addition to serving our regular governmental customers, the FBI conducts numerous name searches in direct support of the counterintelligence, counterterrorism and homeland security efforts of the FBI.
Exponential Growth
Prior to September 11, 2001, the FBI processed approximately 2.5 million name check requests per year. In FY 2002, that number increased to 3.2 million. For FY 2003, the number of requests to date already exceeds 5.6 million and is expected to reach 9.8 million requests. That represents an increase in excess of 300%. Attachment A illustrates this explosive increase. This year, the FBI will process approximately 200,000 visa name check requests, including approximately 75,000 Visa Condor requests and 25,000 Visa Mantis requests.
Over Burdened System
I can tell you, Mr. Chairman, that with the advent of new visa screening requirements in late 2001, specifically the Visa Condor program, the FBI was overwhelmed by the increase in names to be checked. We did experience a backlog, and visas requested in the spring and summer of 2002 were delayed beyond the time period travelers had anticipated. We have all but eliminated the backlog, and have worked together with the State Department to ensure that any old visa requests have been accounted for and processed. The days of what some people would characterize as an unreasonable delay have now passed us by. I would now like to explain the process the FBI uses to conduct name checks on these visa requests.
FBI Name Check Process
It may be helpful to the Committee to follow along with Attachment B, a flow chart of the FBI visa name check work process. Consular officers worldwide determine whether a visa request falls into one of the special visa categories requiring additional scrutiny. Two of these categories are Visa Condor, relevant to certain individuals who are from designated countries and who satisfy additional criteria which may make them worthy of additional scrutiny, and Visa Mantis, relevant to certain individuals who will have access during their visit to American special technologies. The consular officer will submit their name check requests by cable, simultaneously to both the FBI and State Department headquarters.
In the next step of the process, the FBI communications center forwards the batches of names to be checked electronically to the name check program. The name is electronically checked against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, and so on. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.
If there is a match with a name in a FBI record, it is designated as a "Hit", meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or indices entry to further refine the names "Hit" on. If the search comes up with a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.
The FBI recently increased name check personnel from 75 employees to 125 employees.
Here is the entire Article !
http://www.fbi.gov/congress/congress03/garrity071003.htm
Another Article !
http://www.fbi.gov/hq/nationalnamecheck.htm
Congressional Testimony
Testimony of Robert J. Garrity, Jr., Acting Assistant Director, Records Management Division, FBI
Before the House of Representatives, Committee on Government Reform
July 10, 2003
"The FBI's VISA Name Check Process"
Mr. Chairman and members of the Committee, thank you for inviting Director Mueller here today to testify in this hearing, in which the Committee is examining problems of delayed entry for aliens traveling to the United States for legitimate business practices. I am here to discuss the challenges of ensuring security without unduly disrupting legitimate commerce. Unfortunately, Director Mueller could not be here today, so I have been designated to provide testimony in his stead. My name is Robert Garrity, and I have served as an FBI Special Agent since 1976. I currently serve as the acting Assistant Director of one of the FBI's newest divisions, the Records Management Division (RMD). Here with me today is David Hardy, who serves as the Chief of the Record/Information Dissemination Section, the section within the RMD responsible for the National Name Check Program. My goals today are to inform you of the FBI's visa name check process; provide you with an accurate assessment of how well this process is functioning; and describe to you the measures the FBI is taking to continually improve this process.
First, I want to emphasize to you that the FBI is sensitive to the impact that delays in visa processing may have on business, education, tourism, this country's foreign relations, and worldwide perceptions of the United States. With these considerations in mind, the FBI is working diligently with the Department of State toward the common goal of improving the expediency and efficiency of the visa clearance process. At the same time, the consequences of the FBI's mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. This means that there are instances when the FBI's review of a visa request must require as much time as needed to obtain an unequivocally correct result.
National Name Check Program
The National Name Check Program (NNCP) has the mission of disseminating information from the FBI's Central Records System in response to requests submitted by federal agencies, congressional committees, the federal judiciary, friendly foreign police and intelligence agencies, and state and local criminal justice agencies. For all except law enforcement requests, the program is to be operated on a fee-for-service basis, with the beneficiary of the name check paying for it, not the American taxpayers. The Central Records System contains the FBI's administrative, personnel and investigative files. The NNCP has its genesis in Executive Order 10450, issued during the Eisenhower Administration. This executive order addresses personnel security issues, and mandates National Agency Checks (NAC) as part of the pre-employment vetting and background investigation process. The FBI is a primary NAC conducted on all U. S. Government employees. From this modest beginning, the NNCP has grown exponentially, with more and more customers seeking background information from FBI files on individuals before bestowing a privilege - - Whether that privilege is government employment or an appointment; a security clearance; attendance at a White House function; a Green card or naturalization; admission to the bar; or a visa for the privilege of visiting our homeland; more than 70 federal and state agencies regularly request an FBI name check. Two specific visa request categories, Visa Condor and Visa Mantis, are relevant to the hearing today. In addition to serving our regular governmental customers, the FBI conducts numerous name searches in direct support of the counterintelligence, counterterrorism and homeland security efforts of the FBI.
Exponential Growth
Prior to September 11, 2001, the FBI processed approximately 2.5 million name check requests per year. In FY 2002, that number increased to 3.2 million. For FY 2003, the number of requests to date already exceeds 5.6 million and is expected to reach 9.8 million requests. That represents an increase in excess of 300%. Attachment A illustrates this explosive increase. This year, the FBI will process approximately 200,000 visa name check requests, including approximately 75,000 Visa Condor requests and 25,000 Visa Mantis requests.
Over Burdened System
I can tell you, Mr. Chairman, that with the advent of new visa screening requirements in late 2001, specifically the Visa Condor program, the FBI was overwhelmed by the increase in names to be checked. We did experience a backlog, and visas requested in the spring and summer of 2002 were delayed beyond the time period travelers had anticipated. We have all but eliminated the backlog, and have worked together with the State Department to ensure that any old visa requests have been accounted for and processed. The days of what some people would characterize as an unreasonable delay have now passed us by. I would now like to explain the process the FBI uses to conduct name checks on these visa requests.
FBI Name Check Process
It may be helpful to the Committee to follow along with Attachment B, a flow chart of the FBI visa name check work process. Consular officers worldwide determine whether a visa request falls into one of the special visa categories requiring additional scrutiny. Two of these categories are Visa Condor, relevant to certain individuals who are from designated countries and who satisfy additional criteria which may make them worthy of additional scrutiny, and Visa Mantis, relevant to certain individuals who will have access during their visit to American special technologies. The consular officer will submit their name check requests by cable, simultaneously to both the FBI and State Department headquarters.
In the next step of the process, the FBI communications center forwards the batches of names to be checked electronically to the name check program. The name is electronically checked against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, and so on. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.
If there is a match with a name in a FBI record, it is designated as a "Hit", meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or indices entry to further refine the names "Hit" on. If the search comes up with a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.
The FBI recently increased name check personnel from 75 employees to 125 employees.
Here is the entire Article !
http://www.fbi.gov/congress/congress03/garrity071003.htm
Another Article !
http://www.fbi.gov/hq/nationalnamecheck.htm
I thought this Article was interesting too ..
http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html
http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html
edgrapes said:
Makes perfect sense... Too bad I don't fall under any of these categories. I am 25-year old eastern european female who never had any speeding tickets, transactions from foreign banks, worked for any government, and my name is not arabic... Never cheated on my taxes, broke the law, etc...
And I can't come up with any reasons why the hell I am stuck in the name check hell...
But I feel everybody's pain...
I'm curious why you think you are in name check hell with a mid June priority date. That's only 3.5 months ago. The USCIS is not known for it's speed. My wife breezed through the process without a hitch. Her interview was exactly (to the day) 6 months after fingerprinting (Dallas office).
PendingN400
Registered Users (C)
Delays
I know of few Indians with Hindu names that are stuck. I don't believe there is any pattern (except with Muslim names). One thing is certain, if it has been more than 6 months, it is unlikely that you will hear for few years! I have been waiting for over a year now and know cases pending for 2-3 years. Lawsuit appears to be the only option.
I know of few Indians with Hindu names that are stuck. I don't believe there is any pattern (except with Muslim names). One thing is certain, if it has been more than 6 months, it is unlikely that you will hear for few years! I have been waiting for over a year now and know cases pending for 2-3 years. Lawsuit appears to be the only option.
Wei Su vs Chertoff (Eastern District of NY)
Check out the US atty defense in response to Wei Su petition for a hearing:
What a bastard!!
Basically, the US atty is saying: if you've been waiting for years before suing us, it means you don't care, in which case you can't sue us now.
In other words, you have to sue USCIS ASAP after 120 days or they think you waived your right to sue.
Check out the US atty defense in response to Wei Su petition for a hearing:
THIRD DEFENSE
By delaying the filing of this action for almost three years from the date the cause of action allegedly arose, Plaintiff impliedly waived his right to invoke 8 U.S.C. § 1447(b).What a bastard!!
Basically, the US atty is saying: if you've been waiting for years before suing us, it means you don't care, in which case you can't sue us now.
In other words, you have to sue USCIS ASAP after 120 days or they think you waived your right to sue.
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Bushmaster
Registered Users (C)
LAmorocco said:Check out the US atty defense in response to Wei Su petition for a hearing:
THIRD DEFENSEBy delaying the filing of this action for almost three years from the date the cause of action allegedly arose, Plaintiff impliedly waived his right to invoke 8 U.S.C. § 1447(b).
What a bastard!!
Basically, the US atty is saying: if you've been waiting for years before suing us, it means you don't care, in which case you can't sue us now.
In other words, you have to sue USCIS ASAP after 120 days or they think you waived your right to sue.
Cause of action allegedly arose? Is this stupid mofo joking? What "allegedly" arose? The action they print in detail on the "Naturalization Result" form in case they don't respond in 120 days??? That bastard is simply bullshitting, throwing mud to petitioner, distracting the court
That is what I am going to do, 120 days up, sue them bitches! I am sick of their bullshit.
FBI increased the personnel who do the "computerized" name checks by 50 individuals, whoop dee doo! I guess that is where all the jacked up, low speed hi drag slow motion FBI agents get assigned, or the ones who get in trouble. 50 more of them would really help millions of people waiting REALLY!?!?!?
You know after all this shit, I question myself, do I really want to be a citizen?
Philosophical question
You know, I caught myself asking the same question. People should not go thru such punishment to obtain what legally belongs to them. I am also not sure if I want to be a citizen of the country that creates so many obstacles for it's potential citizens that work hard, pay taxes, obey laws and come to this country in good faith and with the best intentions.
Truly philosophical question: to sue or not to sue?
Bushmaster said:
You know, I caught myself asking the same question. People should not go thru such punishment to obtain what legally belongs to them. I am also not sure if I want to be a citizen of the country that creates so many obstacles for it's potential citizens that work hard, pay taxes, obey laws and come to this country in good faith and with the best intentions.
Truly philosophical question: to sue or not to sue?
Bushmaster
Registered Users (C)
What kind of nonsense is that we have to sue a government we want to obtain its citizenship... ???
LAmorocco said:Check out the US atty defense in response to Wei Su petition for a hearing:
THIRD DEFENSEBy delaying the filing of this action for almost three years from the date the cause of action allegedly arose, Plaintiff impliedly waived his right to invoke 8 U.S.C. § 1447(b).
What a bastard!!
Basically, the US atty is saying: if you've been waiting for years before suing us, it means you don't care, in which case you can't sue us now.
In other words, you have to sue USCIS ASAP after 120 days or they think you waived your right to sue.
I am in the process of suing them, if I understood very well it is too late for me since my interview was June 2004!! Should I go ahead with the lawsuit or should I just wait another 2, 3 years or maybe 9 years who knows?
Bushmaster said:
I really think they're expecting us to sue if things drag over 120 days. I bet FBI is only processing Names of people who are suing. They will never get to the Names of people who are not suing. In the meantime, if it's been more than 1 year since the interview, USCIS beleives you don't care and they just let you wait.
Come on man, don't be discouraged
You are in the army, you're supposed to be a tough guy and a fighter 
Read the first posts from Publicus and you will have a good idea on how to proceed. You can always post your questions here if not not sure about something. Go to Pacer and download a few cases. All you have to do is follow the format. Most of the stuff is copy/paste (need to add your personal info). After reading a few cases, you will get the idea. If you have a complicated case, you're better off hiring a lawyer.
cheers
Well, shit! In Bay Area people who applied concurrently with me are having their interviews in September already, and those who applied 2 months after me are getting their interview letters while I am still waiting! In this sense CSC and DO San Francisco are working like a clock - PD, FP, one month later IL! My case hasn't been updated since 6/27! What else could it be? I called them, they said my namecheck is pending. That's what make me think I'm stuck for a looong time. Damn it...Flydog said:
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sobelle said:
Sobelle,
My interview was September 2004. I picked up my pro se package 3 days ago and following day, I went for an Infopass visit (the last one I swear to god). I had to drive for 45 min to get to the f---ing USCIS. I parked in the street and had to feed the f---ng parkmeter 3 times before my turn came up (1hr 30 min wait). There were 5 of them but only 2 were talking to Infopassers. I didn't take anything to read and was stairing at those loosers for 90 min. When my turn came up and got the usual answer My name check was pending with the FBI. I stayed very polite but, the way I was looking at the USCIS employee, not blinking, very deeply, not saying a word.. If I had laser beams coming out of my eyes, I think she would have been pulverized to picoparticles
. Should I go ahead with the lawsuit or should I just wait another 2, 3 years or maybe 9 years who knows?
You should go ahead with the lawsuit. FBI/USCIS are prioritizing people who sued. Nobody left to take care of the ones who didn't not sue.
Cheers
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Filing for passport
LAmorocco,
I understand that you filed for your passport for yourself same day, did you also apply for a passport for your kids?
If yes, how does that work for the kids, did you have to fill the N-600 (?) application for them before filing for their passport?
LAmorocco,
I understand that you filed for your passport for yourself same day, did you also apply for a passport for your kids?
If yes, how does that work for the kids, did you have to fill the N-600 (?) application for them before filing for their passport?
LAmorocco said:Sobelle,
My interview was September 2004. I picked up my pro se package 3 days ago and following day, I went for an Infopass visit (the last one I swear to god). I had to drive for 45 min to get to the f---ing USCIS. I parked in the street and had to feed the f---ng parkmeter 3 times before my turn came up (1hr 30 min wait). There were 5 of them but only 2 were talking to Infopassers. I didn't take anything to read and was stairing at those loosers for 90 min. When my turn came up and got the usual answer My name check was pending with the FBI. I stayed very polite but, the way I was looking at the USCIS employee, not blinking, very deeply, not saying a word.. If I had laser beams coming out of my eyes, I think she would have been pulverized to picoparticles
You should go ahead with the lawsuit. FBI/USCIS are prioritizing people who sued. Nobody left to take care of the ones who didn't not sue.
Cheers
I know how you feel, I have been to the USCIS, wrote to the congress, dealt with the parking nightmare $30 every time I went to check on my case and to top that waited for 3 hours at times to get the same dumb answer!!! I am not waiting anymore!!! Are you filling out the lawsuit yourself? Please keep us informed, and by the way I am located in Boston.
sobelle said:
Hello sobelle,
I am filing as pro se. I live in connecticut. I downloaded a few cases from PACER that I am attentively reading. I think I got the picture. I will be taking parts here and there to make my complain.
If things get complicated, I will hire a lawyer.
I still haven't received the FOIPA, I never wrote to my congressman, I lost my N-652, I have nothing to use as exhibits
.Good luck to you
I know some friends who are executives at DHS and we have discussed the namecheck delays. They have indicated (without admiting to the public) that USCIS profiles applicants besed on the follwing:
1- Male, Age bewtween 18 -40
2-Birth country (Muslim countries)
3-Name of Applicant (Muslim Name, or Common name where it was flaged for criminal record)
4-Countirs visited within the last 5 years (Muslim Countries)
5-Applicant has a record that needs to be cheacked.
If you have anyone of the 5 listed here, You wil get stuck in the name ckeck clearence for sure. Maybe i dont know, but except #5, is in't that the definition of discrimination. The sad thing is the DHS can not do anything as this is in the hands of the FBI.
The painful but untold truth of the namecheck delays.
1- Male, Age bewtween 18 -40
2-Birth country (Muslim countries)
3-Name of Applicant (Muslim Name, or Common name where it was flaged for criminal record)
4-Countirs visited within the last 5 years (Muslim Countries)
5-Applicant has a record that needs to be cheacked.
If you have anyone of the 5 listed here, You wil get stuck in the name ckeck clearence for sure. Maybe i dont know, but except #5, is in't that the definition of discrimination. The sad thing is the DHS can not do anything as this is in the hands of the FBI.
The painful but untold truth of the namecheck delays.
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SHAFFI said:
if you were running the DHS, charged with, among others, keeping criminals and terrorists out of this country, how would you have done differently?
Would you instead focus on 5-yr old boys from rural Canada for background checks to see if they are potentially terrorists or criminals?
I am all for bashing DHS, justifiably so. But given what happened in the last few years, how sensible is it to do anything other than what DHS did?
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