URGENT! Update On My Case....Everybody's Advice is Needed!!!

[Publicus]

Here is the deal...Guys, I am back to square 1.

After exchanging numerous messages with the US attorney's office (a sweet lady really), we finally agreed upon a date: January 23, 2006. I was hoping I would become a citizen before the end of 2005 but it just seems impossible at this junction. The US attorney told me that after USCIS received my file last week, they are inclined to grant citizenship subject to the completion of a new name check. You see in 2004 I got tired of waiting on USCIS so I went ahead and legally changed my name. Although my first name check was completed in 2002, they had to do a new name check for the new name. It seems like it is the law and cannot grant citizenship without it. What a story huh! Tell me about it. FYI, I filed a new FOIA/PA for the new name and received a NO RECORDS answer. I sent the results to the US attorney. Also I have NO RECORDS for the old name.

Since Feb 2005 I was spending all my time preparing for World War III just to find out that the name check is pending. Why didn't my interviewing officer say: Look, we're going to have to check your new name. They kept giving me conflicting info, some say your military background check is pending, others say your background check is pending, and some say your G 325B (military biographic form) is pending. Three officers informed me that it was the G-325B that was pending (It happened just last July through an infopass). So I spent a lot of time tracking down this G-325B issue and collecting documents about it. The G-325b was indeed completed, and of course that added to my mistrust of USCIS at the time.

Now according to the US attorney, USCIS has submitted an expedited request but has not received an answer yet. I don't know when the new name check was submitted, and it seems there is no way to find out via the FBI now that all the doors have been closed. The US attorney informed me that because of my excellent military record, USCIS wants to help, but there is nothing to do unless the new name check is completed. Even the US attorney is ready to make some phone calls on my behalf to the FBI but doesn't know who to call. USCIS even asked me to get my military connections involved to expedite the name check. They said my first name check back in 2002 took only 13 days and was expedited because I was trying to attend a military course which required citizenship. They are asking me to use those connections again. Meaning get my military commanders involved.

My questions are and I sincerely need every suggestion and answer:

1. What should I do? Where should I start? I wasn't expecting this at all. I thought I was done with the name check.

2. What phone number should I provide the US attorney with? What FBI authority should she call?

3. It seems like a lot changed since Rahul posted his legendary memo last Jan. I haven't paid much attention to the name check process since Feb of this year. Even the name check supervisor has changed. I spend most of the day reading messages on the name check board and even got a little bit dizzy and confused as I had some 100+ pages to read. Information keeps changing and changing and changing. I couldn't even answer those members who contacted me via PM as I was researching and reading most of the time. Besides I had to prepare some other documents. So please forgive me. I'll try to answer you tomorrow.

4. I called the FBI today but got nowhere. Do you have any new phone numbers, any new names or contacts I can use in this urgent situation? I have a compelling reason. I think they would make an exeption for a War veteran.

5. What do you think about me tracking down my former military commanders? What should I tell them? What person should I ask them to call?

6. Do you think I should involve my new congressman's office? I moved back in August to a new state and did not bother contacting their offices as I haven't seen any results from two former congressmen and also as I was thinking about a lawsuit. In a way, it is the lawsuit that was the catalyst to all this change in USCIS attitude and the genesis of this new promising situation.

7. I truly have 40 days to complete this, otherwise it will go to trial. I don't want it to reach that level at all. But we need to get the FBI working. So please any suggestions are very welcomed.

Finally, to put it in easy words, what would you do if you were me?

Thank you beforehand for your time and valuable opinions.

 

[Publicus]

I guess everybody went to bed.

 

[sony55]

I guess everybody went to bed.

Hey publicus, I am still up! lol

That's great news that the USCIS is on your side now and is trying to help. I think it's only a matter of time then!

Why don't you call the congressman's office and tell him about your story, if they couldn't help you, i am sure at least , they would be able to direct you to the right path and provide you with some names, number, and even methods to follow to reach your goal.

That's all i could come up with for right now, as I know that you are the expert and all the other traditional methods i would suggest, like surfing this and other forums, call the uscis, infopass, calling your commanders, and / or the FBI, would be on the top of your list already!

Good luck, and keep us updated please. May God bless you and your efforts. I know it's just a matter of time now.

SOny

 

[vulpasin]

I guess everybody went to bed.

Not everybody, people like us with situations (nightmare) like us don't catch to much sleep...
First: Why, in the name of God did you change your name before Naturalization?!? Anyway, now the harm is done and you'll have to deal with it.
Yes, I'll say to contact you Congressperson a.s.a.p. and anybody else you know, for that matter.
I dont have any idea how you military superiors and connections can help you, but is worth a try and you have nothing to loose.
Keep in touch, and as close as you can with US Atty. and USCIS because, they as well are not to happy to appear in the front of the judge and they know better than you where to pull the strings with FBI...besides the fact that I understood that USCIS requested already another Name Check from FBI...which I pray for you that will come in time now...in fact I have a feeling that before the trial date you'll have your FBI Name Clearance done...if USCIS isists hard enough to be done.
In my opinion, these lazy bureaucrats from USCIS usualy answer that "your case is pending awating completion of N.C. from FBI" but they never-ever bother to inquiry with FBI about our cases...now, in your situation they started to ask FBI for a resolution...so, I'll say there is hope...I bet, after sony55 you'll be the next one with great news...maybe not before 12.31.2005 but for sure not too long after that.
Go back to sleep man, you went to war and came back in one piece, you'll survive (and win!) this war too.

 

[Publicus]

Go back to sleep man, you went to war and came back in one piece, you'll survive (and win!) this war too.

Thanks Vulpasin. I swear I had dreams about this. You know when you are in love with a woman, how she is the last thing on you mind when you go to sleep, and the first thing you think about when you wake up. Well this is what is happening with me regarding this matter.

Unfortunately I can't say the war is over yet. To be honest with you, I don't trust USCIS at all. I don't know if this is true, or if they are just playing games, or what. Because so far the US attorney was acting as a messenger. i.e. she always said: USCIS told me they will blah blah...And based on my past dealings with them, I can hardly trust them. One thing for sure is that I will not dismiss the case unless I am a citizen. I have to prepare for that.

 

[homeschoolmum]

Publicus,

I know things have been going slow for you, and that it's hard to think positively as far as USCIS is concerned. They do have to run a namecheck on your new name, but I want to tell you that I have a hunch that it won't take as long as you think. (That is, if USCIS have already taken action to submit the name check.) It's wise that you're contacting whoever you need to contact in order to keep things in motion, but I hope you'll get a nice surprise, and find out that the name check didn't take long at all.

It's been a long, long road, with many obstacles. I'm praying hard that you'll be attending your oath ceremony SOON!

Blessings to you and yours!

 

[Publicus]

Publicus,

I know things have been going slow for you, and that it's hard to think positively as far as USCIS is concerned. They do have to run a namecheck on your new name, but I want to tell you that I have a hunch that it won't take as long as you think. (That is, if USCIS have already taken action to submit the name check.) It's wise that you're contacting whoever you need to contact in order to keep things in motion, but I hope you'll get a nice surprise, and find out that the name check didn't take long at all.

It's been a long, long road, with many obstacles. I'm praying hard that you'll be attending your oath ceremony SOON!

Blessings to you and yours!

Thank you homeschoolmum. I appreciate your prayers. You are an angel.
All I can say is that the show goes on till the end.

Thank you sony as well for your encouragements.

 

[wafr]

I think you should use every resource at your disposal: 1) Contact the new Cogressperson - it will only take you a few mins to write a passionate letter 2) Give the US Attorney the name of the current Name Check program director - I am sure she would be able to speak to that person as a fellow government employee 3) Use your military connections - talk to your former commanders, get them to talk to their commanders, at some level someone will have the leverage (key is passionate and compelling story). Using these resources would be a just-in-case prudent thing to do.

However, I think that the fact that the USCIS told you they already requested an expedited name check is really REALLY good news. I would trust that information because one of the criteria for expedite is a pending lawsuit - which you have done. From what I've read, expedited name checks are done in a matter of months.

Finally, I've read in some AILA pamphlet that you can petition to hold the case in abbeyance letting the USCIS do what they need to do. This still keeps pressure because the case is pending, but doesn't obligate you to actually go to court yet - or at least that's what I think but you'll have to do your own research on that ...

 

[needsolution]

Publicus,

it is not your responsibility to get your name check completed or expedited. It is either USCIS's responsibility or the US attorney's responsibility to get it completed within the required time frame. You can keep calling FBI or the military and asking them to help and expedite your name check. Bottomline is if USCIS needs to get it expedited, they can get it expedited. And how and why would they need it? A cour order would be good answer to this question. I would let this go to court in front of a judge and let the immigration judge issue an order to FBI to complete their name check within a certain time frame, especially now that you know USCIS is not inclined to fight you back.
I have seen similar orders issued in one of those PDF files of yours.

Here is the deal...Guys, I am back to square 1.

After exchanging numerous messages with the US attorney's office (a sweet lady really), we finally agreed upon a date: January 23, 2006. I was hoping I would become a citizen before the end of 2005 but it just seems impossible at this junction. The US attorney told me that after USCIS received my file last week, they are inclined to grant citizenship subject to the completion of a new name check. You see in 2004 I got tired of waiting on USCIS so I went ahead and legally changed my name. Although my first name check was completed in 2002, they had to do a new name check for the new name. It seems like it is the law and cannot grant citizenship without it. What a story huh! Tell me about it. FYI, I filed a new FOIA/PA for the new name and received a NO RECORDS answer. I sent the results to the US attorney. Also I have NO RECORDS for the old name.

Since Feb 2005 I was spending all my time preparing for World War III just to find out that the name check is pending. Why didn't my interviewing officer say: Look, we're going to have to check your new name. They kept giving me conflicting info, some say your military background check is pending, others say your background check is pending, and some say your G 325B (military biographic form) is pending. Three officers informed me that it was the G-325B that was pending (It happened just last July through an infopass). So I spent a lot of time tracking down this G-325B issue and collecting documents about it. The G-325b was indeed completed, and of course that added to my mistrust of USCIS at the time.

Now according to the US attorney, USCIS has submitted an expedited request but has not received an answer yet. I don't know when the new name check was submitted, and it seems there is no way to find out via the FBI now that all the doors have been closed. The US attorney informed me that because of my excellent military record, USCIS wants to help, but there is nothing to do unless the new name check is completed. Even the US attorney is ready to make some phone calls on my behalf to the FBI but doesn't know who to call. USCIS even asked me to get my military connections involved to expedite the name check. They said my first name check back in 2002 took only 13 days and was expedited because I was trying to attend a military course which required citizenship. They are asking me to use those connections again. Meaning get my military commanders involved.

My questions are and I sincerely need every suggestion and answer:

1. What should I do? Where should I start? I wasn't expecting this at all. I thought I was done with the name check.

2. What phone number should I provide the US attorney with? What FBI authority should she call?

3. It seems like a lot changed since Rahul posted his legendary memo last Jan. I haven't paid much attention to the name check process since Feb of this year. Even the name check supervisor has changed. I spend most of the day reading messages on the name check board and even got a little bit dizzy and confused as I had some 100+ pages to read. Information keeps changing and changing and changing. I couldn't even answer those members who contacted me via PM as I was researching and reading most of the time. Besides I had to prepare some other documents. So please forgive me. I'll try to answer you tomorrow.

4. I called the FBI today but got nowhere. Do you have any new phone numbers, any new names or contacts I can use in this urgent situation? I have a compelling reason. I think they would make an exeption for a War veteran.

5. What do you think about me tracking down my former military commanders? What should I tell them? What person should I ask them to call?

6. Do you think I should involve my new congressman's office? I moved back in August to a new state and did not bother contacting their offices as I haven't seen any results from two former congressmen and also as I was thinking about a lawsuit. In a way, it is the lawsuit that was the catalyst to all this change in USCIS attitude and the genesis of this new promising situation.

6. I truly have 40 days to complete this, otherwise it will go to trial. I don't want it to reach that level at all. But we need to get the FBI working. So please any suggestions are very welcomed.

Finally, to put it in easy words, what would you do if you were me?

Thank you beforehand for your time and valuable opinions.

 

[Publicus]

Publicus,

it is not your responsibility to get your name check completed or expedited. It is either USCIS's responsibility or the US attorney's responsibility to get it completed within the required time frame. You can keep calling FBI or the military and asking them to help and expedite your name check. Bottomline is if USCIS needs to get it expedited, they can get it expedited. And how and why would they need it? A cour order would be good answer to this question. I would let this go to court in front of a judge and let the immigration judge issue an order to FBI to complete their name check within a certain time frame, especially now that you know USCIS is not inclined to fight you back.
I have seen similar orders issued in one of those PDF files of yours.

I agree. I once heard that Doctors can treat everybody except themselves. I guess when it comes to oneself, one tends to become a little emotional. Indeed the FBI has to expedite the namecheck but what's expediting? Is it a day, two, a week, or a month. That's what I'm trying to find out.

You're right regarding the new name check, I still don't understand why USCIS needs a new name check?!?!

 

[Publicus]

Finally, I've read in some AILA pamphlet that you can petition to hold the case in abbeyance letting the USCIS do what they need to do. This still keeps pressure because the case is pending, but doesn't obligate you to actually go to court yet - or at least that's what I think but you'll have to do your own research on that ...

Good idea. I read that somewhere too. Thanks.

 

[bashar82]

I don't have the information in front of me, but you sent me a ruling on 8 USC 1447b petition where the court directed the government (USCIS and FBI) to complete the name check and make a determination on the application within 30 days. So the USCIS and the FBI must have created a mechanism by which to deal with such expedite requirements.

My view on the expedite request is that your name gets put on top of the "to do" list over at the FBI. Hopefully, that means a few weeks at the most as I might be in the same boat in a few weeks.

 

[Publicus]

I don't have the information in front of me, but you sent me a ruling on 8 USC 1447b petition where the court directed the government (USCIS and FBI) to complete the name check and make a determination on the application within 30 days. So the USCIS and the FBI must have created a mechanism by which to deal with such expedite requirements.

My view on the expedite request is that your name gets put on top of the "to do" list over at the FBI. Hopefully, that means a few weeks at the most as I might be in the same boat in a few weeks.

I am familiar with that ruling. The case is Aslam v. USCIS in the central district of California. But I am tired of waiting man. I am not saying the judge will not rule in my favor, but a trial can take up to 6 months. The whole goal of a lawsuit is to settle.

I think what I am drawing from you guys is that I should work this name check matter through USCIS and the US attorney. But how can I do that?

 

[bashar82]

USCIS will not settle until the name check is cleared. The only thing to do is wait until your name check is completed. Keep reminding the U.S. Attorney about the 40 days and it might even help if you mention the many other cases where USCIS somehow manages to get the FBI to complete the name check and naturalize the applicant after the petition is filed. So hang in there, get some attention to your case (i.e. congressmen) and prepare for the next move in January.

 

[Publicus]

USCIS will not settle until the name check is cleared. The only thing to do is wait until your name check is completed. Keep reminding the U.S. Attorney about the 40 days and it might even help if you mention the many other cases where USCIS somehow manages to get the FBI to complete the name check and naturalize the applicant after the petition is filed. So hang in there, get some attention to your case (i.e. congressmen) and prepare for the next move in January.

I guess the question is: How does the FBI reply to a name check? And how long does it take them from the time they receive it till the time they start working on it?

You must love Bureaucracy and the way this monster operates. Once you're stuck in the system, it will take an Act of Congress to get you out. Isn't bureaucracy the most stupid creation human imagination could conceive and achieve. And this is the United States, can you imagine what people in Communist China or the former Soviet Union had to go through with their communist archaic establishment. It must've been a nightmare.

 

[Rahul Kumar]

1. What should I do? Where should I start? I wasn't expecting this at all. I thought I was done with the name check.
From what you say you are all done except for namecheck. If the name comes out clean then it looks like you should have your CZ.

2. What phone number should I provide the US attorney with? What FBI authority should she call?
William Hooton - Asst Director - Records Management Division ,FBI or higher ups


3. It seems like a lot changed since Rahul posted his legendary memo last Jan.

Yes, things have changed but the core is intact. The FBI still takes a long time to process the namechecks and no resolution or plan of action has been put forth to
solve this problem.

4. I called the FBI today but got nowhere. Do you have any new phone numbers, any new names or contacts I can use in this urgent situation? I have a compelling reason. I think they would make an exeption for a War veteran.

Know anyone at the VA (Veterans Affairs ) ? Your biggest advantage is your military record. Have you approached your senator or congressman in this matter ?

5. What do you think about me tracking down my former military commanders? What should I tell them? What person should I ask them to call?

Explain very cleary your anguish and wait. If you feel your commanders have the pull
then get them involved. A phonecall followed up with a letter is perfect!

6. Do you think I should involve my new congressman's office? I moved back in August to a new state and did not bother contacting their offices as I haven't seen any results from two former congressmen and also as I was thinking about a lawsuit. In a way, it is the lawsuit that was the catalyst to all this change in USCIS attitude and the genesis of this new promising situation.

Why havent you sued yet ? What are you waiting for ? If you dont hear back by Jan end 2006 , proceed with a civil action

7. I truly have 40 days to complete this, otherwise it will go to trial. I don't want it to reach that level at all. But we need to get the FBI working. So please any suggestions are very welcomed

Intent to sue or even filing a complaint (lawsuit) will get things worked out. There
is a very low chance of going to trial as you have nothing bad in your background to
hold off CZ.

 

[Publicus]

Why havent you sued yet ? What are you waiting for ? If you dont hear back by Jan end 2006 , proceed with a civil action

7. I truly have 40 days to complete this, otherwise it will go to trial. I don't want it to reach that level at all. But we need to get the FBI working. So please any suggestions are very welcomed

Intent to sue or even filing a complaint (lawsuit) will get things worked out. There
is a very low chance of going to trial as you have nothing bad in your background to
hold off CZ.

Rahul, your insight is always welcomed and refreshing altogether. I did file a FOIA/PA for the new name and received a no records response. So the new name check should not be a problem. I am sorry I wasn't clear enough in my questions. I did in fact file a Petition for a Hearing pursuant to 8 USC 1447(b). The lawsuit is now pending defendants' answer which they have to do by Jan 23, 2006. I've done it Pro Se. The defendants are trying to settle by expediting the name check, which according to the US attorney, they did. But what's funny is that they ask for my help to get the name check cleared. Thus I created this thread to get some ideas and ask for your opinions.
If the name check is not clear by Jan 23, we have to go to court for a status conference and ask the judge to set up a trial date.