Very UNUSUAL situation (N-400). And you thought you've seen it all!

[someone_from_md]

Hello friends, I am not looking for a legal advice (not at this point), but rather for useful suggestions. Let me describe the situation, and if you will feel like you can suggest something, please do so. I appreciate your input very much!


First N400 was filed in 2005 (based on marriage), 150 something days after the interview the person files WOM (in July 06) and three weeks later receives a letter from CIS that states basically that the applicant is not eligible as the application was filed 20 days earlier that it's required by law. I know, the person screwed up bad, but why the IO didn't notice it at the time of the interview? Also, when the application was originally received and entered in the CIS system, how come it wasn't checked thoroughly? I am thinking it's serious negligence on CIS part as well (let's forget about an applicant's negligence for a moment). Anyway, name check was expedited and arrived to the CIS in August of 2006. The person files the N-400 again in October 2006, this time hoping that with name check being completed, it shouldn't take long. Unfortunately, the second case is stuck due to ... you guessed it right - name check. Only this time there was no interview - CIS is not scheduling them anymore until they receive the name check from FBI. After trying all sort of inquiries and requests, a letter from FBI arrives and it states that the name check was completed in August 2006 - 2-3 months before the second N-400 was filed. At this point it's not even clear whether the second name check was requested by CIS. It probably was, but how come it's not mentioned in the letter from FBI? Meanwhile CIS keeps saying that they await for the name check (we called the toll free # and visited InfoPass).
I think CIS will insist that the second name check was supposed to be completed since it's a new application, although this completed name check was only 2-3 months old when the second N-400 was completed. I am trying to find step-by-step instructions as to how CIS handles N-400 applications upon their arrival to the SC. I'm also thinking we can contact CIS and try to explain the situation (what are the chances they will care?

Here is my question - how do you think we can try and persuade CIS to accept the name check and process the second application ?


If anyone has any suggestions regarding the possible steps that could be taken, I'd really appreciate it. Please please do not post questions that aren't related to the discussion. Please please do not post your comments about the applicant, it's not going to help!

Thanks in advance!!!!

 

[brb2]

I have 3 observations:

1. USCIS can decide at any stage a fault in your application. USCIS not having timely detected a fault that YOU made does not right a wrong, nor does that error confer any subsequent priviledges to you because you were never entitled to these priviledges in the first place.

2. Receiving a report from FBI does not mean your name check is clear. There are several background checks that are performed and FBI may provide an intial feedback and may send a full report later. You are assuming here that all your security checks were done to the full satisfaction of USCIS.

3. You can not convince USCIS to "accept" the old name check because as I said the security checks in your case may never have been completed. You don't have any proof of the matter do you?

Sorry if you were looking at a different answer, I am looking at it from the USCIS perspective and my observation as to how they generally conduct their business.

Hello friends, I am not looking for a legal advice (not at this point), but rather for useful suggestions. Let me describe the situation, and if you will feel like you can suggest something, please do so. I appreciate your input very much!


First N400 was filed in 2005 (based on marriage), 150 something days after the interview the person files WOM (in July 06) and three weeks later receives a letter from CIS that states basically that the applicant is not eligible as the application was filed 20 days earlier that it's required by law. I know, the person screwed up bad, but why the IO didn't notice it at the time of the interview? Also, when the application was originally received and entered in the CIS system, how come it wasn't checked thoroughly? I am thinking it's serious negligence on CIS part as well (let's forget about an applicant's negligence for a moment). Anyway, name check was expedited and arrived to the CIS in August of 2006. The person files the N-400 again in October 2006, this time hoping that with name check being completed, it shouldn't take long. Unfortunately, the second case is stuck due to ... you guessed it right - name check. Only this time there was no interview - CIS is not scheduling them anymore until they receive the name check from FBI. After trying all sort of inquiries and requests, a letter from FBI arrives and it states that the name check was completed in August 2006 - 2-3 months before the second N-400 was filed. At this point it's not even clear whether the second name check was requested by CIS. It probably was, but how come it's not mentioned in the letter from FBI? Meanwhile CIS keeps saying that they await for the name check (we called the toll free # and visited InfoPass).
I think CIS will insist that the second name check was supposed to be completed since it's a new application, although this completed name check was only 2-3 months old when the second N-400 was completed. I am trying to find step-by-step instructions as to how CIS handles N-400 applications upon their arrival to the SC. I'm also thinking we can contact CIS and try to explain the situation (what are the chances they will care?

Here is my question - how do you think we can try and persuade CIS to accept the name check and process the second application ?


If anyone has any suggestions regarding the possible steps that could be taken, I'd really appreciate it. Please please do not post questions that aren't related to the discussion. Please please do not post your comments about the applicant, it's not going to help!

Thanks in advance!!!!

 

[Bobsmyth]

USCIS likely sees both applications as separate, and their procedures tie the separate name check to the application, not your name. I think it would be next to impossible to persuade them to change their procedure on this, no matter how many arguments you present. You may want to bring your case up with the USCIS Ombudsman to demonstrate the inefficiency in the process.

 

[Unknown111]

Hello friends, I am not looking for a legal advice (not at this point), but rather for useful suggestions. Let me describe the situation, and if you will feel like you can suggest something, please do so. I appreciate your input very much!

Ever heard "good enough for government work"? Your story depicts the lack of coordination well between these two public agencies. Similar situation won't happen in the private sector.

 

[someone_from_md]

2. Receiving a report from FBI does not mean your name check is clear. There are several background checks that are performed and FBI may provide an intial feedback and may send a full report later. You are assuming here that all your security checks were done to the full satisfaction of USCIS.
Thanks a lot, brb2, for your input!

Let me reply to your comment by quoting the letter: "... a review of the FBI's name check program database revealed that your request was received from USCIS on XX,XX,XXXX. This submission was processed and finalized om X,X,XXXX. The results were forwarded to the USCIS Headquarters".

Besides, back when WOM was filed, assistant attorney (or whatever they're called) confirmed that the name check was completed by the FBI. So let's just assume that the name check that we speak about is the name check.

 

[someone_from_md]

USCIS likely sees both applications as separate, and their procedures tie the separate name check to the application, not your name. I think it would next to impossible to persuade them to change their procedure on this, no matter how many arguments you present. You may want to bring your case up with the USCIS Ombudsman to demonstrate the inefficiency in the process.

Thank you Bobsmyth!
I hope the name check is tied to the A#.... But you're probably right

 

[Jackolantern]

As described in their "transformation" report, one of the major inefficiencies was in how their processes and systems are application-centric rather than person-centric. You apply for one benefit after already having applied for others in the past, and they keep asking for or researching the same information over and over. Or a company filing multiple I-140s has to provide their financial info again for each, instead of USCIS simply being able to refer to the data already submitted for another recent application.

So if you file one I-485 based on marriage and then get divorced right after the name check completes but before approval, then immediately file another I-485 based on employment, they still do another name check because their process and result is tied to the application, not the person.

 

[brb2]

OK, now that you have provided a bit more information with the dates on the "finalization" aspect, I would suggest you check the number of days betweeen this date and your new application ND. If this is less than 120 days then, I don't think name check is the problem here. I am quoting FBI name check policy from their own web site:

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



{A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency}

2. ....
Let me reply to your comment by quoting the letter: "... a review of the FBI's name check program database revealed that your request was received from USCIS on XX,XX,XXXX. This submission was processed and finalized om X,X,XXXX. The results were forwarded to the USCIS Headquarters".

Besides, back when WOM was filed, assistant attorney (or whatever they're called) confirmed that the name check was completed by the FBI. So let's just assume that the name check that we speak about is the name check.

 

[someone_from_md]

OK, now that you have provided a bit more information with the dates on the "finalization" aspect, I would suggest you check the number of days betweeen this date and your new application ND. If this is less than 120 days then, I don't think name check is the problem here. I am quoting FBI name check policy from their own web site:

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



{A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency}

Name check completed on Aug 1, 2006
Second application received by CIS - Sept 27 2006
Fingerprints done on Oct 13 2006