What are my options with name check issue.

S

Sams68

Registered Users (C)
Hello All,
I passed the interview however the IO told be that the decision can not be made because my name check is not cleared yet. He said it usually takes on average between 15day to 4 months and could go for a year or more.
Also, He told me that they may call me to come back to ask few questions in around 4-8 months to clear some issues, if any. Does he see something I don't know about? Why he said between 4-8 months, is there any law limitation and something need to be done within this period??

What shocked me is that my first-last name is very unique; however my middle name is very very common. Do they go with the first-last name only or they try every combination? Please let me know.

I lived/worked in many countries between Europe, ME, Africa Prior to last 10 year in which I strictly lived in the USA. Is that could be a scenario they look at? I got for INS my FP reports from each country I lived in the past when I did my green card and my adjustment of status was exceptionally fast "around 3 months".
I am optimistic that my name check will be cleared in the next three months.
Please share with me your thought and guide me to my options.
Thanks,
Sams68
 
What should I do!!!

All,

Here is my timeline.

Applied: 08/16/2004
Name Check Initiated: 09/03/2004
Fingerprint: 02/10/2005
Interview: 08/10/2005 (passed)
Oath: ????

Due to name check pending unable to take oath on sameday. Its been more then 20 months since initial name check initiated and more then 9 months after interview still no clue.

Wrote to congressman, senetor, Infopass, wrote to Lady who took my iinterview nothing, everytime i here same answer, background pending (same meaning name check).

I have no clue what should i do, writ of M will work? Could you help me or anyone who did it myhimself or herself or any knowledgeable lawyer in DC metro area? I am in virginia.

Please please need all the help possible in this forum from anyone.
 
I truly believe that there are two types of your Name check resolutions: (1) lucky - 2-3 months and (2) black hole itternity.

From what I heard and read so far, there is no time frame between 3 months (lucky) and itternity (black hole). So, if your case is not resolved within 3 months, you have only two choices: either withdraw your case and resubmit two months later and do a lot of praying, OR file a Writ of Mandamus. I did the latter. It's worth the money, believe me. The only thing I feel sorry about is that I haven't done it sooner. I should have done it on the 121st day after the interview, not to wait for 1.5 years, visit those fat pompous senators and congressmen, write letters to FBI and USCIS, and all that bull crap.

Once you are in the black hole, you are in the blackhole: your file is used as a coaster for morning coffee and donuts, your picture is used as a target for darts, your N400 application folded four ways is used to support one of the legs of the table to prevent it from wabling, and certified translation of your birth certificate is used to wrap up a second half of the sandwitch to take home (I mean that uneaten sandwich is much more important than your certified translation, you know).

This process some time reminds of the movie Nothing But Trouble with John Candy as a judge in some small perverted place where the offending drivers get in but never get out. If you haven't watched it yet, watch it, it's a classic. Now in your mind just do a twist and imagine that John Candy is playing an FBI chief in charge of your name check. Ouch! I see dead people......
 
Hello All,
I searched the FBI web site and USCIS and found the hereunder important document, review for your benefit:

http://www.fbi.gov/hq/nationalnamecheck.htm
http://www.fbi.gov/congress/congress03/garrity071003.htm
http://www.uscis.gov/graphics/publicaffairs/factsheets/security_checks_42506.pdf

As it states in the 2nd document, it looks like they search every combination of your name to find a hit in primary and reference files and if any hit found a manual process will be initiated to review these hits.
Name example:
John Michael Goodman.
I believe the following name searches will be conducted:
John Michael Goodman.
John Goodman.
Michael Goodman.
Michael John Goodman.
Goodman Michael.
Goodman John.
Goodman Michael John.
Goodman John Michael.
Etc.
Then it will look for spelling variation for any name: for example Michael could be spelled as Micheal and the whole process will be done again.
So, if you are from China with names like LU or Xiang etc or from middle east with names such as Ahmed or Mohamed etc. there is a very high chance a name hit will happen and that will initiate the manual process then good luck for you.
Names like Ahmed, John, Mohamed, Abraham, LU, and KUMAR are in millions.

The above opinion is my personal opinion and has no knowledge on how the actual process works and I don't want to know. However I thought this should be beneficial for all of us to know so you can adjust your expectations according to your name combination.
 
For Sams68 and TheRock20148 I suggest that you start reading this:

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

These may be your options.

As for meshmesh, I don't think is any racism involved (I was myself in the Name Check mess for over 2 years) since the people stuck in the FBI's Name Clearance are from all over the world, white, black, brown, etc. any religion and any nationality. And there are many cases where spouses coming from the same country, same race, same religion, etc. apply together, and one gets naturalized and the other one is stuck for years in the Name Check.
 
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Suzy977 said:
For Sams68 and TheRock20148 I suggest As for meshmesh, I don't think is any racism involved (I was myself in the Name Check mess for over 2 years) since the people stuck in the FBI's Name Clearance are from all over the world, white, black, brown, etc. any religion and any nationality. And there are many cases where spouses coming from the same country, same race, same religion, etc. apply together, and one gets naturalized and the other one is stuck for years in the Name Check.
Click to expand...

For Suzy,
Do you really think there is no racism involved? Could you tell me then why about99% from the people stuck in the name check pullshit are men’s?
Why people from Middle East get very special attention?
I my self from M.E. I have been here for more than six years. I am a scientist, have an MBA from American university. Traveling allover America every month because of job. I never been stopped at any airport before, which means that my name is not on their list. So why I am stocked in the N.C crab...
I tell you what, if there is no racism involved, there is a kayos. Those people(FBI & USCIS) are not doing there jobs, and they need to be fired. Their positions are very sensitive, and since they cant doing it right, they need to go to work for McDonalds or KFC, that is the proper place for them
 
I don't think one could call delays for name check as due to racism.

May be they are extra careful for people from Middle East. Because the the guys who screwed the US on 9/11 were guys from the middle east. Maybe, the middle east people have the most common names like some on mentioned above Ahmed, Mohammad etc. More over, imagine if the FBI ever clears some one for immigration benefit who is on the terror list what the resulting chaos would be.
FBI needs more resources and unfortunately immigration benefit is not on the high priority list for them.

I do feel sorry for those stuck up in this hole. There are 12 million illegals in the country and no one cares a rats xxx about them, and we have over half a million legal immigrants stuck in this hole. What a farce!! We continue to focus on the people flying in to the US, because that is how the 9/11 terrorists came in. The southern borders are wide open for anyone who pays money to the Cayotees to walk in.

Hopefully all the highly skilled and educated law abiding immigrants caught up in the name check process will be cleared on priority.



meshmesh said:
For Suzy,
Do you really think there is no racism involved? Could you tell me then why about99% from the people stuck in the name check pullshit are men’s?
Why people from Middle East get very special attention?
I my self from M.E. I have been here for more than six years. I am a scientist, have an MBA from American university. Traveling allover America every month because of job. I never been stopped at any airport before, which means that my name is not on their list. So why I am stocked in the N.C crab...
I tell you what, if there is no racism involved, there is a kayos. Those people(FBI & USCIS) are not doing there jobs, and they need to be fired. Their positions are very sensitive, and since they cant doing it right, they need to go to work for McDonalds or KFC, that is the proper place for them
Click to expand...
 
brb2 said:
I don't think one could call delays for name check as due to racism.

May be they are extra careful for people from Middle East. Because the the guys who screwed the US on 9/11 were guys from the middle east. Maybe, the middle east people have the most common names like some on mentioned above Ahmed, Mohammad etc. More over, imagine if the FBI ever clears some one for immigration benefit who is on the terror list what the resulting chaos would be.

Do you really think a terror would apply for U.S citizenship. :eek:
this system was created to block certain natinalities of being a U.S citizen. that is the truth, and however do want to belive this it is up to him.
we are here strugling for our applications, and thoes people watching our posts and laough about us. they dont give a crab ass about our families they are waiting for our naturalization certificate.
i remember there was a guy here, i think he is an engneer, very succesfule in hiss company, and have 2 twins with his wife back home. his wife is calling him evryday after the mail time waiting for his oath letter, and evryday he is repeating to her:not yet honey.
can u explain that to me please? :mad:
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meshmesh said:
For Suzy,
Do you really think there is no racism involved? Could you tell me then why about99% from the people stuck in the name check pullshit are men’s?

Because most of the individuals on FBI's "hit list" are men.
And when the computer signals a "hit" they have to do the check manually.

Why people from Middle East get very special attention?

Unfortunately the similar names generate a "hit" and since many people from Middle East share similar names...
Also, is no secret that FBI terrorist list consists of many individuals with ME origin or ME name sonority...

On the other hand, there are thousands and thousands of people from China, India, Eastern Europe who are stuck in the Name Check...I don't think those people have much in common with ME people so we can generalize that is a racist pattern.

I tell you what, if there is no racism involved, there is a kayos. Those people(FBI & USCIS) are not doing there jobs, and they need to be fired. Their positions are very sensitive, and since they cant doing it right, they need to go to work for McDonalds or KFC, that is the proper place for them

Yes, here you are right...I agree with you, it's a chaos and incompetence, laziness and non-professionalism are at the root of this problem.
Click to expand...
 
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Do I think it is racism? I can't have an answer for this because I don't know.
Is it fair to keep many people from ME or china into Name check Black hole? Absolutely not and here under is why:
1) All the people committed 911 were from outside USA and these people had their political agenda which I believe has no religious connection as it looks, I know many people don't agree with that statement but it is reality and true.
2) All those people "who stuck in NC" went through back ground check, name check and most importantly the CIA check before getting their Green cards, so the name check should review the changes since you got their GC only not from the beginning.
3) The way the name check is done seems to unfairly treat people with common middle names more than the people with common first and last name. Middle names in many countries are the name of the applicants parent, grandparent and is not really his/her name. And because in name check they use every name combination, they are looking for the applicant father's and grand father's name which absolutely unfair.
4) I believe most people from ME they use at least four names "Family tree", which create many name combination to look for, I believe the following equation is correct:
Possible name combination = (# of names) ^ (# of names-1). I.e. if your name consist of 4 names then the combination will be (4) ^3=64
5) Many Chinese have only first and last name and with 1.4 billion the chance is very high that there is a criminal with that same name, so the reason why Chinese get stuck in name check is different than the M.E. people.
This is my personal opinion and I have no area on how the actual system works.
Am I going to sue after 120 days from the interview? It is possible however I am having hopes that this issue will be behind me within that period. I still have trust and believe the system here is good.
Best regards,
 
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Suzy, thanks for your realistic answers.
let me just correct you in somthing,
M.E names are like any names. alot of people have a first or last name as Mohamed. same like americans, a lot of thier names starts or ends with John, Smith or your friend name,JeoF.
the whole argument here is not the names, It is about the system it self. This Name check process is Absolutely crabby. For the following reasons:
1. No terror here in the U.S will apply for immigration benefit. If he’s here in the U.S., why he needs to expose his self, information, address to the government’s officials. Unless he want to be legal and pay his taxes.
2. As Sam is saying, when we applied for G.C before we applied for citizenship, I assumed we went through hill of background check before getting approved for the GC. So our background, education, criminal history was searched thoroughly.
3. I answered all of their concerns regarding criminal history, employment, etc in the application. If know if I lay, I would be denied.
4. this superman, big brain how suggested the name check process by its different names combination(middle, last, first and so on)he never thought about all this delays this system would generate, and how it would affect our life’s.
5. And this is for the U.S government. Before you guys going crazy trying to solve 12 million illegal criminals problem, try to work on our problems as legal immigrants with the CIS
 
meshmesh said:
And this is for the U.S government. Before you guys going crazy trying to solve 12 million illegal criminals problem, try to work on our problems as legal immigrants with the CIS
Click to expand...

I agree 101% with you on this ;)
 
Hello All,
I have a question to the people who have a name check issue, did the IO tell you that they may call you to go back between 4-8 month to ask some questions to clear some issues/your file, if any.
That was exactly what the IO told me, that my name check is pending and they may call me between 4-8 to ask few questions to clear my file and get my oath. Can the IO initiate some other checks while you are at the interview like USCIS check or something, please let me know. IO acted like the name check is a minor issue and will be solved quickly.
Thanks,
Sams68
 
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