santosh_30
Registered Users (C)
Why FBI namechecks are so ominous:
1) there is NO quota unlike retrogression...if FBI wants they can wait for years and still not be accountable...after all its national security at stake!!!!. In case of retrogression, you can at least use some math to figure out WHEN you may get the visa number....
2) there is no way to find out the status of your application
3) There is no agency directly accountable...ask USCIS and they tell you to contact FBI.....ask FBI and they ask you to tell USCIS to expedite
4) There is no FIFO (First In First Out).......people can come in 2 years after you and get their checks done in 2 days....
5) Due to lack of FIFO in FBI name checks...there wont be FIFO for 485 approvals.....E.g., one can come 2 years after you...get his name check done in 2 days...get the 485.....use the visa number that you could have used.....and in turn not only defeat the idea of FIFO but also be the cause of your retrogression (since he used up available visa numbers)
6) While you are waiting in name check with a current priority date the labor certifications in BEC will begin to clear up and Senate will approve comprehensive immigration reform adding millions of applications and pushing your application back even further...(this is such a grim scenario....takes all the motivation out of living)
7) Retrogression and BEC backlogs affect everyone equally...FBI name checks are random....anyone can get caught in them...even if he is innocent......
8) The new procedure of pre-adjudiation is even more ridiculous...basically they pre-adjudicate people who dont have visa numbers so that once the number is available the application can be adjudicated....while a guy stuck in name check just keeps watching as a visa number that he could have used goes to someone coming from far behind in the queue...
So why is it not one of the top agenda on the list? It is buried inside one of the many agenda items.
Reasons:
1) Everyone thinks that it wont happen to them...they may get away
2) Many dont even know that it is an issue until they are 1 year into the name check...then they realize the gravity of the situation
3) There is not enough exposure to the issue which decreases awareness
4) There is an attitude that ...."will cross th bidge when you get to it".....that makes sense for people stuck in previous stages....but is not a proactive approach.....and they will HAVE to face it ayway...so why not do something about it?
What can be done about it?
1) File a Writ of Mandamus against USCIS and they will expedite the namecheck and finish it in 2 months. However...this can be expensive. If done through a lawyer it can take anywhere from 3000 to 12000 dollars. Also, people are afraid that USCIS "will get back at them" for suing them....make their adjudication more difficult and stringent
2) File a class action lawsuit....this can be cheaper....but also slower......Only someone like Immigrationvoice has the organizational setup, the willpower, and the contacts to get this done...all other efforts will fizzle away due to lack of leadership
3) Do premimum processing......Basically USCIS pays twice the fees it pays to the FBI for namecheck to expedite it when one files a lawsuit of some sort and gets it done. Why cant they charge us say 10 time more and get it done(I hear the fee for each namecheck is less than $10 but i may be wrong).
4) Raise awareness of the issue in the mainstream by disseminating the fact that if FBI namechecks take years to complete...then the "bad guys" out there will do what they want to do and get away with it before FBI even finds out about them...this will get attention from all segments of soceity....not just the ones affected by namecheck
Anyway...thas my two cents. I hope we unite on this issue and immigation voice guides us on it.
Santosh
1) there is NO quota unlike retrogression...if FBI wants they can wait for years and still not be accountable...after all its national security at stake!!!!. In case of retrogression, you can at least use some math to figure out WHEN you may get the visa number....
2) there is no way to find out the status of your application
3) There is no agency directly accountable...ask USCIS and they tell you to contact FBI.....ask FBI and they ask you to tell USCIS to expedite
4) There is no FIFO (First In First Out).......people can come in 2 years after you and get their checks done in 2 days....
5) Due to lack of FIFO in FBI name checks...there wont be FIFO for 485 approvals.....E.g., one can come 2 years after you...get his name check done in 2 days...get the 485.....use the visa number that you could have used.....and in turn not only defeat the idea of FIFO but also be the cause of your retrogression (since he used up available visa numbers)
6) While you are waiting in name check with a current priority date the labor certifications in BEC will begin to clear up and Senate will approve comprehensive immigration reform adding millions of applications and pushing your application back even further...(this is such a grim scenario....takes all the motivation out of living)
7) Retrogression and BEC backlogs affect everyone equally...FBI name checks are random....anyone can get caught in them...even if he is innocent......
8) The new procedure of pre-adjudiation is even more ridiculous...basically they pre-adjudicate people who dont have visa numbers so that once the number is available the application can be adjudicated....while a guy stuck in name check just keeps watching as a visa number that he could have used goes to someone coming from far behind in the queue...
So why is it not one of the top agenda on the list? It is buried inside one of the many agenda items.
Reasons:
1) Everyone thinks that it wont happen to them...they may get away
2) Many dont even know that it is an issue until they are 1 year into the name check...then they realize the gravity of the situation
3) There is not enough exposure to the issue which decreases awareness
4) There is an attitude that ...."will cross th bidge when you get to it".....that makes sense for people stuck in previous stages....but is not a proactive approach.....and they will HAVE to face it ayway...so why not do something about it?
What can be done about it?
1) File a Writ of Mandamus against USCIS and they will expedite the namecheck and finish it in 2 months. However...this can be expensive. If done through a lawyer it can take anywhere from 3000 to 12000 dollars. Also, people are afraid that USCIS "will get back at them" for suing them....make their adjudication more difficult and stringent
2) File a class action lawsuit....this can be cheaper....but also slower......Only someone like Immigrationvoice has the organizational setup, the willpower, and the contacts to get this done...all other efforts will fizzle away due to lack of leadership
3) Do premimum processing......Basically USCIS pays twice the fees it pays to the FBI for namecheck to expedite it when one files a lawsuit of some sort and gets it done. Why cant they charge us say 10 time more and get it done(I hear the fee for each namecheck is less than $10 but i may be wrong).
4) Raise awareness of the issue in the mainstream by disseminating the fact that if FBI namechecks take years to complete...then the "bad guys" out there will do what they want to do and get away with it before FBI even finds out about them...this will get attention from all segments of soceity....not just the ones affected by namecheck
Anyway...thas my two cents. I hope we unite on this issue and immigation voice guides us on it.
Santosh