Why FBI name checks are worse than retrogression and deserve more or equal attention

S

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
 
santosh_30 said:
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
Click to expand...


Thats a very well written and passionate submission. Actually, very few things posted on the forum trigger a response from me (laziness/resignation to fate) but this outcry touched my heart. Was caught in the claws of namecheck myself up until 2 months ago (apparently) and I am told am not any more. My story: after applying for I-485 in Nov 2004, USCIS forwarded my application for namecheck to FBI where it stayed for a good 14 months before being cleard in Feb of 2006, I got this information through a case inquiry done by staff of my state senator. I am still waiting for my approval since the namecheck delay led to application delay and further delay now due to retrogression, PD, EB-2 July 18th 2003.
 
I'm sure this must have been discussed somewhere on this board, but I can't seem to find it.

How do you know if you're stuck in name check?
 
How do you know?

This is quite important for those of us sitting on a pending 485.

How does one know about the name check situation?

Perhaps if more of us knew even that we were stuck in name check it would provoke a bigger outcry, and help to streamline what appears to be an archaeic process more driven by luck and chance than by procedure and protocol.
 
I am not sure how to find out the staus of this Name Check. My PD has become current on May 1st. I wanted to give some time before I call USCIS. But following the forum, it looks to be just a waste of time and unnecessary depression finding out you are stuck in the Namecheck. It's all over the forum that there is no way we can expedite, be it through an AILA enquiry or thru Congressional enquiry. so what is the purpose of even doing an inquiry.

My wife called them about 7 months ago, just when the USCIS processing date became current. They said they would get back to us in 30 days and sent a reply the next day that Mandatory Security Checks have to be clear. Then my priority date atleast was not current and I did not care. Now, my priority date is current but am not sure what to do.

My law firm is Rajiv's firm itself and an attorney there handles the case. I left a message for him on Friday, hope to hear from him this week. Probably he can guide me. But, knowing the attorney's here they give some of the most conservative opinions. I am not sure they would give any better advise than what we get in the forum.

Meanwhile any one on the forum has any advise for me. Please let me know.

My details
Category EB2 NSC
PD Jul2nd 2002
I140/1485 RD 03/16/05
I140 AD 06/05
on my 2nd EAD now.
 
Hi:

I have been stuck in name check for 1 year. I didnt care much before since my priority date was not current. But now my PD is current (May 2002) and people who applied I-485 after me (I applied in April 2005) are getting approved while I am stuck in namecheck. And before i know the PD will retrogress again. See my detailed story below.

I came to this country (from India) in 1994 an thereafter obtained my Masters degree. I have been in this country for almost 12 years now (legally) but I still do not have permanent residency (green card). I would like to go back to school but wont want to do that without completing my GC process. I experience limitations in travel to meet my family back in India.

I began my green card process in May 2002 (INS is to blame for why I started so late...that is another story) and its now been more than 4 years that I am waiting for the green card. My priority date is current (May 2002), I am EB-2 and my I-140 is approved.

My case is stuck in the FBI namecheck process for more than a year. I did a FOIPA (Freedom of Information and Pivacy Act) request with the FBI which shows no records. I have made inquiries with FBI (FBI Asst Director Mr. William Hooton, FBI Analyst Diane Berger) but I have not been able to get the status of my case. I have also made inquiries through Senators (Senator Diane Feinstein-Democrat California and Senator Bill Morrow-Thirty-Eighth Senatorial District, California Legislature) but all they can do is tell me that my case is pending, which I already know. They say they cannot expedite the case. I have sent an inquiry to USCIS Ombdsman Mr. Prakash Khatri but have not received any response from him. I had an infopass appointment yesterday to meet an immigration officer but she just told me that my case is pending and may take years.

Santosh
 
gcnohope said:
I am not sure how to find out the staus of this Name Check. My PD has become current on May 1st. I wanted to give some time before I call USCIS. But following the forum, it looks to be just a waste of time and unnecessary depression finding out you are stuck in the Namecheck. It's all over the forum that there is no way we can expedite, be it through an AILA enquiry or thru Congressional enquiry. so what is the purpose of even doing an inquiry.

My wife called them about 7 months ago, just when the USCIS processing date became current. They said they would get back to us in 30 days and sent a reply the next day that Mandatory Security Checks have to be clear. Then my priority date atleast was not current and I did not care. Now, my priority date is current but am not sure what to do.

My law firm is Rajiv's firm itself and an attorney there handles the case. I left a message for him on Friday, hope to hear from him this week. Probably he can guide me. But, knowing the attorney's here they give some of the most conservative opinions. I am not sure they would give any better advise than what we get in the forum.

Meanwhile any one on the forum has any advise for me. Please let me know.

My details
Category EB2 NSC
PD Jul2nd 2002
I140/1485 RD 03/16/05
I140 AD 06/05
on my 2nd EAD now.
Click to expand...

Hi gcnohope:

Can you please tell me who did you contact and the format of your inquiry with AILA? That is the only option I have not tried so far.

Thanks,

Santosh
 
I am glad to see some of the responses and also surprised to realize how little is known about namecheck...even for people who have applied for I-485.

Please see the attached post on what one can do if stuck in name check and what Rahul Kumar did to get his done.

Also attached is a link on USCIS website on what exactly is namecheck. I think they are severely underestimating the number of people stuck in name check. Bu then again what else can we expect from them.

http://boards.immigrationportal.com/showthread.php?t=136848

http://www.uscis.gov/graphics/publicaffairs/factsheets/security_checks_42506.pdf
 
Hi Santosh,

I think AILA inquiry should be initiated thru your Attorney. Contact him and see if he can do something about it. The little information, I have on Immigration is only thru this forum and I guess any good Immigration Attorney wuold be able to do it. But, I think it will be similar to the congressional inquiry and they too have no means to expedit it. But, finding out won't hurt. I am also waiting to talk with my attorney to see what he says. Anyway good luck on your GC.
 
That's right. Namecheck is a black hole with no FIFO, no tracking whatsoever. And when much expected immigration reform a.k.a. amnesty triggers 11 million name check requests there will be no way out.
 
vic_m said:
That's right. Namecheck is a black hole with no FIFO, no tracking whatsoever. And when much expected immigration reform a.k.a. amnesty triggers 11 million name check requests there will be no way out.
Click to expand...
One thing probably we have not tried is writing to FBI and Senate judiciary committees collectively. I am not sure how far it helps..it is worth trying I guess.
I think those who are here illegally..will clear their name check within an hr!! (becasue of no record!!!!!!!!)..
what a stinking system!!! :eek:
 
posmd said:
This is quite important for those of us sitting on a pending 485.

How does one know about the name check situation?

Perhaps if more of us knew even that we were stuck in name check it would provoke a bigger outcry, and help to streamline what appears to be an archaeic process more driven by luck and chance than by procedure and protocol.
Click to expand...

If your PD is current..you can initiate an enquiry with USCIS.
Another way is to contact elected representative..request them to write to FBI and they normally get a response within a month.
Good luck!
 
how do you know that you got stuck in name check

how do you know that you got stuck in name check?

Was the status in USCIS website mentioned anything about this ? Was it changed after your PD became current ?


santosh_30 said:
Hi:
I have been stuck in name check for 1 year. I didnt care much before since my priority date was not current. But now my PD is current (May 2002) and people who applied I-485 after me (I applied in April 2005) are getting approved while I am stuck in namecheck. And before i know the PD will retrogress again. See my detailed story below.
Santosh
Click to expand...
 
Guys:

Please visit this thread. We have begun efforts to get organized about this FBI name check issue and create a petition with signatures to send to FBI, USCIS, Senators, President, etc.

Please put your name if you are affected and pledge support. Your help is NECESSARY. Without it we cant show that a lot of people are trapped in the name check black hole.

http://immigrationvoice.org/forum/showthread.php?t=898
 
santosh_30 said:
Guys:

Please visit this thread. We have begun efforts to get organized about this FBI name check issue and create a petition with signatures to send to FBI, USCIS, Senators, President, etc.

Please put your name if you are affected and pledge support. Your help is NECESSARY. Without it we cant show that a lot of people are trapped in the name check black hole.

http://immigrationvoice.org/forum/showthread.php?t=898
Click to expand...
Thanks Santhosh for taking the initiative..I have just replied to that thread..
Good luck,
 
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