WOM experts - URGENT - need help asap!

vik30000

Registered Users (C)
hi all,

ok one of my friends filed WOM, 485 pending for 3 yrs. Now 485 is approved but namecheck still pending. (due to the new namecheck memo). One of the requirements of WOM was namecheck should be cleared.

1. Should he continue with WOM since namecheck is not cleared?
2. or just be happy he got GC and move on with life?

pls post your comments asap!
 
FBI name check is not required by law so court cannot force its completion. However, I would continue WOM and ask for backdated GC.
 
One of the requirements of WOM was namecheck should be cleared.
That was never a requirement; in fact, many people filed WOM because their name check was NOT cleared for years.

Now the completion of name check is not required for GC approval, so go ahead and file WOM if the PD is current and has been current for at least the past couple of months. The court can't force the completion of name check, but they can force the adjudication of the I-485.
 
It depends on how you ask for relief in your case. The APA provides provision to grant such a relief(unlawfully withheld action). Also estoppel claims if granted by court can provide such relief. I agree no case has been granted before on such grounds.. but the claim for relief has been granted in related cases before.
Providing estoppel is difficult.. but not impossible.

No provision for backdating would be a problem only if INA or statutes clearly state that it is not possible. for example,
statute clearly states DV lottery visa numbers valid only for 1 fiscal year OR
statute clearly states five years of residency required for citizenship.
That is not the case for not granting backdated GC. Asylum based GC get a backdated GC(1 year prior).
Remember, our prayer for relief is govt be estopped from denying us GC benefits as of a earlier date. That it is the right relief
for Govt actions/inactions regarding 485 applications.
The main issue is how the visa numbers will be used. If backdated GC goes into a prior fiscal year and visa numbers in that fiscal year were unutilized, then USCIS can be forced to use that visa number. Remember only lottery based visa numbers have a time-limit by statute. family based and employment based dont.



The INA has no provisions to backdate the GC in this case, so the courts cannot compel USCIS to do this. The WOM is likely to now be dismissed.
 
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I just missed the point that the 485 in the original post is approved. With the GC being approved, there is no basis for WOM ... except maybe if the name check is still pending 5 years later when applying for naturalization and they don't want to accept the naturalization application because of it.
 
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