My name checked has been initiated since October 2003 and on 10/27/2006 i files a Writ of Mandamus and they were suppose to respond by 12/27/2206 and this morning I spoke with the U.S. Attorney and he has asked for a thirty extension in order to allow for the FBI to complete the background check.
What do you guys think of this?is there hidden behind the 30 extension or is it normal.
Any Input will be appreciated.

Normal -- probably wants to get FBI to process name check so they don't have to put in time to defend the case.

quote:

Originally posted by der:
My name checked has been initiated since October 2003 and on 10/27/2006 i files a Writ of Mandamus and they were suppose to respond by 12/27/2206 and this morning I spoke with the U.S. Attorney and he has asked for a thirty extension in order to allow for the FBI to complete the background check.
What do you guys think of this?is there hidden behind the 30 extension or is it normal.
Any Input will be appreciated.

I'm not sure why you would question the request for an additional 30 days. It appears to me that your Writ has initiated some movement on the case. Sounds to me like it is working! Hang in there

i just received notification for an interview again .The 30 days extension supposed to expired on 01/27/2007 and the second interview letter is for 01/22/2007.
What do you guys think of this interview letter again???

Finally.....
I was stuck in this Name Check since 2003 and i file Mandamus on OCT 2006 and was called for a second interview on 01/22/2007 and was approved and on 02/03/2007 i received my Green Card in the mail...

congratualtion
i am very happy for successive stories, but I need to know how long have you been stuck for name checking? i mean the administrative processing ( background checking) is it for 3 years and you have not heard from them from 03 to 06 please answer me and also please put your experience on the web site to help us

thank you

said

what is Writ of Mandamus
just explain please

is name check same as the administrative processing ( background check)?
I am waiting for the background check for like 6 month now should I use what you guys call Mandamus or Writ of Mandamus????

help me guys to do the right thing.

Said

Here's what writ of mandamus entails to in layman's term:
http://www.visalaw.com/05feb3/2feb305.html

I'm not in favor of this unless all other resources have been extinguished. If you haven't enlist the assistance of your congressman, now will be a good time to do so.

Hello,

Mandamus should only be used after you have tried different routes. There are an increasing number of such lawsuit filed. Reason is that most of the cases for Naturalization that don't get a 120 resolution are mostly stuck in a black hole. Reason for delays are never given so people get sick of hearing 'Pending case due to background checks'. Tehre is only so many times you can hear that without any details.

Almost all WOM cases I have heard that were filed made USCIS go look into the case straight away. I know at least 4 people doing WOM. A week after it was filed with the district court, they got a second fingerprint notice etc. Those same people would never have gotten anything if they didn;t do a WOM. It's sad that people have to do lawsuit to get relief.

USCIS lists that 99% of cases are resolved in 120 days. Lately they changed it to 94%. My point is if there is anything holding a file, the person should know the reasons. The district offices don't know jack; all they tell you is what they see on their screen so an infopass is 99% useless and a waste of time.

So people waiting have to come up with $2500 to $6000 to do a WOM.So far those 4 people had to get loans to pay for the fees. They are all law abiding citizens with green cards. They have waited for 1-3 years on their applications. One of them had a hardship. Follwing their lawsuits, they waited 3 more weeks and they were all sent oath letters. The reason as to why their cases were being held were never known. They however had to re-do their fingerprints.

That's to say, they love this country and only did the WOM to get a relief after they have exhausted all their avenues.

Just Curious - Are Writs of Mandamus used in K3 cases? If so, with whom would you file it against? Would it be the embassy? USCIS? NVC? Department of Homeland Security? It looks to me that people applying for greencards or change of status get stuck waiting the longest. Is this a correct observation?

Actually most people who file Writ of Mandamus are for citizenship cases. There is a law that states the decision regarding the citizenship has to be decided within 120 days of interview, and that's the clause they use. I've never heard of a case in which the lawsuit was successfully filed because of delayed visa issue.

I didn't think it was for a Visa Issue but in all the forums I have read, nobody has every stated if it was for citizenship, visa, greencard, so I got curious. My husband and I have only been waiting 12 weeks for his security clearance for his K3 visa. It just SEEMS like an eternity because he is outside the US and I am here. Good luck to ALL!!

So, is this sure, that the writ of mandamus is not for K3 visa?

so does the poeple who are applying for k3 visa go through the name check ? if yes and if it takes that long, what cand we do to go forward?
I am under that admin. processing for 8 monthes now.

rsexmm

Thank you very much for your way to explain every point with patience and care. I am impressed. thank you very much, and yes please keep me posted.

Hello Everyone,
Here's a list of my questions. I hope someone can answer them. It would really help me. I am facing 3 problems:

1) I have been stuck in the "FBI name check" for about 6 or 7 months. I don't know exactly when it started. I filed all paperwork in 06/2006 and everything was going fine, I had my fingerprints taken I got my work permit and I had my interview for Green Card thru marriage to US Citizen on 09/2006. The interview was neither approved nor denied - it was marked as pending – I need to provide “proof that I am not a subject to 212(e) requirement”. Here's why: I entered US thru J-1 visa many years ago. Some J-1 visas had restrictions - Subject to 212(e) which means before I can apply for visa or adjustment of status I have to go back to my home country for 2 years (I never did) or I can apply for a waiver (while in US).

At the interview I was advised that I have to prove it and that USCIS will find it out for me. Immigration officer said I can contact the organization I came thru or US department of State. I contacted both – The agency I came thru responded with a letter stating: “not a subject” I forwarded the letter to USCIS in 11/2006. Till today 04/03/2007 my case has not been adjusted and ever since I started to inquire about the status (01/2007) I am advised – “FBI name check” Judging on the above can someone tell me when the FBI name check has been started? Was it in June of 2006 when I filed the case or in 09/2006 after the interview or maybe when they received my letter regarding 212(e) in 11/2006. Whichever the time frame may be – I think I have been stuck in this “whole” and it may takes years before it’s resolved. I am considering Law Suit in Federal Court against USCIS - the MOW. I have not contacted congressman yet.

2) The second problem I am having is US Department of State responded with a letter stating that “I am a subject to 212(e) requirement. I researched it and found out that US dept of state is correct and the other organization made a mistake by saying I am not a subject to 212(e) but USCIS doesn’t know that since the letter was only mailed to me not to USCIS. My questions is should I apply for the waiver (which takes about 3 to 4 months)? Will this be a problem when I get my Green Card and I might not be able to leave/enter the US. There is a good chance that I might get the waiver before FBI name check is cleared and maybe then I should file MOW against USCIS. Please advise.

3) Me and my wife want my mom to come to the US and help us babysitting normally she would get her visa denied (because of my previous status) But now that my case is pending does anyone think I can send her copies of the pending application and this would help her get US visa when she presents it in the US embassy? Any thoughts?

Please advise me on the above problems/questions. If anyone had a similar situation or knows what I should do please respond. Thank YOU in advance!

Does anyone has any suggestions regarding my issues above ??? Please help.

quote:

Originally posted by Tomek:
Does anyone has any suggestions regarding my issues above ??? Please help.

It is always a good idea to open a new thread when you have a complex situation on your own.

Figerprint check should be initiated and done before the interview is scheduled. Sometimes, USCIS schedules the interview before they hear back from FBI. If the results are not back by the time of the inteview, the applicants are usually told that (no decision on AOS possible).

I don't know about J-1 and what should be done. Consult a lawyer. In my opinion, it is better to clear the mess sooner than latter.

Your mother's tourist visa has a little to do with your status in the US. It is up to her to convince the consular office that she'll return to home country after the visit.

Hi Aneri...
Thanks for your advise. I spoke to few immigration lawers - they are helpless. When it comes to specific questions i think i know more then them. My situation (described above) is rather complexed - Can anyone else provide me with any info. Please read questions above. I really appriciate any input.

Thank You All,
Tomek.