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  • #31
    CAn anybody tell how they came to know that their application had run through Name Check. We got a call from some local INS employee. He said all our paper work was lying on his table, he was just waiting for Name Check results.
    My husband's company filed our application for green Card in EB1 category Oct 06. We got our finger printing done Dec 06.
    Today, we got a call from local INS office that my name has been cleared by FBI (I am dependant in the application); but my husband's has not been cleared. This person said he was just informing us, and did not know how long would it take now.
    Both of us have absolutely no criminal record, have great credit score, bought a house two years ago. Both of us did our grad studies in USA, and are working in senior managerial positions. Our visa status has also always been legal.
    Could somebody tell how they were contacted regarding name check problem. My husband's six years on H1B finish in Jan08. We are from India. Any help/suggestion would be highly appreciated.

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    • #32
      Rausa,
      Unfortunately name checks if they are held up can take YEARS. Sad but true. There is a group American Families United americanfamiliesunited.org that has joined forces with another group lobbying for a change in legislation in regard to name checks and security delays. Please visit the webiste and join.
      "Being all fashioned of the self-same dust let us be merciful as well as just"
      Henry Wadsworth Longfellow

      Comment


      • #33
        Sammy,

        Thank you for your posting. Do you know whether it's still possible to sue USCIS (at the end of the message you mentioned the bill which would have prohibited that)?

        Thanks.

        Comment


        • #34
          It is still possible to sue USCIS. The bill Sammy mentioned was not passed by Congress. Before you can sue USCIS, you have to meet the conditions set by the law. I am assuming that your N-400 application cannot move forward because you are stuck in Name Check. If so, you can sue USCIS, if and only if it has been over 120 days since your examination pursuant to 1447(b).

          Comment


          • #35
            NewlyMinted,

            Thank you for your reply. Actually, I filed I-485 (Adjustment of Status, in my case - based on marriage to a US citizen) almost three years ago. About two years ago we had an interview with USCIS and an interviewing officer pre-approved my case subject to the FBI name check. As you can guess from my presence on this forum, my name check is still pending. I called both USCIS and FBI numerous times and, of course, didn't get anything but "call in 30 (90, 120) days". I believe my only option is to sue USCIS; nevertheless, my understanding is that I can sue based on "Writ of Mandamus" only (since I am applicant for Adjustment of Status, my understanding is that "Petition for Hearing on Naturalization application pursuant to 1447(b) and 1421 (c)" is simply not applicable to me).

            In addition, I just found USCIS document (follow the link below) which made me doubtful whether it's worthwhile pursuing the only option it seems I have (suing based on Mandamus).

            Any suggestion, ladies and gentlemen? Is there something I can do? Can I still sue?

            Thank you for the feedback.

            http://www.aila.org/Content/default.aspx?docid=21700

            Comment


            • #36
              Sammy,
              Would would be your advise in my case (see below). Anyone else please give your advise as well.

              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 not 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!

              Comment


              • #37
                GSS, ET. Al.

                A Writ of Mandamus is a petition to the court. Asking them accept jurisdiction over the matter and compel the USCIS to act. If the court rules in your favor, the USCIS MUST comply. They are free to adjudicate in favor of, or in opposition to your petition Adjust Status. But the USCIS may no longer fail to adjudicate, once the court orders them to do so.

                The issue we face is that the legal community has been put on notice. The USCIS will not just "roll over" when faced with a lawsuit. They will fight it, regardless of how much it costs them.

                THIS DOES NOT MEAN YOU SHOUD NOT ACT...

                Each time the court rules favorably to a mandamus action, it strengthens the case for the next lawsuit. So, the USCIS will more than likely fight. The good news, in my humble opinion, is that if it looks like the court will rule in the affirmative, the USCIS will "suddenly" adjudicate and ask that the case be dismissed based on the fact that the case in question is now "moot."

                It just means that you should be prepared. If you have the means, hire a lawyer. If you must proceed as a pro se litigant, there is a wealth of information out there.

                Good Luck

                I'm not an attorney. I'm just like you. Stuck in a process that is beyond my control.

                Comment


                • #38
                  Thank you, rsexmm. Really appreciate your feedback.

                  Comment

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