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Thread: FBI Name Check

  1. #1
    My father was interviewed in March 2005 for US citizenship. He passed the interview but his case was sent for FBI Name Check. He is waiting for about 1 year. Is there anything to do as it is taking long time? Please help me.

  2. #2
    My father was interviewed in March 2005 for US citizenship. He passed the interview but his case was sent for FBI Name Check. He is waiting for about 1 year. Is there anything to do as it is taking long time? Please help me.

  3. #3
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    Swarna:

    It seems your father has been trapped in a never ending "Name Check"Ł clearance with FBI, particularly when he did not hear from the INS for almost a year after his interview.

    Unless your father doesn't mind waiting for years to get cleared by FBI, he MUST file a lawsuit against the INS immediately in a federal district court where he lives. He could sue the INS under two different laws-the first is-śWrit of Mandamus'; and second one is- śPetition for a Hearing on Naturalization application pursuant to 1447(b) and 1421 (c)'. He is allowed to seek the same relief under both laws in a same petition/lawsuit.

    Don't even think to hire an attorney for this lawsuit because not only mostly attorneys don't know about these lawsuits, but also they will discourage your father from filing a lawsuit against INS. And somehow if you guys are able to find an attorney who will agree to file these lawsuits on behalf of your father then s/he might charge him at least $7K to $10K. The truth is-your father can file this lawsuit by himself without any problem and without spending any money if he has a little knowledge about English and if he is willing to spend few hours in doing some research on the links I'm providing below.

    99% of chances are that INS will make a decision in his case within 60 days of serving the lawsuit's paper to them because 60 days is the court's timeframe for them to submit their answer to the court in response to your lawsuit. Since INS has no answer to file, they will expedite adjudication in his case before the deadline of filing the response. Plus, they don't want to waste their time/energy and resources to handle a case wherein they will loose in the court.

    That means-your father's lawsuit will never be heard by Judge in the court because INS will adjudicate his pending naturalization application within 60 days of filing the lawsuit and before the case even goes to a trial. Thousands of people are filing these kinds of lawsuits against the INS as this is the ONLY way to make INS to compel to complete the FBI Name check. (http://www.boston.com/news/nation/ar...p_citizenship/).

    The INS has hanged up very few cases on some complicated grounds after filing such a lawsuit; otherwise 99% of cases were adjudicated before the trial. So, it would be a waste of money if your father would think to hire an attorney to do so. And if your father won't file such a lawsuit against the INS, then he might wait for additional 3-4 yrs to be cleared by FBI as there are thousands of people are waiting for that long to get clearance on their name by FBI after their interview.

    Pursuant to immigration law, INS should make a decision on a naturalization application within 120 days of interview. Also, INS has its own interim policy for expediting FBI clearance whenever someone files a lawsuit against INS. This is the ONLY way your father could be cleared by FBI quicker; otherwise nobody could do anything to expedite his clearance from FBI, neither congresspersons nor any "big shot"Ł.

    I'm pasting some information if your father decides to file a lawsuit against INS.

    Steps to take to file a lawsuit:

    1. Contact your Federal District Court and ask for a Civil Case Pro Se package.

    2. Read it thoroughly and follow the instructions.

    3. Prepare a lawsuit on Microsoft word. Print it and sign it.

    4. Get a Civil Cover sheet and fill it out properly.

    5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.

    6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet] to court.

    7. The court will send you a summons with your case number in few days.

    8. Make copies of the summons and your complaint. (One for each defendant and an extra copy for the US attorney in your district)

    9. Write down the case # on all copies.

    10. Serve the complaint + summons + exhibits thru śCertified mail with return receipt requested' on all defendants, including the US attorney's office. Call the US attorney and get their address and the right department wherein you should send your complaint to.

    11. Wait for the return receipts. The counting of 60-day starts from the date shown on the receipt received from the US atty.

    12. File the return receipt with the court, and send a copy of it to the US attorney's office.

    13. From here every time something is filed with the court, you must send a copy to the US attorney and file a Certificate of service with the court.

    14. 2 weeks before the expiration of the deadline call the US atty. and introduce yourself and ask about your case.

    15. Hopefully the name check will be cleared by then, and INS will naturalize the plaintiff within 2 to 3 months of filing the lawsuit.

    When you file a lawsuit, you have to introduce a Civil Cover Sheet with your complaint. Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under ścode 890' as to Nature of Suit.

    Your father can find additional information here about these kinds of lawsuits and about Civil Procedures about Court's rules.
    http://www.law.cornell.edu/rules/frcp/index.html
    http://www.rootlaw.com/n040510.htm
    http://www.ailf.org/lac/lac_pa_071803.asp


    You can get the samples of all this filing from here. http://www.ailf.org/lac/lac_pa_chrono.shtml

    Your father should attach a copy of a similar case to his lawsuit as exhibit to support his position, which he can print out by checking immigration courts' cases (http://www.uscourts.gov/courtlinks/index.html) + (http://www.uscourts.gov/allinks.html).

    Attach these cases- Farah vs. Gonzales (Case number: 0:05-cv-01944-DWF-AJB); Serguei Danilov vs. Eduardo Aguirre (Case number: 1:05-cv-00101-TSE-TRJ)

    Your father would need to serve the lawsuit papers to all these defendants-

    Alberto R. Gonzales, United States Attorney General
    US Department of Justice
    950 Pennsylvania Ave., NW
    Washington, DC 20530-0001

    Michael Chertoff, Secretary of the Department of Homeland Security
    US Department of Homeland Security
    Washington, DC 20528

    Emilio T. Gonza***, Director of USCIS
    Department of Homeland Security
    U.S. Citizenship and Immigration Services
    Washington, DC 90258

    Robert S. Mueller, III, Director of FBI
    Federal Bureau of Investigation
    J. Edgar Hoover Building
    935 Pennsylvania Ave., NW
    Washington, DC 20535-0001

    Office of the General Counsel
    Department of Homeland Security
    Washington, DC 20528

    Also, he MUST need to send the copy of his lawsuit to US attorney's office in his jurisdiction, but US attorney could not be included as a defendant in his lawsuit. To be noted that US attorney's office will handle this case, and not defendants. Since defendants are federal govt. agencies, then US attorney's office handle their matters in a federal courts.

    I must also tell you that if your father won't file such a lawsuit against the INS soon, he might never be able to file then because Congress has already passed a bill last month which is not signed yet by the President but it will be signed soon and once it is singed then people will be prohibited to sue INS under these laws. Thus, time is the essence here.

    Hope this helps. Good Luck.

    "If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process."Ł-Theodore Roosevelt, the former President of the United States of America

  4. #4
    You will want to visit this thread to gain more insight and what the process are and what need to be done:
    http://boards.immigrationportal.com/...d.php?t=194681

    I was debating to post on this subject as well, because imho this isn't as simple as it appears. But since Sammy already posting it, might as well help supplement it.

  5. #5
    Hello Sammy,
    Thanks a lot for your reply. I forgot to mention that INS contacted him 7-8 months ago via regular mail and that was the last. I will let you know what they mentioned on that letter as soon as I can.

    Thanks,
    Swarna

  6. #6
    hello Sammy,
    I've been interviewd for the I485 on july 2004, and had my fingerprints taken for the second time .I inquired my case status several time. Lately my congressman informed me that my file had been transfered from NY to Washington D.C. for a name check. does anyone know what sparked this action and how to accelerate it?
    -thank you

  7. #7
    oh,one more thing can I do the same process Sammy suggested to Swarna ? my case is name check for green card thanks

  8. #8
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    If someone wants to sue INS for not making a decision on his/her green card application under certain timeframe AFTER the interview, then s/he could be able to proceed as well under the law of śWrit of Mandamus''.

    "A government of laws and not of men"Ł-John Adams

  9. #9
    Hi sammy, i was carefully reading your advices and would apreciate if u can read my case posted today on this forum the subject is:
    "looking for serious legal advice" its regarding a series of misleading actions from uscis in my process.

    if u haev the time to look at my case would be deeply apreciated.

    sincerely,
    europe-usa

  10. #10
    Hello Sammy,
    First of all Thanks for a great step by step help.

    My I-485 name check has been pending for last 4 years without any reason. In frustation, I have sent multiple inquiries to INS, contact congressmen, but all in vain. I have even tried contacting lawyers to see if I can file a lawsuit, but unfortunately most of them say "No we dont take such cases".
    After seeing your post, its encouraging to know that it can be done by ourself. I started with reading "Civil Case Pro Se package" and in chapter 1 and 2 (atleast for northern california), its so discouraging and scary that I am now considering to ask a lawyer to represent me in court. I can refer to your article, if he/she doesn't understand it. It will be great, if you can refer to me some good lawyer. (web site)
    I hope that you are a lawyer and can represent me

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