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Writ of Mandamus and the USCIS new memo....

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  • Writ of Mandamus and the USCIS new memo....

    The memo mentions only that USCIS will no longer respond to WoM requests to *expedite* FBI background checks. It doesn't say that you can't file a WoM to force USCIS to complete their investigation or to make a decision on your case.


    USCIS CLARIFIES CRITERIA TO EXPEDITE FBI NAME CHECK
    Federal Litigation Removed as Sole Basis to Expedite Check
    WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case.
    USCIS may continue to request an expedited FBI name check if the case meets one of the other approved criteria, including:
    1. Military deployment,
    2. Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,
    3. Significant and compelling reasons, such as critical medical conditions, and
    4. Loss of social security benefits or other subsistence at the discretion of the USCIS District Director.
    The FBI name check is an invaluable part of the security screening process, ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens. USCIS also requests an FBI name check to screen out people who seek immigration benefits improperly or fraudulently and ensure that only eligible applicants receive benefits.
    Information about the FBI name check is available on the USCIS website at http://www.uscis.gov or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.

  • #2
    The memo mentions only that USCIS will no longer respond to WoM requests to *expedite* FBI background checks. It doesn't say that you can't file a WoM to force USCIS to complete their investigation or to make a decision on your case.


    USCIS CLARIFIES CRITERIA TO EXPEDITE FBI NAME CHECK
    Federal Litigation Removed as Sole Basis to Expedite Check
    WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case.
    USCIS may continue to request an expedited FBI name check if the case meets one of the other approved criteria, including:
    1. Military deployment,
    2. Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,
    3. Significant and compelling reasons, such as critical medical conditions, and
    4. Loss of social security benefits or other subsistence at the discretion of the USCIS District Director.
    The FBI name check is an invaluable part of the security screening process, ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens. USCIS also requests an FBI name check to screen out people who seek immigration benefits improperly or fraudulently and ensure that only eligible applicants receive benefits.
    Information about the FBI name check is available on the USCIS website at http://www.uscis.gov or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.

    Comment


    • #3
      It's also been indicated that the US Attorney office is preparing to fight out such lawsuits. As with any lawsuits, litigations could take forever, not to mention the associated cost.

      Comment


      • #4
        My question would be, how does the USCIS or the FBI for that matter define "expedite?"

        People are waiting years for this to complete. Those of us who have waited months, see no real end in sight. "Expedite" is a term best suited for the court to decide and frankly, I think that any process that takes longer than six months is not in any way expedited. Therefore, if we have done our job, filed our paperwork accurately, and have waited...and waited...deserve an answer from those who are tasked with providing that answer. They owe it to us. I am a US Citizen...My wife has her I-485 pending name check...My life is affected by this as well. We can't forget that even if they want to fight it out...we should file and fight. Our only recourse instead of a Writ of Mandamus is to wait. I choose to act.

        Comment


        • #5
          Very good memo but at the end of the day, they have not provided a releif and the legal way is the way to go. Why would they say 120 days when they can't even meet it? A nme check takes no more than 10 minutes to do. There are close to 20-30 agents and all they do is name check all day long. I mentioned 10 minutes, some take literally minutes to come back.

          It happens to everyone from every country whether your last name is Mohammed or Williams or Gupta. So it is a very ramdom fact that your file just gets stuck on someone's desk. It happens also to militay personal waiting to naturalize. Why would someone with a secret clearance have to wait that long? If you ask the Director of USCIS, he will not even know how and what to give you as answer.

          I know of people who have political connections whose papers went so fast with no glitch. Naturalized in less than 7 months from filing to interview.

          Clearly they are proving themselves to be imcompetent and bullish. They make a rule of 120 days and cant even honor it. So if you ask me they are breaking a law and need to be sued for it. It ticks me off when I see things like that.

          Comment


          • #6
            I think that memo is a cover for the USCIS own ineffiency. They've already admitted to congress in Nov 2006 that all or some parts of approx 113,000 N-400 files were lost since July 2006. Look at the FBI's own figures on background checks:

            http://www.fbi.gov/congress/congress...rity021304.htm

            Admittedly these figures refer to visa namechecks, not N-400 or I-485 checks (though one would think these would be exactly the same checks).

            Based on this "Between 98-99% of the requests are resolved in 120 days". So why the long waits??

            My own N-400 application is held up in "background checks". Filed June last year and still waiting. The WoM IS the last line of offense and if it becomes needed, I will do it.
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

            Comment


            • #7
              read this as a guidline to you

              http://www.visajourney.com/forums/in...om&page=guides

              good luck

              Comment


              • #8
                sorry it is posted in the wrong place, I am sorry for that

                Comment

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