An update on our situation

[xtal]

Hi guys,

It's been a while since I posted here but figured I'd give you all an update on what's been happening. In March 2006 my wife united with me when she got her k-3 visa. In May 2006 we filed for adjustment of status through the Dallas DORA program. For those of you who are not familiar with this program - it's a program where they try to adjudicate your I-485 within 90 days so that the cost of the EAD and AP can be saved. Well that's the theory at least. My wife was fingerprinted about 2 weeks after the interview, and then about 50 Days after that we got a letter saying that they probably won't be able to complete the case within 90 days, and that we were invited to apply in person for an EAD and AP, which we did.

Today, almost 14 months later, there has been no change in our case. I called late last year and found out that they were still waiting for the FBI background check to clear. About 3 weeks ago I called again, and that officer said they would look into it and send out a notice with their findings. That notice we got yesterday, basically saying what I already suspected: background check hasn't cleared yet. So I think it's fair to say we are officially stuck in the Black Hole.

At least my wife and I are together but not knowing when they will finish the background checks (and the greencard process) can be trying at times.

From reading the 2007 Ombudsman report, the namecheck situation is worsening. The total number of cases pending with the FBI has risen from 236,000 last year to 329,000 this year. The number of cases that have been pending with the FBI for over 33 months has increased by 40% compared to last year (over 31,000 cases total this year). They simply don't have the resources to handle the case load and the cases are at the bottom of their priority list. There is not much one can do; except maybe file a Writ of Mandamus but I read that that has been limited as well as more and more people resort to this.

Is anyone else on Candle stuck in the I-485 namecheck black hole? What are some of your experiences?

[Randy W]

Hi guys,

 

It's been a while since I posted here but figured I'd give you all an update on what's been happening. In March 2006 my wife united with me when she got her k-3 visa. In May 2006 we filed for adjustment of status through the Dallas DORA program. For those of you who are not familiar with this program - it's a program where they try to adjudicate your I-485 within 90 days so that the cost of the EAD and AP can be saved. Well that's the theory at least. My wife was fingerprinted about 2 weeks after the interview, and then about 50 Days after that we got a letter saying that they probably won't be able to complete the case within 90 days, and that we were invited to apply in person for an EAD and AP, which we did.

 

Today, almost 14 months later, there has been no change in our case. I called late last year and found out that they were still waiting for the FBI background check to clear. About 3 weeks ago I called again, and that officer said they would look into it and send out a notice with their findings. That notice we got yesterday, basically saying what I already suspected: background check hasn't cleared yet. So I think it's fair to say we are officially stuck in the Black Hole.

 

At least my wife and I are together but not knowing when they will finish the background checks (and the greencard process) can be trying at times.

 

From reading the 2007 Ombudsman report, the namecheck situation is worsening. The total number of cases pending with the FBI has risen from 236,000 last year to 329,000 this year. The number of cases that have been pending with the FBI for over 33 months has increased by 40% compared to last year (over 31,000 cases total this year). They simply don't have the resources to handle the case load and the cases are at the bottom of their priority list. There is not much one can do; except maybe file a Writ of Mandamus but I read that that has been limited as well as more and more people resort to this.

 

Is anyone else on Candle stuck in the I-485 namecheck black hole? What are some of your experiences?

 

 

There are several of us - the courts have no control over the FBI background check, so I doubt anything can be done (there was legislation specifically passed to prevent the courts from ordering an AOS before the background check is complete).

 

Jiaying is on her second EAD card. It's a shame that the DORA process encourages you to delay filing for the first one.

Edited July 21, 2007 by Randy W (see edit history)

[SirLancelot]

There are several of us - the courts have no control over the FBI background check, so I doubt anything can be done (there was legislation specifically passed to prevent the courts from ordering an AOS before the background check is complete).

 

Hi Randy, I'm not contesting what you stated above. In fact I'm quite curious about this legislation. Would you happen to have a link to either the actual legislation, or at least an article which talks in detail about this legislation? I'd be quite interested to read more about it. Thanks.

[Randy W]

I think our lawyer told us about this. I'll see if I can find anything tonight.

[tywy_99]

Is anyone else on Candle stuck in the I-485 namecheck black hole? What are some of your experiences?

Going on 3 years August 9th.

[Randy W]

The best I could do:

 

USCIS policy

 

USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

 

 

Naturalization Loophole

 

Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to an internal document issued last month by U.S. Citizenship and Immigration Services, or USCIS. Under federal immigration law, USCIS must receive the FBI check before the interview.

 

If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made a decision on their application. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration, and foreign student authorization.

 

 

My Background Check is Taking Forever!

 

QUESTION: I am in removal proceedings and the case has been delayed for them to do some type of security/background check. Can you let me know what is going on?

 

Answer: The regulations help ensure that persons who are seeking relief from removal, such as adjustment of status to that of lawful permanent resident, cancellation of removal, withholding of removal, asylum, or other relief described in the regulations, are eligible for the benefit that they seek and do not pose a threat to national security or public safety. The regulations also provide that failures of a person in removal proceedings to provide required biometrics and biographical information to DHS within the time specified by the immigration judge, except for good cause, will constitute abandonment of pending applications for relief or protection from removal. EOIR immigration judges and the Board of Immigration Appeals (BIA) cannot grant any of the forms of relief covered by the regulations until the Department of Homeland Security (DHS) reports that the required identity, background and security checks have been completed.

[SirLancelot]

Thanks Randy. I appreciate your effort and time in researching this.

 

Will go to read it now.

 

The best I could do:

 

USCIS policy

 

USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

 

 

Naturalization Loophole

 

Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to an internal document issued last month by U.S. Citizenship and Immigration Services, or USCIS. Under federal immigration law, USCIS must receive the FBI check before the interview.

 

If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made a decision on their application. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration, and foreign student authorization.

 

 

My Background Check is Taking Forever!

 

QUESTION: I am in removal proceedings and the case has been delayed for them to do some type of security/background check. Can you let me know what is going on?

 

Answer: The regulations help ensure that persons who are seeking relief from removal, such as adjustment of status to that of lawful permanent resident, cancellation of removal, withholding of removal, asylum, or other relief described in the regulations, are eligible for the benefit that they seek and do not pose a threat to national security or public safety. The regulations also provide that failures of a person in removal proceedings to provide required biometrics and biographical information to DHS within the time specified by the immigration judge, except for good cause, will constitute abandonment of pending applications for relief or protection from removal. EOIR immigration judges and the Board of Immigration Appeals (BIA) cannot grant any of the forms of relief covered by the regulations until the Department of Homeland Security (DHS) reports that the required identity, background and security checks have been completed.

[xtal]

Thanks for the info. BTW, there is a yahoo group called 'namechecktracker' that solely deals with the issue of long pending namechecks. It's quite an active group - which only proves that the current state of affairs with the FBI background checks needs some serious attention by the powers-that-be.

 

I've been thinking of sending a FOIPA request to the FBI - even though it doesn't help the pending namecheck, it may shed some light on things.

[Stats]

Is anyone else on Candle stuck in the I-485 namecheck black hole? What are some of your experiences?

Going on 3 years August 9th.

 

 

Same August 17. Welcome to the club.

[xtal]

I wonder if it would be worth to create a separate forum on Candle for pending namecheck cases, or at least to start some kind of list of people who are stuck in it (with dates). In the last few years, the number of pending cases with the FBI has only gone up, so more and more people will be affected by this.

 

<start rant>

The stupidity with this whole thing is that the background checks are supposed to prevent crime/terrorism and such, but what's the purpose if it takes years to finish a background check? Almost all of the pending cases are probably false positives due to the fuzzy/loose name/dob matching they do. I'm not saying we should do away with security checks, but for crying out loud, come up with a better system... The current one is a JOKE.

<end rant>

 

.

[Randy W]

I wonder if it would be worth to create a separate forum on Candle for pending namecheck cases, or at least to start some kind of list of people who are stuck in it (with dates). In the last few years, the number of pending cases with the FBI has only gone up, so more and more people will be affected by this.

 

<start rant>

The stupidity with this whole thing is that the background checks are supposed to prevent crime/terrorism and such, but what's the purpose if it takes years to finish a background check? Almost all of the pending cases are probably false positives due to the fuzzy/loose name/dob matching they do. I'm not saying we should do away with security checks, but for crying out loud, come up with a better system... The current one is a JOKE.

<end rant>

 

.

 

 

. . . and guess what? They're all HERE while we're waiting to find out if any of them are deportable criminals or terrorists.

[xtal]

. . . and guess what? They're all HERE while we're waiting to find out if any of them are deportable criminals or terrorists.

 

That's EXACTLY right.

Edited July 24, 2007 by xtal (see edit history)

[sylinchinastill]

My husband and I are at 3 years already.