Stuck in Name Check

[sylinchinastill]

4/16/2014 - This thread from 2007 is still pertinent - RW

 

 

I noticed that someone had mentioned that we should make a list of the people who are stuck in the FBI name check and waiting for their green card. I am hoping that this can be pinned. My husband and I filed the I-485 in August of 2004- and we have been waiting for three years. We have written to the FBI, congressmen, senators, and even Laura Bush. All of those have written back or forwarded our letters to the FBI. But there hasn't been any change. Hopefully everyone who is stuck can list their stats here so that we will have more information on when someone gets cleared.

[tywy_99]

The same here.

I filed for my wife's daughter August 2004. We had the interview December 2005 and have been waiting ever since.

[Dennis143]

Leiqin has now been waiting 6 years and counting.

 

Absolutely asinine.

[pkfops]

[warpedbored]

Pinned at Syl's request.

 

Someone else here mentioned recently that they were going to file a mandamus over this issue. It may even be worth considering a class action suit. 3 yrs is beyond stupid.

Edited August 21, 2007 by warpedbored (see edit history)

[Randy W]

Add us to the list, but I'll be happy if they get us her card before I have to renew her EAD again in March.

[david_dawei]

any delays over two year should really be reported to the USCIS Ombudsman.. how else can they document the extent of the problem...


Citizenship and Immigration Services Ombudsman

[sylinchinastill]

I will file the ombudsman form today. Thank you David. My husband and I had a lawyer and we filed a case- but then a case in the appeals court on the same basis as ours was denied and our lawyer said that our case would not go through- so we withdrew the case. We have gone to infopass appointments, contacted USCIS, the FBI, congressman, senators, and everything we can think of.

[warpedbored]

I'm not so sure your lawyer is right Syl. Others have filed mamdamus and had their cases resolved quickly. here is a link to a news story.

 

http://www.boston.com/news/nation/articles...up_citizenship/

 

Here is some more info. It is mainly about citizenship but the process is the same for those waiting to long for green cards. From what I have read just the action of filing the suit gets them off their butt so they don't have to go to court.

 

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

2. Read it 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.

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]

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

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. Put the case # on all copies.

10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)

11. Wait for the return receipt. The 60-day count 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 to the US atty office.

13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)

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

15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.

 

Here is a link to the rest of the info I found on this forum.

http://boards.immigration.com/showthread.php?t=194681

Edited August 24, 2007 by warpedbored (see edit history)

[warpedbored]

This link also has some good info on the subject.

 

http://www.visalaw.com/05feb3/2feb305.html

[Randy W]

I'm not so sure your lawyer is right Syl. Others have filed mamdamus and had their cases resolved quickly. here is a link to a news story.

 

http://www.boston.com/news/nation/articles...up_citizenship/

 

Here is some more info. It is mainly about citizenship but the process is the same for those waiting to long for green cards. From what I have read just the action of filing the suit gets them off their butt so they don't have to go to court.

 

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

2. Read it 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.

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]

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

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. Put the case # on all copies.

10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)

11. Wait for the return receipt. The 60-day count 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 to the US atty office.

13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)

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

15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.

 

Here is a link to the rest of the info I found on this forum.

http://boards.immigration.com/showthread.php?t=194681

 

 

That may not work anymore, if they are being held up by a name check - USCIS memo. They figured out that somepeople were suing their way to citizenship without having to wait for the background check to complete.

[warpedbored]

They may not request the FBI to expedite the name check but they aren't above the law either. I don't think they can ignore a legally filed mandamus. Perhaps one of our legal members could speculate. There has to be some recourse or we are without checks and balances and at the mercy of a single government entity.

[Randy W]

They may not request the FBI to expedite the name check but they aren't above the law either. I don't think they can ignore a legally filed mandamus. Perhaps one of our legal members could speculate. There has to be some recourse or we are without checks and balances and at the mercy of a single government entity.

 

 

I believe the law is that the background check MUST complete. My understanding is that the USCIS is stretching it by scheduling interviews before it completes, but that they're blaming it on the slowness of the FBI.

[Stats]

Pinned at Syl's request.

 

Someone else here mentioned recently that they were going to file a mandamus over this issue. It may even be worth considering a class action suit. 3 yrs is beyond stupid.

 

 

That would be me Pro Se on behalf of my wife.

 

Chen v. Chertoff et al

Plaintiff: S Chen

Defendant: Michael Chertoff, Emilio T. Gonzalez, Robert S Mueller and Sharon A Hudson

 

Case Number: 4:2007cv02576

Filed: August 8, 2007

 

Court: Texas Southern District Court

Office: Houston Office [ Court Info ]

County: Montgomery

Presiding Judge: Judge Kenneth M. Hoyt

 

 

We waited for the 3 year mark to pass and filed. We don't have much hope of anything other than forcing some attention to our case. It's the last option other than continuing to wait.

 

This extraordinary thread is what prompted me to take this action:

 

http://boards.immigrationportal.com/showthread.php?t=194681

Edited August 25, 2007 by Stats (see edit history)

[Patrick & Li]

We filed for our AOS on 7-12-2004. Namecheck is still pending.

New law allows the FBI and USCIS to ignore the "Writ of Mandamus"

The only way to make the USCIS to do an inquiry to the FBI is under special circumstances which my wife doesnt qualify for.

Dennis, This goes out you man. My heart did a complete flop when I saw how long you have had to wait. 6 years is way beyond reasonable. My heart goes out to you and your family.

 

Patrick & Li