terrible report from USCIS via senator

[ninjarocket 1]

I forgot to mention the real excuse, which is that somehow this delay is in the interest of "national security and public safety." They use these words arbitrarily to justify any length of delay. I don't see what my case has to do with national security and public safety. This is just plain nonsense.

[pushbrk 12,569]

We are all assuming that it's just a name check, but as the letter states, it could be other stuff or other agencies. However, some of the letter is of questionable relevance to my case. For example, it's obvious that there will not yet be any finger prints from my wife anywhere on record or any prior immigration history at this point in the process. They would have to approve the application and interview her at the consulate in order to gather that sort of data. They could also be making a background check on me, although that's never been an issue before with anything else. Their discussing at length aspects the processing that are obviously irrelevant to my case at the present time sounds like an excuse to me. If it is only a silly name check that is holding it up then its their obligation to say so in order to put the petitioner at ease.

I'm sorry but no, it is absolutely not their obligation to inform you of the specific national security related reasons for case delay and not all "name checks" are simple. You're right in that they could be about you. If so, it generally has to do with your work history related to any security clearances. Often these hang-ups are due to information in the system for somebody else with the same name. Of course it would seem like nonsense to you but until they complete the investigation, they don't know it's nonsense, so you wait.

I forgot to mention the real excuse, which is that somehow this delay is in the interest of "national security and public safety." They use these words arbitrarily to justify any length of delay. I don't see what my case has to do with national security and public safety. This is just plain nonsense.

Again, what you see and what they see are not necessarily the same. It may be a case of mistaken identity but they have to clear it up through established procedures and until they do, they are "doing their job" not "making excuses".

[Dr. Nick 0]

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

[daboyz 36]

Seems like a valid point to me. I guess I dont understand why some petitions get approved in less than 45 days, and others take a year, depending on what service center you file with.

As far as the name check, why doesn't the USCIS just come out and say "We have an issue with your name check, we're looking in to it." Or better yet issue some valid processing times. Those reports the issue in the middle of every month are a joke.

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

[daboyz 36]

People that file with the Vermont Service Center, must a far greater security risk, than those that file with the California Service Center.

I did a little more digging. Between 2008-01-15 and 2008-03-15 NOA1 dates for I-129F, there are 59 pending I-129F for K-3s at the CSC.

Of those 53 have a NOA2... 90% or so.

at VSC for the same period

there are 69 pending and only 5 with a NOA2... about 7%, and I suspect one of the 5 is invalid.

Congratulations to the CSC folks. More power to you. I'm just curious why there is such a large discrepancy.

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

[pushbrk 12,569]

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

I suppose they would expedite if there appeared to be an imminent threat but as long as the foreigner is abroad, there generally is no imminent threat. The petitioner is already a USC.

[gogo 6]

so they want an imminent threat? what if I threaten to run my car through their office? :angry: I am beyond mad now, especially with yesterday's news... how can they ###### lose my case and also close my I-129F?.. they should close one if the other one is approved.. and it doesn't even match with the USCIS Online Case Status too.. their website is beyond useless.. it still has my I-130 as being transferred to the local office on November 2007... :angry:

[Dr. Nick 0]

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

I suppose they would expedite if there appeared to be an imminent threat but as long as the foreigner is abroad, there generally is no imminent threat. The petitioner is already a USC.

Regarding foreigner being abroad and not imminent threat - there are other ways to enter this country, and someone dangerous and with bad intent won't wait years for USCIS to process the case so they can enter the country legally and not break any laws. Regarding the USC portion: most criminals here are USC's too, but you don't see police waiting months and years to act, unlike the USCIS.

[ninjarocket 1]

I guess the only option is a writ of mandamus to force them to make a decision: does anyone know whether a lawyer is definitely required and how much it might cost?

[gogo 6]

you can do it alone for about $385.. something like that.. but I don't want to mess mine up even more, so I got a lawyer (or a group who does just immigration law).. and they have a lot of successful "campaigns" against USCIS.. they charge pretty high though (about $5k, I paid).. but it will be worth it for the peace of mind.. they are real good with their emails and phone calls so far..

www.rreeves.com

a tidbit from them..

"Once we received the above, we will issue the demand letter. The demand letter will instruct CIS to adjudicate your application within 30 days. If no response is received within 30 days, we will prepare to file the mandamus. The government has 60 days from the receiving the lawsuit to file their response. They are entitled to a 30 days extension. Basically it is at least 3-4 months to complete the process. "

My demand letter has expired, and we are preparing the official lawsuit now..

here's a good website if you want to do it yourself..

http://boards.immigrationportal.com/showthread.php?t=216772

other info about writ of mandamus..

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

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

Edited June 13, 2008 by gogo

[CJ Vasani 0]

when i filed for I-130, i briefly consulted a lawyer and learned how they used the 'fear tactics'. it's what partly keeps them in the business. he said that i should use his services and that there might be delays due to the name check against 'me' - the USC petitioner and that my name could match that of a terrorist...i laughed and walked out of his office. name checks are b.s. for the most part i concluded.

A hindu brahmin (google if you don't know) terrorist? that would be the end of world.

Edited June 13, 2008 by CJ Vasani

[CJ Vasani 0]

bottom line - don't be afraid and accept the randomness that exist in life. learn to be patient.

[rin and john 71]

............ My personal opinion is that all spouses should be handled in a VWP type process (immediate admission to the USA upon marriage and adjust status after SO is here). We allow millions of people into the USA each year on a VWP without six months of background checks. A spouse is treated like a greater threat than a random individual with the right passport...I don't agree with that logic.

Hope you hear something soon!

John

Those VWP entrants are visitors, not immigrants.

Actually, K-1 to K-4's are non-immigrants. A "VWP type" process would provide a much faster re-union of families. We admit more than 30 million people into the USA every year. Approximately 50,000 of these are K-1 to K-4's. Over 50% (more than 15 million) enter on the VWP. Security decisions on these individuals happen virtually instantaneously (or at least within the time it takes a trans-oceanic flight to get here). My question is: Why is a spouse or child married to an american citizen more of a security risk than the 15 million random visitors admitted without a visa?

http://www.dhs.gov/xlibrary/assets/statist...06/table26d.xls

John

[Chet 0]

Hmmm, wouldn't they want to find out if the suspect name is truly problematic and the person dangerous or not ASAP and not take 6-24 months to figure it out? Imagine if police followed up on a suspect or a tip a year later and took another year to act upon it? I honestly thought these agencies were there to serve and protect (same as police) and not to torment the U.S. citizens while taking their sweet time to check any possible threats.

I suppose they would expedite if there appeared to be an imminent threat but as long as the foreigner is abroad, there generally is no imminent threat. The petitioner is already a USC.

At best, I think that's a LAME logic/excuse! You can't tell me that the a spouse's visa requires more scrutiny of "imminent threat' vs the millions of visitors and work visas out there that are by far MORE easy to obtain. Most of the "threats" that terrorized this country were here on some sort of visitation visa! Bull on them to punish family for a f*&Ked up process and for not properly focusing their resources. The biggest threat to this country is a government organization that has no clue what it is doing!

[nunyab 0]

As if there are good reports that ever come out of USCIS?

Ilya... love your ticker... made me laugh!!! that's tooo dang true though...