FBI name check

[KoshkaMoshka 0]

H! guys!

Just would like to ask...

How long are you waiting FBI name check???

I still waiting........today-1 year 1 month 20 days..............................................

................................................................................

...............................

[Miranda&James 8]

Check out this thread -

http://www.visajourney.com/forums/index.php?showtopic=6694

[YuAndDan 153]

Also check out this thread:

http://www.visajourney.com/forums/index.php?showtopic=47094

If it goes longer you may start thinking about suing. Such lawsuits seek what is called a "writ of mandamus” — a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant — only that he gets an answer one way or the other.

[LaL 418]

Also check out this thread:

http://www.visajourney.com/forums/index.php?showtopic=47094

If it goes longer you may start thinking about suing. Such lawsuits seek what is called a "writ of mandamus" — a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant — only that he gets an answer one way or the other.

the new regulations have essentially *defuncted* the ability to sue via Writ of Mandamus. Dismissals of pending cases are expected soon.

Edited February 8, 2007 by lal_brandow

[hanster 0]

Also check out this thread:

http://www.visajourney.com/forums/index.php?showtopic=47094

If it goes longer you may start thinking about suing. Such lawsuits seek what is called a "writ of mandamus" — a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant — only that he gets an answer one way or the other.

the new regulations have essentially *defuncted* the ability to sue via Writ of Mandamus. Dismissals of pending cases are expected soon.

what do you mean by "Dismissals of pending cases are expected soon." I have heard that suing under writ of mandamus being turned down, but i didn't understand what you meant by the dismissal of pending cases, are you referring to the lawsuits?

thanks

[LaL 418]

Also check out this thread:

http://www.visajourney.com/forums/index.php?showtopic=47094

If it goes longer you may start thinking about suing. Such lawsuits seek what is called a "writ of mandamus" — a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant — only that he gets an answer one way or the other.

the new regulations have essentially *defuncted* the ability to sue via Writ of Mandamus. Dismissals of pending cases are expected soon.

what do you mean by "Dismissals of pending cases are expected soon." I have heard that suing under writ of mandamus being turned down, but i didn't understand what you meant by the dismissal of pending cases, are you referring to the lawsuits?

thanks

dismissals of pending lawsuits.

[hanster 0]

thank you for your clarification.

[annalou_cia 0]

what is fbi background check? are they going to the different countries to ask questions? or the fbi will investigate that a couple are really living together?

[KoshkaMoshka 0]

what is fbi background check? are they going to the different countries to ask questions? or the fbi will investigate that a couple are really living together?

I think they going to other country to ask questions

[am1996 0]

Also check out this thread:

http://www.visajourney.com/forums/index.php?showtopic=47094

If it goes longer you may start thinking about suing. Such lawsuits seek what is called a "writ of mandamus" — a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant — only that he gets an answer one way or the other.

the new regulations have essentially *defuncted* the ability to sue via Writ of Mandamus. Dismissals of pending cases are expected soon.

Although the new regulations do seek to curtail the federal courts' power to issue writs of mandamus, there is likely to be a serious constitutional challenge to these regulations. The power of judicial review, which encompasses the power to issue writs of mandamus, dates all the way back to Marbury vs. Madison decided under Section 13 of the Judiciary Act of 1789. As such, there is a question as to whether the proposed regulations inappropriately restrict the courts' power and, as such, whether the regulations should be nullified or curtailed.

This will all be eventually sorted out by the courts but I just wanted to point out that these restrictive regulations will not necessarily mean a definitive end to mandamus suits in these "name check" cases. We don't know, however, how long it will take for the constitutional challenges to be adjudicated, so the regulations could present at least a short term problem to petitioners.

[Miranda&James 8]

what is fbi background check? are they going to the different countries to ask questions? or the fbi will investigate that a couple are really living together?

Nothing to do with the couple living together. It's an investigation comparing the name of the immigrant to the names in the FBI databases, etc. Here is a link to the FAQ's on namechecks by the FBI.

http://www.fbi.gov/page2/nationalnamecheck.htm

[rebeccajo 14]

Below you will find the 'regulation' referred to above. It's still in comment phase. Essentially it is an effort to codify USCIS policy that Writ of Mandamus not be expedited. If implemented in the CFR, it gives US Attorney the ability to file a motion to dismiss the Writ.

December 11, 2006 (Volume 71, Number 237)

[unified Agenda]

From the Federal Register Online via GPO Access [frwais.access.gpo.gov]

DOCID:ua11de06_009-66

[Page 73306]

Department of Homeland Security (DHS) Final Rule Stage

U.S. Citizenship and Immigration Services (USCIS)

_______________________________________________________________________

1306. WITHHOLDING OF ADJUDICATION

Priority: Other Significant

Legal Authority: 8 USC 552; 8 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC

1304; 8 USC 1356; 8 USC 1421; 8 USC 1443; 8 USC 1447; . . .

CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 310; 8 CFR 335; 8 CFR 336

Legal Deadline: None

Abstract: This interim rule codifies the Secretary of Homeland

Security's current discretionary authority, as delegated to the

Department of Homeland Security (DHS) directors, to manage the caseload

of pending requests for immigration benefits in districts or regions

over which the directors have jurisdiction. A component of this case

management authority is the ability to withhold adjudication of any

pending application or petition, particularly when an investigation is

ongoing and background and security checks are still pending

completion. This interim rule expands the circumstances under which DHS

may withhold adjudication or toll any applicable regulatory deadline

for completion of adjudication of an application or petition. This

interim rule also modifies the regulations governing processing of

naturalization applications to define when a naturalization examination

will be deemed ``conducted'' for purposes of seeking administrative or

judicial review under section 336 of the Immigration and Nationality

Act (Act). The interim rule also requires that background and security

checks be completed to the satisfaction of the Secretary before an

alien may be found to have ``good moral character'' for naturalization

and before the alien may be naturalized in accordance with title III of

the Act. These changes will aid DHS in its efforts to improve case

adjudication overall while simultaneously ensuring that no immigration

or naturalization benefit is granted until any pending investigation or

required background and security check is completed to the satisfaction

of the Secretary. These changes also will ensure that no immigration

benefit is provided to an ineligible individual or person who may pose

a threat to public safety or national security.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Interim Final Rule 01/00/07

Interim Final Rule Comment

Period End 03/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2234-02

Transferred from RIN 1115-AG86

Agency Contact: Alice J. Smith, Chief Counsel, Department of Homeland

Security, U.S. Citizenship and Immigration Services, 20 Massachusetts

Avenue NW., Washington, DC 20536

Phone: 202 272-1418

RIN: 1615-AA86