NAME CHECK........HOW LONG CAN IT TAKE ?

[BelgianSun 0]

suing for citizenship or greencard is touch and go now. not the magic pill it was just a few months ago.

There hasn't been any change to suing for citizenship has there? I thought the only change was USCIS response to Writ of Mandamus.

its the same procedure - WOM for greencard, WOM for citizenship. Both are based on USCIS expediting namecheck due to a pending WOM - which is what they will not do anymore. There are cases that have been approved post-new rgulations, but overall we have seen mostly motions to dismiss.

in other words, be prepared to go to court vs. getting your greencard/citizenship expedited.

I am sorry but all this is Chinese for me ! LOL

What does WOM means ?

As I told before. my english isn't perfect yet, still need to learn a lot !

Can you explain this in easy reading english please !

Thanks

[LaL 418]

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Edited April 19, 2007 by lal_brandow

[Dr_LHA 3]

They are two very different animals though, aren't they? Suing for citizenship is based on the fact that the law requires that a citizenship application is approved or denied 120 days after an immigrant passes the exam.

This is different for WOM for AOS, as there is no legal requirement as to how long AOS should take.

Edited April 19, 2007 by Dr_LHA

[BelgianSun 0]

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

Are the new regulations better for us ?

[Dr_LHA 3]

OK. Here is what I was referring to:

http://immigrationvoice.org/forum/showthread.php?t=1088

- Citizenship cases if you are applying for citizenship, you have a stronger option than writ of mandamus, called a peitition for declatory judgement, where you can argue not just for a judgement but for an approval of your case as well; in addition, when applying for citizenship, there is a hard and fast rule vs. the rule of thumb for WOM -- with citizenship, you should definately file after 120 days

So you can file WOM for citizenship, but its probably better to file for a declatory judgement.

[athena_ny 1]

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

Are the new regulations better for us ?

I don't think you can do much after a year. lal_brandow said about 2 years. After a year you could contact your senator, but they can't do much other than tell you it's still pending, really, if what I've read is correct

[LaL 418]

there are groups lobbying to put a check & balance system on the delays caused by the FBI namecheck program, but for as many times as I have posted how to help in the cause - no one seems interested

[BelgianSun 0]

there are groups lobbying to put a check & balance system on the delays caused by the FBI namecheck program, but for as many times as I have posted how to help in the cause - no one seems interested

In my case i am only waiting for AOS, not to become a citizen.

I just want to know where I stand and what to expect.

[LaL 418]

OK. Here is what I was referring to:

http://immigrationvoice.org/forum/showthread.php?t=1088

- Citizenship cases if you are applying for citizenship, you have a stronger option than writ of mandamus, called a peitition for declatory judgement, where you can argue not just for a judgement but for an approval of your case as well; in addition, when applying for citizenship, there is a hard and fast rule vs. the rule of thumb for WOM -- with citizenship, you should definately file after 120 days

So you can file WOM for citizenship, but its probably better to file for a declatory judgement.

namecheck is nameck regardless of what step you are at AFAIK. if you do not fall into the categories listed on the attachment, you run the risk of either going all the way to court, or getting a motion to dismiss (which we have seen).

http://www.uscis.gov/files/pressrelease/Ex...meChk022007.pdf

I am sure WOM can be used in other ways as you have mentioned.

[LaL 418]

have a read BelgianSun

NAMECHECK EXPLAINED

and

NAMECHECK FAQ

Edited April 19, 2007 by lal_brandow

[BelgianSun 0]

have a read BelgianSun

NAMECHECK EXPLAINED

and

NAMECHECK FAQ

I will.........................thank you