AOS interview successful, but waiting for FBI name check

[ChanelKitten 0]

Oops, my previous reply should have been addressed to Dani & Anthony, not Dani & Christine....sorry

[ChanelKitten 0]

*bump*

[rebeccajo 14]

Holy #######! It's been touched! The message has not changed but it's been touched........

[dani_christine 0]

hoorah, rebecca!

actually, we were told way back when we went for his biometrics that his application was stuck in FBI name check....so i'm assuming that it's still there. i dunno...we were touched on june 17...3 days *before* our interview, so maybe that's good news of some sort?

[rebeccajo 14]

*bump*

[ariel_2005 0]

there is nothing you can do at all!!!! trust me we waited 11 months had to do another interview...and your biometrics will expire....contact anybody you want it does no good all you can do is wait thats it...

[dcl766 0]

there is nothing you can do at all!!!! trust me we waited 11 months had to do another interview...and your biometrics will expire....contact anybody you want it does no good all you can do is wait thats it...

Hmmm....sounds like someone forgot to take their optimism pill today

I don't know about that statement. Sure, maybe contacting people to help doesn't do much but it sure makes me feel like I am not just sitting around waiting for something to happen. Carina has been waiting 18 months since she filed for her AOS....

[ChanelKitten 0]

I called the USCIS mis-information line yesterday and was first told by a not very helpful officer, whom I don't think took the time to actually listen to my question, that it had not be more than 30 days since my processing time (as they are processing dates with a receipt of 04/05 and mine was received on 03/17), so there was nothing they could do. I then called back, on the insistance of my husband, and was this time told by another officer (who was a tad more helpful) that they are 'scripted' to tell people that there is nothing they can do unless it's been 6 months from your filing date or 4 months from your interview date. None of which of course is the case with me yet. She did say that my case has gone extremely fast so far and I would just have to be patient. And I know that is true, and that my case has gone so quickly, but it's still so frustrating to be so close, yet so far away.

My fingers are crossed for you Rebeccajo!!!

[sunnyisland 0]

We are in the same boat since our October, 2005 interview. Made infopass appt to renew EAD and received. When questioning the AOS, namecheck still pending and to make us feel better they said hundreds were in the same boat.

DCL766----I feel the same way---------you just feel you have to do something. So far the congressman or senator hasnt done any good. I dont even have a common name ! so there goes that theory. When I asked if I can be sure the request for the namecheck was even made (due to your response from L.Bush) they thought I was nuts. Its a brick wall and quite frustrating.

Did the ombudsman do anything for you?????????????????????Thats the only thing we havent tried yet.

[Randall Emery 0]

I know your pain. We waited 3 1/2 years on an FBI name check for my wife, and would have waited longer had we not taken action. We had to renew her biometrics twice and renew her employment authorization three times. In retrospect, my big regret is not finding out the right avenues to pursue earlier, and not taking more agressive action earlier. Even now, after the resolution, my wife can't apply for citizenship yet, because the 3 year clock starts ticking after you get your green card.

What worked for us, and what you can pursue as well, eventually, is to file a writ of mandamus in federal court. Of all the people listed, Kopa is probably the only one who has waited long enough to really think about this seriously. We actually waited longer than we had to. At two years, you have a very strong case, and after one year, you should consider filing. If you do eventually pursue this option, you should find an immigration attorney who specializes in litigation. You can expect to pay a small fee for an initial consultation, and if your case makes sense to pursue a writ of mandamus (it isn't for every case), you can reasonably expect to pay between $1,000 and $2,000 for the whole process. You can reasonably expect to see a resolution in about three months.

I'm sure you'll agree though, that you shouldn't have to sue the government for it to do it's job. I'm co-founder of a group called American Families United, which got started as a discussion group, but we have since grown into something more. We've hired a lobbyist to try to address these and other issues legsilatively. This Wednesday we had a very good meeting on Capitol Hill where interest was expressed in doing something about FBI name checks in particular. We are looking for more people, especially those who are constituents in key congressional districts who could approach Congressmen on this issue and help us fix this problem. Our website: http://www.americanfamiliesunited.com

[dcl766 0]

We are in the same boat since our October, 2005 interview. Made infopass appt to renew EAD and received. When questioning the AOS, namecheck still pending and to make us feel better they said hundreds were in the same boat.

DCL766----I feel the same way---------you just feel you have to do something. So far the congressman or senator hasnt done any good. I dont even have a common name ! so there goes that theory. When I asked if I can be sure the request for the namecheck was even made (due to your response from L.Bush) they thought I was nuts. Its a brick wall and quite frustrating.

Did the ombudsman do anything for you?????????????????????Thats the only thing we havent tried yet.

Haven't heard anything from the Ombusdman yet but I know they have our request since we sent it with delivery confirmation.

When our case was "referred" by the officer the other day when we called he said to give it 30-45 days and then call back.

As for seeing an immigration attorney, while it would be nice for Carina to have her green card for many reasons (get a SS#, bank account, etc) it is a blessing that Marina got hers first since her becoming a citizen is more important since she needs her citizenship to bring her parents over eventually if that's what they choose to do.

Of course it would be nice if we could have filed to remove the conditions for them together together but that is water under the bridge. Just like the Randall Emery said, you shouldn't have to sue the government just so they will do their job correctly and in a timely fashion.

[rebeccajo 14]

Monday morning bump......

[KarenCee 3]

Hmmmm....all this makes me a tad bit nervous about filing AOS. Joel doesn't have a common name (at least here in the States it's not a common one) but back home in NS it's a common one. I am fully prepared to call whomever I have to and have a good ol' southern style "come to jesus" meeting if I have to. I will not be intimidated by the USCIS any longer!

[rebeccajo 14]

*bump*

[Hibernia 0]

I have been waiting for 45-60 days for the name check, which, having read the replys to this thread, seems like a short time. The link below is a discussion of a USCIS memo on name check delays. It appears that filling a lawsuit may provide a resolution, but only in extreme cases (> 4 years).

http://www.visalaw.com/06jun1/13jun106.html

P.S. Isn't it ironic that the spell check on this website does not recogonize USCIS?