AOS interview successful, but waiting for FBI name check

[Chris W 0]

WEll I guess this 120 days rule is only apply to naturalization cases. In AOS you can certainly file writ of mandamus to sue uscis, but you can't do so on the basis of 120 days. It has to be on the basis that you have exhausted all of your resources to resolve this matter and suing is the only option left.

Hope this helps

I mean this in the best possible way, but -- how do you know that it's not possible to file a Writ of Mandamus for an AOS? As I understand it, the writ is a legal document compelling a government office (or official), in this case the FBI, to be held "accountable" as to whether or not your process has been correctly handled.

I don't see why this would be different for AOS or Naturalization?

[journeyhelper 0]

NAME..................Biometrics............AOS Interview.......Approval.......GC Rec'd.......Country

Satyam................08-16-04..............02-19-05...........Pending........Pending........India

David&Marissa.........10-08-04..............12-28-04...........Pending........Pending........

dcl766................12-31-04..............10-25-05...........Pending........Pending........Moldova

Sunnyisland...........06-06-05..............10-21-05...........Pending........someday!.......

mannionsworld.........08-16-05 .............10-24-05...........Pending........Pending........

Karotte...............11-22-05..............02-15-06...........Pending........Pending........

Ghallett..............12-15-05..............03-03-06...........Pending........Pending........

RebeccaJo ... ........12-20-05..............03-09-06...........Pending........Pending........UK

Huskerfan.............12-28-05..............02-09-06...........Pending........Pending........

gag5461...............12-28-05..............03-08-06...........04-05-06.......04-17-06.......

Irachka...............01-09-06..............04-26-06...........Pending........Pending........

Donnal................02-01-05..............01-09-06...........Pending........Pending........

babyzee...............02-06-06..............05-09-06...........Pending........Pending........Germany

Lal_brandow...........02-17-06..............05-28-06...........Pending........Pending........Canada/Egypt

Pink Rose's Son.......02-22-06..............05-17-06...........07-25-06.......Pending........Canada

Annman................02-28-06..............03-30-06...........Pending........Pending........

Nkem..................03-03-06..............04-11-06...........Pending........Pending........Nigeria

Chris W...............03-10-06..............04-26-06...........Pending........Pending........

ChanelKitten..........04-05-06..............05-11-06...........Pending........Pending........Canada

Designermedusa........02-04-06 (2nd time)...09-26-05...........03-06-06.......06-19-06.......

felina................04-10-06..............05-09-06...........Pending........Pending........

dani_christine........04-19-06..............06-20-06...........Pending........Pending........UK (N. Ireland)

Ans...................05-06-06..............07-21-06...........Pending........Pending........

timelena..............05-16-06..............06-08-06...........Pending........Pending........

Kopa..................unknown...............04-27-05...........Pending........Pending........

Ip_Everywhere.........04-15-06..............06-29-06...........Pending........Pending........Pakistan

scorpiogirl68.........xx-xx-xx..............06-23-06...........07-31-06.......Pending.........

Mrs. Johnson06........06-09-06..............08-02-06...........Pending........Pending........

NeonExile.............04-18-06..............07-24-06...........Pending........Pending.......

Reckless..............05-25-06..............08-03-06...........Pending........Pending........UK

Journeyhelper.........01-xx-05 .............05-23-05...........Pending........Pending......Algeria

niki .................05-18-05..............05-24-05...........Pending........Pending

Edited August 6, 2006 by journeyhelper

[dani_christine 0]

please disregard this post.

i am just feeling really p*ssy this morning, and feeling sorry for myself. whilst i know that some of you have been waiting even longer than we have...i just read yet another post on here saying "approved without interview in less than two months!!!"

now, sure...i'm happy for these folks. but for the love of pete! first we got stuck at the nebraska "service" center and had to watch as all those lucky stiffs from vermont got their approvals in a matter of days, not months.

and here we are...20+ months into this process, and still in fecking limbo.

all i want to know is...is there light at the end of the tunnel? will anthony *ever* get that greencard so he can work?? or should we bite the bullet and go ahead and apply for EAD at this late stage of the game?

ok, we now return you to your regularly scheduled program.

[ChanelKitten 0]

Christine,

I felt the exact same way as you yesterday, because I read that same post that said "approved in 2 months without interview". So obviously the FBI is more than capable of returning extremely speedy name checks....but is it only for a chosen few? I was trying to be as patient as possible before, but now that I see many people who applied after me and are getting approved way before me and others, it's extremely frustrating. This whole system sucks. And now we're also seriously debating applying for the EAD, but with our luck we will and we'll get approved before we get it. We've already given them enough money already.

Edited August 7, 2006 by ChanelKitten

[dani_christine 0]

ok, this may have been posted before...but i've been doing some research tonight.

first, i was looking around a bit for the information about the DHS ombudsman. here's what i found:

CIS Ombudsman >> Case Problems

Case problems result when USCIS customers, despite repeated inquiries with USCIS, have been unable to obtain a resolution to issues in their pending application or petition filed with USCIS.

If you are seeking only general information about immigration laws, policies and procedures, or case status information, you may wish to contact USCIS directly to obtain this information. There are several USCIS resources available to obtain general information as well as case status information about a pending case including:

For general information: USCIS National Customer Service Center;

To obtain case status information and USCIS processing dates: USCIS.gov online case status; and/or

If you need to speak to an immigration officer in person: you can make an Info Pass appointment to meet with an immigration officer in person at your local USCIS field office.

When You Should File a Case Problem with the CIS Ombudsman

If you have an ongoing or immediate issue with the USCIS, contact the CIS Ombudsman if:

You are facing, or are about to face, an immediate adverse action or impact, an emergency, or any other type of significant hardship, which is caused by an action/inaction/delay in processing by the USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS;

Your case experienced processing delays beyond anticipated processing times;

You will incur, or are about to incur, significant, and unusual costs (including fees for professional representation that are not normally incurred);

Have not received a response or resolution within the anticipated time frames as published by the USCIS;

The CIS Ombudsman cannot:

Adjudicate immigration applications or petitions;

Reverse an adverse decision issued by USCIS;

Serve as a substitute for legal options available to you to correct a problem; or

Provide legal advice.

Note: The CIS Ombudsman only has jurisdiction to provide assistance resolving case problems that arise under the jurisdiction of USCIS. The CIS Ombudsman is not able to provide assistance with case problems that arise under other immigration-related agencies such as:

The Immigration Courts and the Board of Immigration Appeals (BIA), which are part of the Executive Office of Immigration Review (EOIR);

The Department of Justice (DOJ);

Customs and Border Protection (CBP);

Immigration and Customs Enforcement (ICE);

Department of State (DOS), including the National Visa Center (NVC) and US Embassies and Consulates; or

Department of Labor (DOL).

How the CIS Ombudsman Provides Assistance Resolving Case Problems

Once we receive your case problem, we will review your case, determine if we are able to assist you, and if appropriate, forward your case to USCIS for resolution. If for some reason, we are not able to help you obtain a resolution to your case problem, we will tell you in writing why not. If another government office or agency is better able to assist you with resolving your case problem, we will make every effort to provide you with the contact information for that office or agency.

If you feel that our office should have accepted your case for assistance, you may resubmit your case problem with a detailed explanation as to why we should accept your case problem.

secondly, from the FBI website:

National Name Check Program—Frequently Asked Questions

How long will it take for my name check to be completed?

The length of time it takes for a name check to be completed varies from name to name. Normally, a name is submitted by an agency, such as the United States Citizenship and Immigration Services (USCIS), on a data tape. The National Name Check Program (NNCP) receives over 62,000 name checks every week, with over 27,000 coming from USCIS on a weekly basis. When a data tape comes in, the names on the tape are electronically checked against the Federal Bureau of Investigation's Universal Index (UNI). The searches seek all instances of the individual's name appearing in both main files and reference files. A main file name is that of an individual who is, himself/herself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, conspirators, or witnesses.

The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency.

A secondary manual name search conducted within 30-60 days usually identifies additional requests as having a "No Record." The remaining name checks (usually about 10% of the name checks originally submitted) are identified as possibly being the subject of an FBI record. At that point, the FBI record must be retrieved and reviewed. If the record is available in the FBI's electronic record keeping system, it can be reviewed quickly. If not, the relevant information must be retrieved from an existing paper record. Review of this information determines whether the information is positively identified with the name check request. If the information is not identified with the request, the request is closed as a "No Record," and the requesting agency is notified as such.

The average time required to retrieve and review an FBI record for possible information related to a name check request is case specific—it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file. If a file is stored locally, an analyst will be able to obtain the file within a matter of days. If a file is located in a field office or other FBI location, the applicable information must be requested from that location. There are over 265 different FBI locations that could house information pertinent to a name check request. If a file is electronically available, an analyst will have immediate access to that file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible information related to the name check request.

Many times, the delay associated with the processing of the remaining name checks is not the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name checks, several million each year, combined with the FBI's current work on processing residual name checks from a batch of 2.7 million requests submitted by USCIS in December 2002, as compared to the NNCP's limited resources. Less than one percent of the requests are identified with a file containing possible derogatory information. If applicable, the FBI then forwards a summary of the derogatory information to the requesting agency. It is important to note that the FBI does not adjudicate the name check requests, but only provides available information to a requesting agency for its adjudication process.

How can I have my name check expedited?

The FBI tries to process its oldest name checks first. Customer agencies will occasionally request expedited handling of specific name checks. Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency. The FBI does request that the number of expedited cases be kept to a minimum in fairness to the other pending name check requests. Because each customer agency determines which name checks are expedited, contacting Congressional representatives, the FBI's Office of Congressional Affairs, or the NNCP will only further tie up vital resources and will not contribute to the expediting of a name check.

Does contacting my Congressional representative expedite my name check?

No, the customer agency determines expedited handling. The FBI's policy is to be responsive to our customer's needs given the limits of our resources. Re-prioritization from multiple sources would convolute the customer agency's ability to manage their priority cases.

Is there a fee I can pay to expedite the process?

No. Processing times are a function of the volume of work versus the resources that can be applied to the task. Paying an additional fee would not speed up the name check process.

I am aware that some name checks have been completed that were submitted to the FBI after cases that remain pending. Why are the name checks not handled in the order in which they are received?

The vast majority of name check requests are completed in less than 60 days. Of those remaining, the FBI tries to complete the oldest name checks first. The time to complete any given name check varies. There are many factors that impact processing times such as the number of files to retrieve and review, a file's location and accessibility, case status, and workload all impact processing times. Another factor that might delay the processing of a name check request on a first in/first out basis is the number of requests for expedited handling received from a customer agency.

My Freedom of Information/Privacy Act request to the FBI resulted in a "no record" response. Given that, why is my name check request still pending?

Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a "main file" search. For a name check, "main files" and "reference files" are both checked, in an effort to protect our national security, in addition to searching a name in a multitude of combinations.

Who can I call to check on the status of my name check?

The FBI will only respond to status inquiries from its customer agencies. Please contact the organization receiving your original application. In Citizenship and Immigration cases, contact USCIS for the status.

we've made an infopass appointment for a week from today...at that point, we will be at one year, two days since filing for AOS. if we don't get any answers, i'm contacting the ombudsman. this ####### is ridiculous.

to add frustration to my day, anthony got a letter from Sallie Mae today saying that he has to submit a copy of his greencard in order to qualify for the student loans we've applied for. he starts school September 12.

GRRRRRRRR!

[Karenm 0]

Hello everybody!

Just had my interview today in Miami. We're approved but the FBI name check is pending, so I'm on the list also...

[KingCan 0]

I know it's must be a frustrating situation but I assume that most of the people who are waiting their name to be checked must have a EAD card so they can work and live here until they receive their GC... Why being so dramatic about something like this? Try to concentrate on the positive,that's what I did when I got stuck here for 5 years without being able to visit my family in my country due to a visa problem.With a positive attitude,soon or later things will get better.

Peace!

[dcl766 0]

I know it's must be a frustrating situation but I assume that most of the people who are waiting their name to be checked must have a EAD card so they can work and live here until they receive their GC... Why being so dramatic about something like this? Try to concentrate on the positive,that's what I did when I got stuck here for 5 years without being able to visit my family in my country due to a visa problem.With a positive attitude,soon or later things will get better.

Peace!

King Can-

Reason #1: Why should we have to pay over and over again for EAD's and AP's for the delay's on our name checks through no fault of our own?

Reason #2 Many people have posted individual problems that not having the green card have caused...you have to read the entire thread to fully understand the hardship this BS has caused.

Reason #3 In my own situation, we cannot claim our daughter as a dependent without jumping through hoops to obtain an ITIN on our taxes even though she meets all of the requirements aside from having a social security number-for which she must have a green card to apply for.

Reason #4 and so on.... of which I am sure many would like to add!

We do concentrate on the positive believe me. But at the same time we feel we are getting the "short end of the immigration stick" for having to wait for who knows how long for a card we have applied for properly, paid the proper fees, had our interview and were approved, yet still have no permanent residency card to show for our legal efforts. If it's too dramatic for you don't read the thread.

This thread is about unity and being able to vent our frustrations and possibly help each other and give each other some hope when we see the far too seldom approval...your situation was probaly similar in some aspects, but we all have reasons for being here and if you really wanted to be with your family you could have gone, but of course would have had to face your residency consequences in the USA based on your travel.

Dave

[rebeccajo 14]

I know it's must be a frustrating situation but I assume that most of the people who are waiting their name to be checked must have a EAD card so they can work and live here until they receive their GC... Why being so dramatic about something like this?.......Peace!

Lots of folks here have individual reasons, as dcl766 pointed out.

Overall though, for EVERY person waiting - the 'naturalization' clock cannot begin to tick until the greencard is issued. And I think that's a very important reason to track this information collectively.

[kariandmax 0]

I am on the list too...had interview today in Miami...pending FBI name check!!

[dani_christine 0]

I know it's must be a frustrating situation but I assume that most of the people who are waiting their name to be checked must have a EAD card so they can work and live here until they receive their GC... Why being so dramatic about something like this? Try to concentrate on the positive,that's what I did when I got stuck here for 5 years without being able to visit my family in my country due to a visa problem.With a positive attitude,soon or later things will get better.

Peace!

ok, thanks kingcan...suddenly i don't feel bad about our situation at all.

</sarcasm>

the thing is, i looked at your timeline and your other posts...you only filed for AOS 4 months ago...and some folks in this forum have been waiting up to two years! I also see you got the stamp in your passport, so for you, the greencard is really irrelevant. most of us have not been so lucky.

since we are stuck in name-check, we cannot get the stamp, we cannot work without EAD, we cannot travel without AP...for some reason, some folks are being penalized while others are flying through.

We're happy to see others who have a good AOS experience...but you know...if you can't take the "drama" of this thread, well...that's fine. it wasn't meant for you anyway.

[journeyhelper 0]

Reason #5 No financial aid or student loans without the greencard, so you cannot go to school unless you already have the money, which you don't because it cost you everything to go through this process.

Reason #6 going to school for 10 years and becoming a doctor, then when you get to this country you obey all the rules spending thousands of dollars to pass the tests, but the final step is you must serve another 2 years as a resident, that's ok its the process. But guess what, you aren't very likely to get that residency spot without a green card. And almost 2 years later he is still waiting. Oh and the residency placements are only done once a year so if he doesn't have it by March, he will have to wait another year.

Yes we are very glad he is here, but this length of time for a clearance is crazy. And no it isn't because he is from an North Africian country, there are many from Canada and Europe waiting. I think it is reasonable for people from countries that are on the state departments warning list to have to wait longer, but not this long. Shouldn't the real security have been done before they are allowed into the country? Sorry for the rant, it has been a frusturating day

I know it's must be a frustrating situation but I assume that most of the people who are waiting their name to be checked must have a EAD card so they can work and live here until they receive their GC... Why being so dramatic about something like this? Try to concentrate on the positive,that's what I did when I got stuck here for 5 years without being able to visit my family in my country due to a visa problem.With a positive attitude,soon or later things will get better.

Peace!

King Can-

Reason #1: Why should we have to pay over and over again for EAD's and AP's for the delay's on our name checks through no fault of our own?

Reason #2 Many people have posted individual problems that not having the green card have caused...you have to read the entire thread to fully understand the hardship this BS has caused.

Reason #3 In my own situation, we cannot claim our daughter as a dependent without jumping through hoops to obtain an ITIN on our taxes even though she meets all of the requirements aside from having a social security number-for which she must have a green card to apply for.

Reason #4 and so on.... of which I am sure many would like to add!

We do concentrate on the positive believe me. But at the same time we feel we are getting the "short end of the immigration stick" for having to wait for who knows how long for a card we have applied for properly, paid the proper fees, had our interview and were approved, yet still have no permanent residency card to show for our legal efforts. If it's too dramatic for you don't read the thread.

This thread is about unity and being able to vent our frustrations and possibly help each other and give each other some hope when we see the far too seldom approval...your situation was probaly similar in some aspects, but we all have reasons for being here and if you really wanted to be with your family you could have gone, but of course would have had to face your residency consequences in the USA based on your travel.

Dave

[rebeccajo 14]

Reason #7 - Can't get a decent mortgage loan without a greencard. Most of the lenders that would accept you charge either a higher interest rate or outrageous closing fees.

[Milka 0]

Congrats on the interview. The security check will be ok. Good luck for your future.

[LaL 418]

NAME..................Biometrics............AOS Interview.......Approval.......GC Rec'd.......Country

Satyam................08-16-04..............02-19-05...........Pending........Pending........India

David&Marissa.........10-08-04..............12-28-04...........Pending........Pending........

dcl766................12-31-04..............10-25-05...........Pending........Pending........Moldova

Journeyhelper.........01-xx-05 .............05-23-05...........Pending........Pending........Algeria

Sunnyisland...........06-06-05..............10-21-05...........Pending........someday!.......

mannionsworld.........08-16-05 .............10-24-05...........Pending........Pending........

Karotte...............11-22-05..............02-15-06...........Pending........Pending........

Ghallett..............12-15-05..............03-03-06...........Pending........Pending........

RebeccaJo ........12-20-05..............03-09-06...........Pending........Pending........UK

Huskerfan.............12-28-05..............02-09-06...........Pending........Pending........

gag5461...............12-28-05..............03-08-06...........04-05-06.......04-17-06.......

Irachka...............01-09-06..............04-26-06...........Pending........Pending........

Donnal................02-01-05..............01-09-06...........Pending........Pending........

Designermedusa........02-04-06 (2nd time)...09-26-05...........03-06-06.......06-19-06.......

babyzee...............02-06-06..............05-09-06...........Pending........Pending........Germany

lal_brandow...........02-17-06..............05-28-06...........Pending........Pending........Canada/Egypt

Pink Rose's Son.......02-22-06..............05-17-06...........07-25-06.......Pending........Canada

Annman................02-28-06..............03-30-06...........Pending........Pending........

Nkem..................03-03-06..............04-11-06...........Pending........Pending........Nigeria

Chris W...............03-10-06..............04-26-06...........Pending........Pending........

ChanelKitten..........04-05-06..............05-11-06...........Pending........Pending........Canada

felina................04-10-06..............05-09-06...........Pending........Pending........

Ip_Everywhere.........04-15-06..............06-29-06...........Pending........Pending........Pakistan

NeonExile.............04-18-06..............07-24-06...........Pending........Pending.......

dani_christine ...04-19-06..............06-20-06...........Pending........Pending........UK (N. Ireland)

Ans...................05-06-06..............07-21-06...........Pending........Pending........

KarenM................05-15-06..............07-29-06...........Pending........Pending............Brazil

timelena..............05-16-06..............06-08-06...........Pending........Pending........

niki .................05-18-05..............05-24-05...........Pending........Pending

Reckless..............05-25-06..............08-03-06...........Pending........Pending........UK

Kopa..................unknown...............04-27-05...........Pending........Pending........

scorpiogirl68.........xx-xx-xx..............06-23-06...........07-31-06.......Pending.........

miamimommy............06-03-06..............08-08-06...........Pending........Pending........

Mrs. Johnson06........06-09-06..............08-02-06...........Pending........Pending........

Edited August 9, 2006 by lal_brandow