AOS interview successful, but waiting for FBI name check

[rebeccajo 14]

Without filing the "WOM" or what it's called how long can this take. Forever?

Is there anything else that could be done besides contacting senators and congresmans?

........

Seriously is there anything I can do to make them touch my case?

Luc

Question #1. Yes. Forever.

Question #2. No.

Question #3. No.

Edited January 9, 2007 by rebeccajo

[LaL 418]

Seriously is there anything I can do to make them touch my case?

Luc

i posted an action listing. thats about all i have discovered you can do.

[rebeccajo 14]

Seriously is there anything I can do to make them touch my case?

Luc

i posted an action listing. thats about all i have discovered you can do.

LOL....you go girl!

As I typed my answer I was actually thinking 'well providing you have done at least SOME of the stuff on Laura's list".......................

[ljpren 0]

Thanks guys... smile... always helps

Well we are planning to speak to a lawyer soon so I will keep you posted on whatever is happening.

Besides of course I am gonna call back immediately after the 6 months. I am sure that will help

[LaL 418]

anyone else who missed the conference call and is interesting in learning more about what we can do, please PM me or rebecca!

[LaL 418]

##### and then ### but i had ##### do ####### and i can't #########.

oh and ##### alll the other ones

[Immigrant 0]

ACTION LISTING:

note in red new items per the advice of the attorney I consulted with.

Confirming Prints received

1-304-625-2000

Select the option of Immigration on the auto-attendant, get a

switchboard operator, tell them you want to speak with someone

regarding immigration fingerprinting. A rep will answer and look

up your "A" number and confirm when/if prints were received and

returned.

Congressman Contact (provide your zipcode)

Senator Contact(provide your state)

INFOPASS Scheduler

Namecheck Expedite Criteria

Articles

DAILY BULLETIN

VISA LAW

NAMECHECK

NAMECHECK 2

CONGRESSIONAL NAME CHECK TESTIMONY 2003

Msg Board Topic

Writ of Mandamus Help

DOH CHALLENGES

REVIEW OF IMMIGRATION SECURITY CHECKS

YAHOO GROUP

American Families United

Contact the IMMIGRATION ASSISTANCE Center vs. USCIS

pertinant information to:

111 Massachusetts Ave NW 6th Floor

Washington, DC 20539

EAR Definition

Papertrails of attempts to reconcile this is important.

Build up your file with correspondences every so often

to *prove* your exhausting all resources. Its called exhaustion

of administrative remedies (EAR).

FOIPA**

FOIA MAIN PAGE

1. INSTRUCTIONS & FORM

2. Fill it

3. Get it notorized (not required)

4. Send it by snail mail.

5. Wait for 2-3 weeks. You will get a response (hopefully!!)

** no record is a positive result

REQUEST YOUR FBI RECORD YOURSELF

this will entail having your fingerprints taken

FBI Identification Record Request

Ombudsman

Overview of CIS Ombudsman's 2006 Annual Report to Congress

2006 OMBUDSMAN 2006 REPORT

When You Should File a Case Problem with the CIS Ombudsman

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;

GENERAL GUIDELINES

SUBMITTING CASE PROBLEMS TO OMBUSDMAN INSTRUCTIONS

Hi,

Thanks for the posting... very considerate of you.

Did the attorney mention how requesting your own background check is benificial, I'm am going to do it but wondering if it will lead to an FBI drone person putting 2 and 2 together and figuring out they need to complete the USCIS name check, or is it more of a symbolic gesture that an applicant has exhausted all resources.

Thanks again.

[LaL 418]

Hi,

Thanks for the posting... very considerate of you.

Did the attorney mention how requesting your own background check is benificial, I'm am going to do it but wondering if it will lead to an FBI drone person putting 2 and 2 together and figuring out they need to complete the USCIS name check, or is it more of a symbolic gesture that an applicant has exhausted all resources.

Thanks again.

Its part of the EAR to further your cause when filing a WOM as I understand it. If you can come up with nothing on your record when requesting it, then its likely USCIS is holiding up your file. USCIS can place a "hold"" on your case according to this attorney.

[Synthetrix 0]

We have been 14 months since they were sent to the FBI and 11 months since his interview. There is nothing to do but wait believe me, even a senator cannot move them. Yes he is from a North African country but I saw someone else on this board with a long wait from Scotland, and someone else from Morocco who got theirs right away so it doesn't make much sense.

Yeah, the country of origin does not always seem to be the reason why they take so long from what I can tell. My wife is from Hong Kong and we had our AOS interview in August. The interviewer was very nice and said that we would be recommended for approval, but that the FBI was still pending with the name check business and to contact them in 90 days if we have not heard anything. Well it's January and still no word. I have scheduled an INFOPASS for the 18th of this month. Hopefully we'll hear something before then, but it's just a hurry up and wait situation. Alice is a nurse and has been out of work for a year now and is dying to get back to work.

[LaL 418]

bump from the black hole.

very disconcerting link : http://americanfamiliesunited.org/forum/in...php?topic=222.0

/sigh

[sunnyisland 0]

So ... if I understand correctly; those of us thinking about filing a WOM should do as soon as weve exhausted all other avenues?!

before the one thing we could do will be taken away from us...

[LaL 418]

So ... if I understand correctly; those of us thinking about filing a WOM should do as soon as weve exhausted all other avenues?!

before the one thing we could do will be taken away from us...

sunny - i really dont know. the only thing i can suggest is to take this regulation printout to a consult with a competent immigration lawyer and get their recommendation. I dont know if its too close to the deadline or not.

[LaL 418]

I feel like there definately should be more people on this thread outraged by current events. I was once semi-comfortable knowing Writ of Mandamus option was available, now I am dumbstruck. I literally feel sick that our only way *out* (should we need it) according to the new regulations is being nixed. The only thing I can suggest, is to again, check out AFU and look at what they are providing as a check and balance for those in this situation. I can only hope we may be cleared, but if you have ever read my signature hope is not a strategy and being part of AFU is the best avenue.

For those unfamiliar with what I am alluding to see below.

Quote taken from YAHOO NAMECHECK TRACKER by Daniel Huang, the attorney I consulted with.

Hi Everyone,

Looks like the US Attorneys have pressured the USCIS to develop

develop regulations so that they don't have to expedite mandamus cases

in the interest of "fairness" to other applicants. Once regulations

are published (expected to be about 6 months from now), the US

Attorneys will file motions to dismiss all WOM and 1447b petitions

based on the new regulations. Looks like this will be the end of slam

dunk WOMs and 1447bs when the regulations become finalized.

Daniel Huang

The entire link is at:

http://a257.g.akamaitech.net/7/257/2422/11dec20060800/edocket.access.gpo.gov/ua0\

61211/ua061009.txt

Here is the relevant abstract:

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

[rebeccajo 14]

Laura, this thread has gotten so big I don't think a lot of people pay attention to it. Most of the interest in this forum seems to be on CSC.

Maybe you should post this information in a new thread?

[LaL 418]

Laura, this thread has gotten so big I don't think a lot of people pay attention to it. Most of the interest in this forum seems to be on CSC.

Maybe you should post this information in a new thread?

i suppose, however this has been THE spot for people in this situation since gag started the thread March 2006. Im thinking there are just very few who care.