Open letter to Homeland Security

[LondonGooner 0]

Having thousands of people sitting around waiting for in some cases for years on end for a name check to be processed is hardly benefiting National Security. As I have said before anyone aiming to come into the US in order to commit mass-terror is hardly likely to do so by making sure he/she files the correct paperwork and then wait for the FBI to clear his/her application before carrying out their nefarious deeds! Besides that the current system is being made a mockery of by the fact that there is a huge border to the south of us that is to all intents and purposes un-policed and anyone and everyone, who so desires, can cross it without permission.

Actually my rights also extend to Homeland Security. When US or British foreign policy, which I don't have a say in, potentially makes me a target for some fanatic then I have the right to demand that my government protects me and that entails securing all borders and checking the backgrounds of all people entering the country where I live no matter for how long they intend to say. Remember I worked in law enforcement in the UK therefore, I have some knowledge, a lot more than you I suspect, as to what makes people feel safe and how that can be achieved successfully and with minimum disruption and distress to the vast majority.

Finally, I also have a degree in American Studies and know many professors who would state that the government was designed to work for me and my interests whilst the constitution was framed to protect me from tyranny. Therefore, it is my right to ask the government to reform a system that is broken and corrupt and prevents me from living my life. I am not saying that the government is preventing me from living the life of a rock star or multi-millionaire, they are preventing me from living any kind of life that I should reasonably expect to live, such as, working for a wage, travelling freely to where I want, when I want and that includes the opportunity to gain a driver's license. My wife is a tax payer and a voter therefore the government is accountable to her. I was led to believe that the US was a federal democracy not a dictatorship therefore the 535 members of Congress are supposed to represent my wife's interests and those of all other US citizens which brings me back nicely to national security and the lack there of it.

I do not think you will get an argument from anyone here that the system need to be fixed. Annie and I have long been proponents that the Name check should be done prior to entry.

That is why I would encourage you to get involved in reforming the system.

Oh and just to point out, America is not a democracy, it is a democratic republic. There is a slight difference.

In my original post I said America was a federal democracy what I meant to say, as someone else has pointed out, is that the US is a Federal Republic.

As an American Studies major that was a pretty big mistake to make on my part . However, in my defence I was trying keep my train of thought going so I could get my point across.

[MonicaMexico 0]

absolutely, but then who does this law apply to (i.e. citizen vs. non-citizen)?

Well, speaking for myself (and NOT for everyone else) I feel like it's my right (not a privilege) as an American citizen to marry whom I choose, and allow them to live and work in this country. This is the principle behind the K1 and K3 visas, but my only gripe is that the process takes so long - especially since it doesn't have to, with so much new and better technology.

Edited September 14, 2007 by MonicaMexico

[John & Annie 0]

absolutely, but then who does this law apply to (i.e. citizen vs. non-citizen)?

Well, speaking for myself (and NOT for everyone else) I feel like it's my right (not a privilege) as an American citizen to marry whom I choose, and allow them to live and work in this country. This is the principle behind the K1 and K3 visas, but my only gripe is that the process takes so long - especially since it doesn't have to, with so much new and better technology.

Even though we all think they were set up wrong, the k visa'a are non-immigrant visas.

[LondonGooner 0]

absolutely, but then who does this law apply to (i.e. citizen vs. non-citizen)?

Well, speaking for myself (and NOT for everyone else) I feel like it's my right (not a privilege) as an American citizen to marry whom I choose, and allow them to live and work in this country. This is the principle behind the K1 and K3 visas, but my only gripe is that the process takes so long - especially since it doesn't have to, with so much new and better technology.

Exactely ! That is precisely how my wife (USC) feels.

[Chris Parker 11]

Having thousands of people sitting around waiting for in some cases for years on end for a name check to be processed is hardly benefiting National Security. As I have said before anyone aiming to come into the US in order to commit mass-terror is hardly likely to do so by making sure he/she files the correct paperwork and then wait for the FBI to clear his/her application before carrying out their nefarious deeds!

How do you know for sure that it is really an FBI name check delay? Because USCIS told you?

Sorry, even if the FBI told you this (or told your Congressman or whoever), I think we all somehow know that it is just a USCIS cover story. USCIS is a national security agency, and it has the power to mark information as classified and to conduct undercover investigations. Such action is also not uncalled for when the bona fides of a marriage are being questioned. For them to call this process an "FBI name check delay" is totally plausible. The best part is the imposing extreme delays is the cheapest and most effective method to expose suspected marriage fraud. The only thing unfair about this process are the fees for temporary benefits renewals, which they've now eliminated under the new fee schedule, and the delay in eligibility for naturalization, which ties right back into the core national security risk.

[John & Annie 0]

Having thousands of people sitting around waiting for in some cases for years on end for a name check to be processed is hardly benefiting National Security. As I have said before anyone aiming to come into the US in order to commit mass-terror is hardly likely to do so by making sure he/she files the correct paperwork and then wait for the FBI to clear his/her application before carrying out their nefarious deeds!

How do you know for sure that it is really an FBI name check delay? Because USCIS told you?

Sorry, even if the FBI told you this (or told your Congressman or whoever), I think we all somehow know that it is just a USCIS cover story. USCIS is a national security agency, and it has the power to mark information as classified and to conduct undercover investigations. Such action is also not uncalled for when the bona fides of a marriage are being questioned. For them to call this process an "FBI name check delay" is totally plausible. The best part is the imposing extreme delays is the cheapest and most effective method to expose suspected marriage fraud. The only thing unfair about this process are the fees for temporary benefits renewals, which they've now eliminated under the new fee schedule, and the delay in eligibility for naturalization, which ties right back into the core national security risk.

ok, first off. The FBI Name check is a real thing.

Second, due to accountability and statistical reports that are made to Congress, the thought that applications are being delayed as "most effective method to expose suspected marriage fraud" is unfounded.

Third, While USCIS performs a function under Homeland Security, they are not a National Security agency and have no law enforcement capabilities, you may be confused with Customs and Border Enforcement.

Fourth, only one percent of the people submitted for Name check have substantial delays in this process.

No one here is arguing with the fact that the system needs to changed, but paranoia does not help.

Edited September 14, 2007 by John & Annie

[WifeOHunkyJohn 2]

Searched for "fbi name check". Results 1 - 6 of about 6. Search took 0.03 seconds.

Federal Bureau of Investigation - National Name Check Program

... employment with the federal government. Department of State ? Submits FBI name

check requests on individuals applying for visas. Not all visa matters require ...

www.fbi.gov/hq/nationalnamecheck.htm - 26k

Federal Bureau of Investigation - Congressional Testimony

... Records Management Division, FBI before the Senate Subcommittee on International

Operations and Terrorism October 23, 2003 "The FBI Name Check Process". ...

www.fbi.gov/congress/congress03/hardy102303.htm - 35k

Federal Bureau of Investigation - Congressional Testimony

... homeland; more than 70 federal and state agencies regularly request an FBI name

check. Two specific visa request categories, Visa Condor and Visa Mantis, are ...

www.fbi.gov/congress/congress03/garrity071003.htm - 48k

Federal Bureau of Investigation - Congressional Testimony

... FBI Name Check Process. Certain visa applications require substantial interagency

vetting prior to approval by the Department of State. The primary category is ...

www.fbi.gov/congress/congress04/garrity021304.htm - 35k

Federal Bureau of Investigation - Congressional Testimony

... FBI Name Check Process. The FBI receives information on the applicants from the

Department of State via computer disc, cable, or manual (facsimile) submissions ...

www.fbi.gov/congress/congress04/garrity022504.htm - 47k

Federal Bureau of Investigation - Congressional Testimony

... before the Senate Subcommittee on European Affairs; October 23, 2003 - The FBI Name

Check Process David M. Hardy, Acting Assistant Director, Record/Information ...

www.fbi.gov/congress/congress03.htm - 38k

And that's without trying...

Edited September 14, 2007 by WifeOHunkyJohn

[Chris Parker 11]

ok, first off. The FBI Name check is a real thing.

Second, due to accountability and statistical reports that are made to Congress, the thought that applications are being delayed as "most effective method to expose suspected marriage fraud" is unfounded.

Third, While USCIS performs a function under Homeland Security, they are not a National Security agency and have no law enforcement capabilities, you may be confused with Customs and Border Enforcement.

Fourth, only one percent of the people submitted for Name check have substantial delays in this process.

No one here is arguing with the fact that the system needs to changed, but paranoia does not help.

I wish that were true. The thing about USCIS isn't a law enforcement agency is true, however USCIS is also charged with the investigation of applications for immigration benefits to prevent fraud which would threaten America's national security (DHS mandate). It's sort of like the detective vs. the police officer. USCIS is the detective when they process an application. See the links below to see some material about how this process really works...

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

http://www.uscis.gov/files/pressrelease/Na...ity091206FS.pdf

With regards to classified information, all information considered or obtained in the processing of an immigration application and everything kept in the A-file has been designated by DHS as classified information in the interests of national security. You can't even make a Privacy Act request to see it, ever!

So, it turns out, here is where the real explanation is of what is going on behind the FBI name checks delay excuse is actually very simple:

8 CFR 103.2(b)(18) Withholding adjudication. A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation. If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director's determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completi on of the investigation, he/she shall review that determination every six months.

[LaL 418]

Chris - for simplicity sake, are you suggesting the FBI namecheck is some sort of ruse?

[Chris Parker 11]

Federal Bureau of Investigation - Congressional Testimony

... before the Senate Subcommittee on European Affairs; October 23, 2003 - The FBI Name

Check Process David M. Hardy, Acting Assistant Director, Record/Information ...

www.fbi.gov/congress/congress03.htm - 38k

And that's without trying...

And FBI keeps saying they complete 98% of the name checks within 120 days. The rest of the delay's time is on USCIS's tab actually, I'd say.

[Chris Parker 11]

Chris - for simplicity sake, are you suggesting the FBI namecheck is some sort of ruse?

Precisely - it is USCIS and we all know it.

Effective investigation of suspected marriage fraud by USCIS really takes years of waiting to see if the couple ever breaks up. How else would you do it?

[LaL 418]

Federal Bureau of Investigation - Congressional Testimony

... before the Senate Subcommittee on European Affairs; October 23, 2003 - The FBI Name

Check Process David M. Hardy, Acting Assistant Director, Record/Information ...

www.fbi.gov/congress/congress03.htm - 38k

And that's without trying...

And FBI keeps saying they complete 98% of the name checks within 120 days. The rest of the delay's time is on USCIS's tab actually, I'd say.

Those are 2003 stats. I will have to look back at my links to get newer data.

Chris - for simplicity sake, are you suggesting the FBI namecheck is some sort of ruse?

Precisely - it is USCIS and we all know it.

Effective investigation of suspected marriage fraud by USCIS really takes years of waiting to see if the couple ever breaks up. How else would you do it?

I see. I wholly disagree.

[Caladan 19]

Chris, the theory might make more sense if there was anything in the I-485 petition that spoke to the validity of the marriage.

Or if first-world, same native language, as far away from the mail-order bride stereotype as you can get people DIDN'T get caught in name checks. It happens to Canadians, Englishmen, while petitioners from high fraud consulates get approved without interviews.

[LaL 418]

As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months.41

http://www.immigration.com/newsletter1/ombd07annreport.pdf

[Chris Parker 11]

As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months.41

http://www.immigration.com/newsletter1/ombd07annreport.pdf

Yeah, other agencies like the Ombudsman and FBI are forced under the regulations not to prejudice the ongoing USCIS investigation. It has been decided to let FBI take the blame to best distract the applicant from the real investigation. Maybe FBI will even get more money from Congress? (because USCIS sure won't) Ombudsman has to go along with it. In the same report, Ombudsman even admits that USCIS denied him access to records and facilities.

Edited September 14, 2007 by Chris Parker