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Two major law firms' websites posted unconfirmed source about new development on FBI name check.

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

MY GOD !!!! Could this be a real thing?!

http://www.ilw.com

http://www.shusterman.com/

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Filed: AOS (pnd) Country: Brazil
Timeline
Two major law firms' websites posted unconfirmed source about new development on FBI name check.

FBI Delays To End

Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

MY GOD !!!! Could this be a real thing?!

http://www.ilw.com

http://www.shusterman.com/

Well, there have been some rumors like this in the past, in fact, USCIS once said that this problem was going to be resolved. We hope for the best, because not only is it ridiculous to make some people wait 3..4 years but it also shows that the security of this country that they talk about so much is seriously compromissed - They can't even process a background check, who is to say that they are going to be anymore efficient when it comes to catching the bad guys.

Oh well... I wish a lot of patience and luck to the ones stuck in the FBI name-check. I can't imagine walking 1 minute in your shoes.

0.14..MY%20TIMELINE.png

06/05/01 - Entered the U.S. on a B2 Visa with parents (17 years old at the time)

01/05/07 - Got married

04/04/07 - AOS package mailed :)

04/08/07 - On Easter Sunday - Package received DAY 1

04/17/07 - NOA1 Received. (Dated 04/13/2007) DAY 10

04/18/07 - Touched DAY 11

04/19/07 - Touched AGAIN DAY 12

04/20/07 - Biometrics appt notice received (05-02-07) DAY 13

04/27/07 - I-130 Touched DAY 20

05/02/07 - Biometrics (Took us 8 minutes - no kidding) DAY 25

05/03/07 - I-485 Touched DAY 26

05/17/07 - Interview letter arrived (07-17-07) DAY 41

07/17/07 - Interview - Everything went well but received an RFE DAY 102

08/28/07 - RFE sent - Took a long time to get what they needed DAY 144

08/29/07 - RFE received - DAY 145

10/04/07 - Email: Notice welcoming new resident mailed - DAY 180

10/05/07 - Touched - DAY 181

10/09/07 - Welcome Notice received. - DAY 185

10/10/07 - Card production ordered. - DAY 186

10/17/07 - Green card received !!!!!!!! - Day 193

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Hopefully this is true. What kind of ####### organization can take 3 or 4 years to verify a person's name? Oh yeah...the FBI.

I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

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Filed: K-1 Visa Country: Ukraine
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It is necessary and needed, because it protects the USA from illegal immigrants and terrorists, it is a matter of priorities by the executive branch of USA government, the tax dollars are there but have been diverted to other areas instead of to the USCIS and FBI to upgrade or hire additional staff to handle the processing of these marriage visas, once again it all starts at the top(White House), look no further.

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Filed: Timeline
It is necessary and needed, because it protects the USA from illegal immigrants and terrorists, it is a matter of priorities by the executive branch of USA government, the tax dollars are there but have been diverted to other areas instead of to the USCIS and FBI to upgrade or hire additional staff to handle the processing of these marriage visas, once again it all starts at the top(White House), look no further.

In no way does it stop illegal immigration or protect the US from terrorists...... this check is done at AOS level so they are already in the US.... all it does is hold up someone greencard.... I dont think a terrorist is going to wait until he/she has a greencard before attacking the US.... and as far as illegal immigrants they can not do ASO, so they will not undergo FBI name check....

Kez

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Filed: K-1 Visa Country: Ukraine
Timeline

Ah but you are flawed in that logic per the USCIS, that is your view even if incorrect in the eyes of USCIS, for the illegal immigrants will eventually want to come out of the shadows and Adjust status, thus when they do the background check is there for that purpose, and have you ever heard of sleeper cells for terrorists? You should know, England has had a fair share of them just biding their time until the time was right then attacking your subways, these checks are necessary at every step of the process unfortunately in this day and age, the problem is there just needs to be more money given to USCIS and FBI to enable more timely processing and more staff help to work cases. Please share those comments with the US Dept of Homeland of Security and see what they tell you, the threat and danger are real, a clear and present danger to the USA, whether someone from another country likes it or not or how the USA immigration works.

It is necessary and needed, because it protects the USA from illegal immigrants and terrorists, it is a matter of priorities by the executive branch of USA government, the tax dollars are there but have been diverted to other areas instead of to the USCIS and FBI to upgrade or hire additional staff to handle the processing of these marriage visas, once again it all starts at the top(White House), look no further.

In no way does it stop illegal immigration or protect the US from terrorists...... this check is done at AOS level so they are already in the US.... all it does is hold up someone greencard.... I dont think a terrorist is going to wait until he/she has a greencard before attacking the US.... and as far as illegal immigrants they can not do ASO, so they will not undergo FBI name check....

Kez

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Filed: Other Timeline

zqt3344 -

Would you like to tell me how the Department of Homeland Security is protecting me from the clear and present danger of sleeper terrorists by taking years to check their background, meanwhile allowing them to legally work and live here?

Ah but you are flawed in that logic per the USCIS, that is your view even if incorrect in the eyes of USCIS, for the illegal immigrants will eventually want to come out of the shadows and Adjust status, thus when they do the background check is there for that purpose, and have you ever heard of sleeper cells for terrorists? You should know, England has had a fair share of them just biding their time until the time was right then attacking your subways, these checks are necessary at every step of the process unfortunately in this day and age, the problem is there just needs to be more money given to USCIS and FBI to enable more timely processing and more staff help to work cases. Please share those comments with the US Dept of Homeland of Security and see what they tell you, the threat and danger are real, a clear and present danger to the USA, whether someone from another country likes it or not or how the USA immigration works.

It is necessary and needed, because it protects the USA from illegal immigrants and terrorists, it is a matter of priorities by the executive branch of USA government, the tax dollars are there but have been diverted to other areas instead of to the USCIS and FBI to upgrade or hire additional staff to handle the processing of these marriage visas, once again it all starts at the top(White House), look no further.

In no way does it stop illegal immigration or protect the US from terrorists...... this check is done at AOS level so they are already in the US.... all it does is hold up someone greencard.... I dont think a terrorist is going to wait until he/she has a greencard before attacking the US.... and as far as illegal immigrants they can not do ASO, so they will not undergo FBI name check....

Kez

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Filed: Country: United Kingdom
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Ah but you are flawed in that logic per the USCIS, that is your view even if incorrect in the eyes of USCIS, for the illegal immigrants will eventually want to come out of the shadows and Adjust status, thus when they do the background check is there for that purpose, and have you ever heard of sleeper cells for terrorists? You should know, England has had a fair share of them just biding their time until the time was right then attacking your subways, these checks are necessary at every step of the process unfortunately in this day and age, the problem is there just needs to be more money given to USCIS and FBI to enable more timely processing and more staff help to work cases. Please share those comments with the US Dept of Homeland of Security and see what they tell you, the threat and danger are real, a clear and present danger to the USA, whether someone from another country likes it or not or how the USA immigration works.

None of the terrorists associated with British attacks have been immigrants. They were ALL British born citizens.

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Filed: AOS (apr) Country: Syria
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oh pleeeeeeeez let it be true. and pleeeeeeeez let it happen before my husbands EAD renewal (which i sent today) so i can cancel the check and keep my money. ohhhhh pleeeeeeeez.

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Filed: K-1 Visa Country: Ukraine
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British born citizens you say? Interesting, rather eye opening that they have access to a tourist visa to the USA wouldn't you say? I mean think about it, you answered the question as to why the Dept of Homeland Security and FBI do what they do. Sadly enough in this day and age the USA has no other choices but to be safe and sure and do everything they can to prevent another attack on the USA. :whistle:

Ah but you are flawed in that logic per the USCIS, that is your view even if incorrect in the eyes of USCIS, for the illegal immigrants will eventually want to come out of the shadows and Adjust status, thus when they do the background check is there for that purpose, and have you ever heard of sleeper cells for terrorists? You should know, England has had a fair share of them just biding their time until the time was right then attacking your subways, these checks are necessary at every step of the process unfortunately in this day and age, the problem is there just needs to be more money given to USCIS and FBI to enable more timely processing and more staff help to work cases. Please share those comments with the US Dept of Homeland of Security and see what they tell you, the threat and danger are real, a clear and present danger to the USA, whether someone from another country likes it or not or how the USA immigration works.

None of the terrorists associated with British attacks have been immigrants. They were ALL British born citizens.

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Filed: K-1 Visa Country: Philippines
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I hope this is real. Come to think of it, before we are issued for our visa, they already check our papers and we are cleared already from our Country of Origin. If they do have lots of work to be done, then they should just hire more staffs knowing that, applicants pay a lot of money just for them to process the papers.

July 7,2006 = received i-129f at NSC

July 12, 2006 = NOA1

Sept 15, 2006 = touched

Sept 17, 2006 = touched

Sept 18, 2006 = Finally! we got email notification of NOA2!!! :)

Sept 23, 2006 = NOA2 in mail

Oct 11, 2006= electonic mail of my case number! thanks God!

Feb 15, 2007 = interview (approved! thanks God)

March 8, 2007 = Arrived in Portland, Oregon

May 2007 AOS application

Aug 2007 Interview date but cancelled :(

praying for approval soon

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Filed: Timeline

I'm sorry to say that I feel that the DHS FAILED to protect us if a visa was completed and processed on a person who then later gets a "hit" with the FBI Lets say someone from Northern Ireland blew right through the petition/interview process in oh, 107 days. That person then has a "hit" on one of the FBI databases and is allowed to cool their heels on US soil while the background check is resolved.

Northern Ireland, with their history of bloody attacks on innocent civilians, to further their cause, was once awash with active terrorists and especially sympathizers and supporters of terrorism. If in fact, there is a "hit", than I would like to have seen that "hit" identified during the initial processing and not allow that person into the US while the FBI completes the job that Homeland Security should have done during initial petition processing.

I apologize, but that's the way I see it. Hits generated during AOS tell me that the Department of Homeland Security (USCIS) failed us in the immigration process, which is another reason I am strongly against the "alternate immigration path" of flying over, getting married, then filing AOS. It is just my feeling, no matter how painful it sounds, that names with "hits" should wait patiently in their home countries until the "hits" are resolved. I DO support what the FBI/Intellegence/INS is doing with database consolidation to speed up their name check processes.

zqt3344 -

Would you like to tell me how the Department of Homeland Security is protecting me from the clear and present danger of sleeper terrorists by taking years to check their background, meanwhile allowing them to legally work and live here?

Ah but you are flawed in that logic per the USCIS, that is your view even if incorrect in the eyes of USCIS, for the illegal immigrants will eventually want to come out of the shadows and Adjust status, thus when they do the background check is there for that purpose, and have you ever heard of sleeper cells for terrorists? You should know, England has had a fair share of them just biding their time until the time was right then attacking your subways, these checks are necessary at every step of the process unfortunately in this day and age, the problem is there just needs to be more money given to USCIS and FBI to enable more timely processing and more staff help to work cases. Please share those comments with the US Dept of Homeland of Security and see what they tell you, the threat and danger are real, a clear and present danger to the USA, whether someone from another country likes it or not or how the USA immigration works.

It is necessary and needed, because it protects the USA from illegal immigrants and terrorists, it is a matter of priorities by the executive branch of USA government, the tax dollars are there but have been diverted to other areas instead of to the USCIS and FBI to upgrade or hire additional staff to handle the processing of these marriage visas, once again it all starts at the top(White House), look no further.

In no way does it stop illegal immigration or protect the US from terrorists...... this check is done at AOS level so they are already in the US.... all it does is hold up someone greencard.... I dont think a terrorist is going to wait until he/she has a greencard before attacking the US.... and as far as illegal immigrants they can not do ASO, so they will not undergo FBI name check....

Kez

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British born citizens you say? Interesting, rather eye opening that they have access to a tourist visa to the USA wouldn't you say? I mean think about it, you answered the question as to why the Dept of Homeland Security and FBI do what they do. Sadly enough in this day and age the USA has no other choices but to be safe and sure and do everything they can to prevent another attack on the USA. :whistle:

The point others are making is that the name-check holdups are clearly not contributing to security because in most cases, the applicants are legally in the U.S., can seek employment, and are able to travel abroad and return. Checking into these applicants is clearly not a priority for the FBI because these applications can languish for years. If the tens of thousands of people whose applications have been held up for the background checks were truly considered threats, they wouldn't have been allowed into the country in the first place.

In a word, this process, in the way it's being conducted currently, is a joke.

I don't think anyone is arguing with you that ensuring national security (to the extent possible) is crucial, but this extremely backlogged background check business is not the way to go about it.

I truly hope that this is addressed very soon by the powers that be. It's a national embarrassment.

K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

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Northern Ireland, with their history of bloody attacks on innocent civilians, to further their cause, was once awash with active terrorists and especially sympathizers and supporters of terrorism. If in fact, there is a "hit", than I would like to have seen that "hit" identified during the initial processing and not allow that person into the US while the FBI completes the job that Homeland Security should have done during initial petition processing.

I apologize, but that's the way I see it. Hits generated during AOS tell me that the Department of Homeland Security (USCIS) failed us in the immigration process, which is another reason I am strongly against the "alternate immigration path" of flying over, getting married, then filing AOS. It is just my feeling, no matter how painful it sounds, that names with "hits" should wait patiently in their home countries until the "hits" are resolved. I DO support what the FBI/Intellegence/INS is doing with database consolidation to speed up their name check processes.

If the process changes in the way you suggest, the criteria for a name generating a hit would have to be changed completely. Right now, someone with a name and birthdate similar to those of someone who was a even a witness to an incident 20 years ago could be stuck in name check. Country of origin and travel history aren't even considered in this part of the check. It's no surprise that so many people from Canada and the UK are stuck, particularly those with common names. The more I learn about it, the more I want to bang my head against the wall. We applied for AOS two years ago and are still waiting because of this feel-good, "look, we're doing something!" bull$#it from USCIS (via procedures involving the revered FBI). How can anyone justify the process when it's so obviously flawed?

K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

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