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-   -   FBI Namecheck, FBI Fingeprints, and Writ of Mandamus (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/fbi-namecheck-fbi-fingeprints-writ-mandamus-385939/)

nosce_te_ipsum Jul 20th 2006 1:09 pm

FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 
My FBI name check in connection with an AOS application has been pending for almost a year and a half now. My FBI fingerprints expired a couple of months ago. At my recent infopass appointment, I was informed that I won't receive a fingerprints appointment notice until my name check is cleared. I've noted from personal observation of past experiences reported online that other applicants in a similar plight are offered to re-do their fingerptints soon after the 15 month expiration. Should I be concerned and make another infopass appointment to get "second opinion" or trust the first opinion with the understanding that different procedures may apply in different local offices and/or individual applicants' circumstances?

I'm also curious to hear opinions about filing a writ of mandamus (WOM) to expedite the namecheck and processing of the application, as seems to be a new trend, especially, but not exclusively, in citizenship adjudication cases (where an appeal can be made to a specific law, INA Section 336(b), 8 U.S.C. § 1447(b)). What length of time should an AOS applicant with a pending name check endure before filing the WOM to allow an 'archetypal' judge decide in good conscience that the USICS has failed to adjudicate the I-485 application "in reasonable time" and compel it to make a decision, positive or negative? At least 2 years? 3 years? Longer? What are the primary risks involved with the WOM? Is any retaliatory complication and thus further delaying of the case possible on the part of the USCIS?

kingfisher241049 Jul 20th 2006 4:15 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by nosce_te_ipsum
My FBI name check in connection with an AOS application has been pending for almost a year and a half now. My FBI fingerprints expired a couple of months ago. At my recent infopass appointment, I was informed that I won't receive a fingerprints appointment notice until my name check is cleared. I've noted from personal observation of past experiences reported online that other applicants in a similar plight are offered to re-do their fingerptints soon after the 15 month expiration. Should I be concerned and make another infopass appointment to get "second opinion" or trust the first opinion with the understanding that different procedures may apply in different local offices and/or individual applicants' circumstances?

I'm also curious to hear opinions about filing a writ of mandamus (WOM) to expedite the namecheck and processing of the application, as seems to be a new trend, especially, but not exclusively, in citizenship adjudication cases (where an appeal can be made to a specific law, INA Section 336(b), 8 U.S.C. § 1447(b)). What length of time should an AOS applicant with a pending name check endure before filing the WOM to allow an 'archetypal' judge decide in good conscience that the USICS has failed to adjudicate the I-485 application "in reasonable time" and compel it to make a decision, positive or negative? At least 2 years? 3 years? Longer? What are the primary risks involved with the WOM? Is any retaliatory complication and thus further delaying of the case possible on the part of the USCIS?

I don't know, but would be interested in any replies this thread gets. I am in the same situation, waiting since last December for my name check to be completed.

We are considering an infopass appointment next week, followed if necessary with an appointment with an immigration lawyer for advice about a law suit if the green card does'nt appear by Christmas this year.

lovenlife Jul 20th 2006 4:16 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by nosce_te_ipsum
My FBI name check in connection with an AOS application has been pending for almost a year and a half now. My FBI fingerprints expired a couple of months ago. At my recent infopass appointment, I was informed that I won't receive a fingerprints appointment notice until my name check is cleared. I've noted from personal observation of past experiences reported online that other applicants in a similar plight are offered to re-do their fingerptints soon after the 15 month expiration. Should I be concerned and make another infopass appointment to get "second opinion" or trust the first opinion with the understanding that different procedures may apply in different local offices and/or individual applicants' circumstances?

I'm also curious to hear opinions about filing a writ of mandamus (WOM) to expedite the namecheck and processing of the application, as seems to be a new trend, especially, but not exclusively, in citizenship adjudication cases (where an appeal can be made to a specific law, INA Section 336(b), 8 U.S.C. § 1447(b)). What length of time should an AOS applicant with a pending name check endure before filing the WOM to allow an 'archetypal' judge decide in good conscience that the USICS has failed to adjudicate the I-485 application "in reasonable time" and compel it to make a decision, positive or negative? At least 2 years? 3 years? Longer? What are the primary risks involved with the WOM? Is any retaliatory complication and thus further delaying of the case possible on the part of the USCIS?


When our son's finger prints expired after 15 months the USCIS would not even talk to us after we made an inforpass appointment to check the status of his case, the Io was very clear and asked that we go that day if possible to the finger print center across the other side of the county.

What dist office are you dealing with?

As far a writ I'll leave that one to others here on the board

scrubbedexpat099 Jul 20th 2006 5:13 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 
The general rule of thumb seems to be to leave it between 3 and 6 months and then file. After a year it is a no brainer.

Whilst I am still not clear as to whether you can actually force the FBI to pull finger out, your action would be against the USCIS and from what I have read elsewhere the usual result is that the clearance appears, no doubt coincidentally!

moeamer Jul 26th 2006 3:53 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by Boiler
The general rule of thumb seems to be to leave it between 3 and 6 months and then file. After a year it is a no brainer.

Whilst I am still not clear as to whether you can actually force the FBI to pull finger out, your action would be against the USCIS and from what I have read elsewhere the usual result is that the clearance appears, no doubt coincidentally!



But does any body know anything about the Mandamus effects or know somebody that filled one. I am pending name check since 2003 and still waiting. I tried the Congressman the 2 Senators and the FBI and the results is Zero nothing. I am also considering the Mandamus option so any input will help.

bluesails Jul 26th 2006 5:53 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by moeamer
But does any body know anything about the Mandamus effects or know somebody that filled one. I am pending name check since 2003 and still waiting. I tried the Congressman the 2 Senators and the FBI and the results is Zero nothing. I am also considering the Mandamus option so any input will help.

Yes, I know someone that filed one. Same situation, AOS pending security clearance over a year. Their AOS was miraculously completed 30 days after they filed the suit. It cost them about $1200 in attorney and filing fees to do it.

scrubbedexpat099 Jul 26th 2006 6:18 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by bluesails
Yes, I know someone that filed one. Same situation, AOS pending security clearance over a year. Their AOS was miraculously completed 30 days after they filed the suit. It cost them about $1200 in attorney and filing fees to do it.

That seems to be the norm, I have seen many posts to that effect, I do not personally know anybody.

moeamer Jul 26th 2006 11:12 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by bluesails
Yes, I know someone that filed one. Same situation, AOS pending security clearance over a year. Their AOS was miraculously completed 30 days after they filed the suit. It cost them about $1200 in attorney and filing fees to do it.

Do you know if that was done recently? and when he/she was refered to name check. It appears that most of the pending case are from 2002-2003.
And can you provide the attorney information?

RICKRGRS Jul 27th 2006 12:52 am

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 
Hi,
FYI - My wife and her two small boys had an AOS interview (I-485) in Los Angeles on 08/02/2004. Three weeks later the boys got their green cards and to date, my wife has still not passed through the black hole of "FBI Name Check". Three info passes, and countless letters and emails have produced zero results other than some useless form letters in reply - usually 6 - 9 months later. A sad joke.

I recently sent in the I-751 application - a full package with everything in perfect order and ample documentation - to remove conditions as to my boy's green cards and asked that the CIS Service Center process the application for my wife's card as well, as long as the file is in hand - in the interest of efficiency, convenience, economy, truth, justice, yada, yada; Somebody please do something. (Sure - fat chance, but what the hell - had to ask)

The Service Center has been in receipt of the package for two weeks now but still has not cashed the check ($205). My cynical POV is that eventually they will reject the whole thing, cash my check, and demand a separate application and another $504 for the two boys and send yet another form letter reminding me that my wife is still in pending status and apologizing for the delay due to DHS's on-going War against Terrorism, yada, yada.

I am convinced of two things:
1) My wife's name check has fallen through the cracks and is not in anyone's in-basket;
2) The only way the beauracracy of CIS will look for my wife's file and complete the name check with the FBI, is by an inquiry from the CIS legal department in response to a discovery demand, incident to a Writ of Mandamus lawsuit.

I think that the Writ is the remedy of last resort, in part because of the expense, and part because of the obscurity of the Federal action. The LAST thing I am worried about is some kind of 'retaliation' What are they going to do? Hold up processing the name check longer? Ha! The real point is that no one at the CIS, or any other large government beauracracy for that matter, gives a rat's ass! Clock in M-F, go home at 5, get all kinds of paid holidays, and benefits, then retire in 30 years with hopefully some kind of disability bonus. No one has the time of day or motivation to 'retaliate.' Extra work for no pay? Forget about it.

[P.S. This is the same agency that the lying bastard politicians say will process 12 million illegal aliens over the next 5 years!]

Good luck.
Rick

bluesails Jul 27th 2006 12:56 am

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by moeamer
Do you know if that was done recently? and when he/she was refered to name check. It appears that most of the pending case are from 2002-2003.
And can you provide the attorney information?

The suit was filed beginning of this year, around Feb I think. The AOS interview was in 2003 or 2004. I don't know the name of the attorney they used.

[email protected] Jul 27th 2006 5:17 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 
Why couldn't we join our forces into a class action lawsuit ???

RICKRGRS wrote:
    > > My FBI name check in connection with an AOS application has been
    > > pending for almost a year and a half now. My FBI fingerprints expired
    > > a couple of months ago. At my recent infopass appointment, I was
    > > informed that I won't receive a fingerprints appointment notice until
    > > my name check is cleared. I've noted from personal observation of
    > > past experiences reported online that other applicants in a similar
    > > plight are offered to re-do their fingerptints soon after the 15 month
    > > expiration. Should I be concerned and make another infopass
    > > appointment to get "second opinion" or trust the first opinion with
    > > the understanding that different procedures may apply in different
    > > local offices and/or individual applicants' circumstances?
    > >
    > > I'm also curious to hear opinions about filing a writ of mandamus
    > > (WOM) to expedite the namecheck and processing of the application, as
    > > seems to be a new trend, especially, but not exclusively, in
    > > citizenship adjudication cases (where an appeal can be made to a
    > > specific law, INA Section 336(b), 8 U.S.C. � 1447(b)). What length
    > > of time should an AOS applicant with a pending name check endure
    > > before filing the WOM to allow an 'archetypal' judge decide in good
    > > conscience that the USICS has failed to adjudicate the I-485
    > > application "in reasonable time" and compel it to make a decision,
    > > positive or negative? At least 2 years? 3 years? Longer? What are
    > > the primary risks involved with the WOM? Is any retaliatory
    > > complication and thus further delaying of the case possible on the
    > > part of the USCIS?
    > Hi,
    > FYI - My wife and her two small boys had an AOS interview (I-485) in Los
    > Angeles on 08/02/2004. Three weeks later the boys got their green cards
    > and to date, my wife has still not passed through the black hole of "FBI
    > Name Check". Three info passes, and countless letters and emails have
    > produced zero results other than some useless form letters in reply -
    > usually 6 - 9 months later. A sad joke.
    > I recently sent in the I-751 application - a full package with
    > everything in perfect order and ample documentation - to remove
    > conditions as to my boy's green cards and asked that the CIS Service
    > Center process the application for my wife's card as well, as long as
    > the file is in hand - in the interest of efficiency, convenience,
    > economy, truth, justice, yada, yada; Somebody please do something. (Sure
    > - fat chance, but what the hell - had to ask)
    > The Service Center has been in receipt of the package for two weeks now
    > but still has not cashed the check ($205). My cynical POV is that
    > eventually they will reject the whole thing, cash my check, and demand a
    > separate application and another $504 for the two boys and send yet
    > another form letter reminding me that my wife is still in pending status
    > and apologizing for the delay due to DHS's on-going War against
    > Terrorism, yada, yada.
    > I am convinced of two things:
    > 1) My wife's name check has fallen through the cracks and is not in
    > anyone's in-basket;
    > 2) The only way the beauracracy of CIS will look for my wife's file and
    > complete the name check with the FBI, is by an inquiry from the CIS
    > legal department in response to a discovery demand, incident to a
    > Writ of Mandamus lawsuit.
    > I think that the Writ is the remedy of last resort, in part because of
    > the expense, and part because of the obscurity of the Federal action.
    > The LAST thing I am worried about is some kind of 'retaliation' What
    > are they going to do? Hold up processing the name check longer? Ha!
    > The real point is that no one at the CIS, or any other large government
    > beauracracy for that matter, gives a rat's ass! Clock in M-F, go home
    > at 5, get all kinds of paid holidays, and benefits, then retire in 30
    > years with hopefully some kind of disability bonus. No one has the
    > time of day or motivation to 'retaliate.' Extra work for no pay?
    > Forget about it.
    > [P.S. This is the same agency that the lying bastard politicians say
    > will process 12 million illegal aliens over the next 5 years!]
    > Good luck.
    > Rick
    >
    > --
    > rickrgrs
    > Posted via http://britishexpats.com

moeamer Aug 2nd 2006 2:59 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by [email protected]
Why couldn't we join our forces into a class action lawsuit ???

RICKRGRS wrote:
    > > My FBI name check in connection with an AOS application has been
    > > pending for almost a year and a half now. My FBI fingerprints expired
    > > a couple of months ago. At my recent infopass appointment, I was
    > > informed that I won't receive a fingerprints appointment notice until
    > > my name check is cleared. I've noted from personal observation of
    > > past experiences reported online that other applicants in a similar
    > > plight are offered to re-do their fingerptints soon after the 15 month
    > > expiration. Should I be concerned and make another infopass
    > > appointment to get "second opinion" or trust the first opinion with
    > > the understanding that different procedures may apply in different
    > > local offices and/or individual applicants' circumstances?
    > >
    > > I'm also curious to hear opinions about filing a writ of mandamus
    > > (WOM) to expedite the namecheck and processing of the application, as
    > > seems to be a new trend, especially, but not exclusively, in
    > > citizenship adjudication cases (where an appeal can be made to a
    > > specific law, INA Section 336(b), 8 U.S.C. ? 1447(b)). What length
    > > of time should an AOS applicant with a pending name check endure
    > > before filing the WOM to allow an 'archetypal' judge decide in good
    > > conscience that the USICS has failed to adjudicate the I-485
    > > application "in reasonable time" and compel it to make a decision,
    > > positive or negative? At least 2 years? 3 years? Longer? What are
    > > the primary risks involved with the WOM? Is any retaliatory
    > > complication and thus further delaying of the case possible on the
    > > part of the USCIS?
    > Hi,
    > FYI - My wife and her two small boys had an AOS interview (I-485) in Los
    > Angeles on 08/02/2004. Three weeks later the boys got their green cards
    > and to date, my wife has still not passed through the black hole of "FBI
    > Name Check". Three info passes, and countless letters and emails have
    > produced zero results other than some useless form letters in reply -
    > usually 6 - 9 months later. A sad joke.
    > I recently sent in the I-751 application - a full package with
    > everything in perfect order and ample documentation - to remove
    > conditions as to my boy's green cards and asked that the CIS Service
    > Center process the application for my wife's card as well, as long as
    > the file is in hand - in the interest of efficiency, convenience,
    > economy, truth, justice, yada, yada; Somebody please do something. (Sure
    > - fat chance, but what the hell - had to ask)
    > The Service Center has been in receipt of the package for two weeks now
    > but still has not cashed the check ($205). My cynical POV is that
    > eventually they will reject the whole thing, cash my check, and demand a
    > separate application and another $504 for the two boys and send yet
    > another form letter reminding me that my wife is still in pending status
    > and apologizing for the delay due to DHS's on-going War against
    > Terrorism, yada, yada.
    > I am convinced of two things:
    > 1) My wife's name check has fallen through the cracks and is not in
    > anyone's in-basket;
    > 2) The only way the beauracracy of CIS will look for my wife's file and
    > complete the name check with the FBI, is by an inquiry from the CIS
    > legal department in response to a discovery demand, incident to a
    > Writ of Mandamus lawsuit.
    > I think that the Writ is the remedy of last resort, in part because of
    > the expense, and part because of the obscurity of the Federal action.
    > The LAST thing I am worried about is some kind of 'retaliation' What
    > are they going to do? Hold up processing the name check longer? Ha!
    > The real point is that no one at the CIS, or any other large government
    > beauracracy for that matter, gives a rat's ass! Clock in M-F, go home
    > at 5, get all kinds of paid holidays, and benefits, then retire in 30
    > years with hopefully some kind of disability bonus. No one has the
    > time of day or motivation to 'retaliate.' Extra work for no pay?
    > Forget about it.
    > [P.S. This is the same agency that the lying bastard politicians say
    > will process 12 million illegal aliens over the next 5 years!]
    > Good luck.
    > Rick
    >
    > --
    > rickrgrs
    > Posted via http://britishexpats.com


The idea of a class action sounds very good. I did consider it at a point but I am not sure who else will join me. I did take the first step to fill a WOM. I did talk to an attorney and I will fill as early as next week. The attorney is open to the idea of a class action so if there anybody interested please let me know I'll pass the information.

moeamer Aug 2nd 2006 3:04 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by bluesails
The suit was filed beginning of this year, around Feb I think. The AOS interview was in 2003 or 2004. I don't know the name of the attorney they used.

Hi I noticed you are online so I thought to add a question on that WOM do you know in which state it was filled?

bluesails Aug 2nd 2006 9:28 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 

Originally Posted by moeamer
Hi I noticed you are online so I thought to add a question on that WOM do you know in which state it was filled?

They live in Pennsylvania, so I imagine it was there.

Here is a recent article on a related issue, although regarding citizenship applications. Perhaps this class action could be broadened to include AOS: http://news.yahoo.com/s/ap/20060802/...NlYwN5bmNhdA--

violator_dm Aug 2nd 2006 11:46 pm

Re: FBI Namecheck, FBI Fingeprints, and Writ of Mandamus
 
My wife's grandfather passed the Naturalization Tests in February of 2003. USCIS keep telling him that the case is still pending subject to FBI checks. I told him a million times to file WOM. He is just afraid of the US Govt. The case is still pending. I am glad that some people have exercised their right. Good luck to all.


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