our case status update - no joy

[MaxxumUSA]

A GS-14 manager came out of training 8 weeks after me, threatened to file EEO grievances whenever someone attempted to charge him with an error. Needless to say he intimidated a lot of people. Did shabby work (but never received an error so he looked perfect on paper) and advanced within management to where he is today. I look at him and shake my head in disbelief. Our government at work.

Slightly off topic...  But I am prior military.  Most of my time during peace.  Peacetime military is quite a trip.

I am proud to be a citizen of USA, but some of the government crap is, well ... crap.

Completely off topic:  Elena is coming soon and I want a starter for my stove.  It is a Glenwood model GTK26DA 0J
Anyone have a starter or two laying around?

[Muckraker]

The attached might interest you Jet.

Muck

[Jet]

Thanks Muck!
Except for the personal details of the plaintiff, this reads very much like our case, and it gives me some idea of the direction we need to take going forward.

[Jet]

For Bruce & others that may be in the same boat, here's some contact info:

FBI Fingerprint Line
You will need your A-number when calling the FBI at 304-625-5590. A representative may be able to tell you when the fingerprint check result was sent back to the USCIS. Calling them is only useful when you have reasons to believe that your FP result may have been lost.

FBI Name Check Program email address
fbinncp@ic.fbi.gov

Section Chief of FBI Name Check Program
Mr. Michael A. Cannon
Section Chief
National Name Check Program Section
Records Management Division, FBI
935 Pennsylvania Ave. NW
Washington, DC 20535

[Bruce]

Muckraker, Jet - thanks.

[Muckraker]

From ILW.com


FBI Delays To End Immigration Daily has learned that the FBI name check delays thathave stalled benefit applications may soon be a thing of thepast. We understand that the Executive branch will soon providename check clearances within a prescribed amount of time. If theclearance is not completed within the designated timeframe, thebenefit will be approved by USCIS while the FBI continues to workon the security process in parallel. The rationale to move tothis new process is not just better customer service for benefitsapplicants but also because it will enhance national security(our security demands that the bad guys be apprehended, notmerely be denied immigration benefits). The background for thischange of heart by the Executive branch is the fact that manyfederal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts orderedexpedited name check completions but in some cases courts havesuggested that the courts have and would use their authority toadjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federalcourt relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy inthis area (when it does happen, hopefully very soon). Stay tuned. We welcome readers to share their opinion and ideas with us bywriting to mailto:editor@ilw.com.

[William3rd]

This article says- mandamus works, folks. Else there would be no court decisions to recognize ond no threats to adjudicate.

You all owe a great deal of thanks to those who went before you.

[Son of Clyde]

So mandamus means we are forcing someone to do their job or to do their job correctly? This government of ours puts no value on quality.

[William3rd]

not just on quality. It prevents the government from saying-its because we say so cause we know better. It allows for review and that is where they are losing-because they are being arbitrary.

[Muckraker]

From ILW.com

FBI Name Checks Latest

Immigration Daily's recent comment (11/30/07 ID) on the status ofFBI name check delays resulted in the following response fromUSCIS Office of Communications Bill Wright:  Immigration Daily's 11/30/07 comment, "FBI Delays to End," is nottelling the entire story. USCIS and the FBI are working togetherto process name checks as quickly as possible withoutcompromising security or public safety. To this end, we haveexamined the existing name check system and acted to address theproblem through two strategies: (1) first, USCIS and the FBIconducted a joint risk assessment which resulted in processimprovements that permit us to focus on cases of concern (2)second, USCIS and FBI have allocated additional resources to theprocess. Over the next year, USCIS is planning to commit a totalof $15.5 million to address the backlog of FBI name checks.Please note, however, USCIS continues to require FBI name checksfor the same categories of applications and no case will beapproved without a cleared name check. We will continue to workwith the FBI to reduce waiting times; but, not at the expense ofnational security and public safety. Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resourcesand a more streamlined process. This information supports DHSSecretary Chertoff's earlier statement that applications thatwere previously ensnared in the name check delays will be clearedquickly. However, he cautioned that a small number of checks willstill be delayed by investigations. We welcome readers to share their opinion and ideas with us bywriting to mailto:editor@ilw.com.

From AILA

Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
Cite as "AILA InfoNet Doc. No. 07113061 (posted Nov. 30, 2007)"

In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.

[Muckraker]

From ILW.com

FBI Name Check Erratum
Immigration Daily recently carried two comments on thesignificant FBI name check delays (see ID 11/30/07 and 12/04/07).The November 30, 2007 ID comment entitled "FBI Delays To End"stated that there would be a reduction of name check delays andthat it would be achieved through a date certain. ImmigrationDaily later learned and published in its 12/04/07 comment thatreduction of the name check backlog would occur but it would bethrough an allocation of resources and a change in process, not adate certain. Immigration Daily regrets our error on the datecertain point. We stand by our report that USCIS has committed toreduce the backlog 40% by year-end. Recent correspondence fromour readers attests to the pain caused to individuals and the bar by the overly long FBI name check delays. These name checksdelays are an embarrassment to the Executive Branch and do notfurther our national security. USCIS has been forced to back downon the excessive delays due to a major flood of thousands oflawsuits on the name check delays nationwide. It is time forCongress to step in and take action. We urge Congress to adopt adate certain policy or some other solution to prevent unnecessarydelay. We welcome readers to share their opinion and ideas with us bywriting to mailto:editor@ilw.com.

[DKMM]

I have the pleasure of a delayed visa during FBI checks.  My brother decided to join the FBI at the same time and they wanted 10 times the information on her than we provided to the BSCIS.  It seems we have come up on their list and probably are going to wait longer. 

The average time to get a girl here on a K1 these days is 8 to 9 months, so better think real hard before doing it!

[Muckraker]

Here's another one - see attached.

Muck

[Bruce]

Anybody know a competent lawyer in Brooklyn, or Manhattan NY to handle our mandamus lawsuit and how long it will take?  2008 is just about here, Hilliary Clinton has so far done nothing for us and I am ready to find a lawyer to place the mandamus case in to whatever court I have to.   I am fed up with this boolsheet! 

By the way, this is interesting reading.  Looks like a royal pain in the a$$ though.

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15

[William3rd]

Check with the AILA chapter office for new york. They can probably refer you to a good one

[Bruce]

Thanks William III.  I put an email in to one of them.  Unfortunately, no AILA lawyers in Brooklyn and I would have to go to Manhattan. 

Here is an interesting link:

http://immigrationroad.com/green-card/contact-uscis-fbi.php

[Bruce]

Well, we went to a certified immigration attorney in Manhattan after the first of the year, paid $100 for the consult, and she told us nothing we did not know ie. about time we file a writ of mandamus.  She suggested waiting until after March since wife was now comming up on another fingerprinting time and she would have to wait a month after the fingerprinting to start the suit anyway.  So, we told her we would see what happens between now and March prior to forking over the additional $4900.0 for her to process the lawsuit. 

I called Hilliary Clinton's office two more times and got nowhere other than that her immigration liason would return my call, which never happened.  I wrote a letter to President Bush (same one as to Hilliary but change of name - and that I am a Republican).  I spent a whole day repeatedly calling the FBI in Washington, DC just speaking to secretaries.  I did find out that one office in Washington is processing all the name checks for the country and there is no way to reach them other than speaking with a live secretary who puts you on a recorded line telling you the basic "applicants are processed in the order they are received" bullsheet. 

Today my wife got two envelopes in the mail.  One was the welcome to the USA letter and that her greencard would come in three weeks.  The other letter had the greencard.  Only two years, but at this point we will take anything.  It took us three years and four months since marriage, but we did not have to go through an interview.  It is a welcome relief for my wife.  We celebrated with a bottle of Asti Spumanti..................

[Voyageur]

Congratulations Bruce - a win for the good guys! I hope that this blessed event helps to make your wife feel more a part of the US.  Great news!

[catzenmouse]

Congratulations Bruce!

 Certainly glad this happened before you paid the lawyer!

Ken

[Jet]

Congratulations Bruce

[BillyB]

Congrats Bruce,

What do you think made things get done? I know you recently wrote a letter to the Prez. Do you think that had anything to do with it? The next guy may need to know.

[groovlstk]

Congrats, Bruce! After all the crap that you and your family went through to get to this point we should all be raising our glasses to toast you.

[Bruce]

Thanks for all the well wishes.  Billy, my wife and I were wondering what helped if anything.   Could the letter to Bush after the first of the year have made the difference - I would like to think so, but it is hard to imagine that within a month something would get processed considering the Clinton Senate web site says to wait for two months just for them to process your request - but who knows?  Maybe it was the day spent calling any local FBI office and inviting them over our house for dinner, and then any California FBI office where I could speak with people, then all the Washington FBI offices explaining our situation and inviting them to our house for dinner so they could meet my wife and see for themselves that she is definitely not a person of interest to them.  Who knows - probably just dumb luck at this point, heck we waited more than three years since marriage for it which is well out of the ordinary processing time these days which is roughly six months.  Now I am putting my positive energy into Jet's wife's case.

[Son of Clyde]

Best of luck. I think USCIS is getting worse not better.

[alantodd]

For anyone doing the K-1, the process is getting faster now.  They were running at 12 months but now under 8 months and heading back to 6 months.  I think they finally adjusted to the decrease in processing centers.  Plus the embassy in Ukraine is taking interviews within 2 weeks right now.