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Ruling may end FBI name checks

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This is kinda interesting, and could affect some of us.

Link to Daily News

In short a federal judge ruled it was unlawful for the USCIS to require FBI name checks before deciding a naturalization case. While the USCIS continues to fight the decision, lawyers for the plaintiffs (the permanent residents suing the government) are confident of victory.

Which means that sueing the USCIS DOES work.

All posts are based on my experience and the law may have changed, or situations may be different, any information provided should be taken as a guideline and not as fact.

VISA: K1

COUNTRY: UK TO US

Check My Timeline for full details

Time from sending I-129F to I-485 approval 448 days!

-----------------------------------------

I-751 Sent 2007-01-11

I-751 Received at NSC 2007-01-17

NOA Received: 2007-02-02

Biometric Interview: 2007-02-15

Touched 2007-03-31

InfoPass 2007-01-22 (No additional news)

InfoPass 2007-03-18 I-551 (12 month) stamp

Case Transfer to CSC 2008-04-02

RFE 2008-04-11

Card Ordered 2008-05-14

Card Received 2008-06-01

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and THIS ONE which makes me think that because George W wants to grants tens of thousands of illegal immigrants a legal status that the rest of us who went through legal channels in the first place are now suffering.

All posts are based on my experience and the law may have changed, or situations may be different, any information provided should be taken as a guideline and not as fact.

VISA: K1

COUNTRY: UK TO US

Check My Timeline for full details

Time from sending I-129F to I-485 approval 448 days!

-----------------------------------------

I-751 Sent 2007-01-11

I-751 Received at NSC 2007-01-17

NOA Received: 2007-02-02

Biometric Interview: 2007-02-15

Touched 2007-03-31

InfoPass 2007-01-22 (No additional news)

InfoPass 2007-03-18 I-551 (12 month) stamp

Case Transfer to CSC 2008-04-02

RFE 2008-04-11

Card Ordered 2008-05-14

Card Received 2008-06-01

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Filed: Other Timeline

To me, this whole "FBI checks" is an additional demonstration of the inefficiency of this unrepentantly bureaucratic agency and another ploy to blame their terrible turnaround times on another entity.

To find out if an alien has a criminal record or not, all they needed to do was to link up with the NCIC database. This database gives REALTIME information about every criminal in the country and is relied upon by law-enforcement nationwide including the FBI. Why the USCIS is not using this same system and relying on the FBI is beyond me.

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Interesting, we'll see if/how this even affects our applications.

Sept 10, 2001... Arrived in US (J1)

Sept 2002... AOS (J1 to F1)

March 2003...AOS Approved

May 2003... Flew to SA. Reapplied for F1. RFE and Finally Approved. 2 year F1 visa in Passport.

Jan 21 2004... Married in Chicago

Aug 2004... Applied for AOS, Petition for spouse and EAD

Feb 2005... Joshua, our little cutie pie is born on SuperBowl Sunday

May 2005... EAD Approved

Dec 17 2005... AOS & Petition approved (2 year green-card received)

Aug 4 2007... Mailed in I-751 = $275 (remove conditions)

Aug 31 2007... Everything returned, filed too early, wrong fee

Sept 17 2007 Refiled to NSC

Sept 18 2007... Delivered by DHL to NSC

Oct 10 2007... Received at CSC

Oct 15 2007... Check cashed, transfered to CSC

Oct 15 2007... Received 1st notice with application number and 1 year extension. Notice Dated 9/19/07

Nov 1 2007... tried walk-in biometrics, refused

Nov 8 2007...Biometrics completed. Staff at Naperville ASC were great!

Nov 9 2007... Last touch

March 7 2008... Card production ordered!!!!!!!! 5 months, 2 weeks and 5 days

March 12 2008... Case Status: Approval notice sent

March 15 2008...Green card received in mail...so done with USCIS done for a few years!!!!!! :)

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Filed: Country: United Kingdom
Timeline
To me, this whole "FBI checks" is an additional demonstration of the inefficiency of this unrepentantly bureaucratic agency and another ploy to blame their terrible turnaround times on another entity.

To find out if an alien has a criminal record or not, all they needed to do was to link up with the NCIC database. This database gives REALTIME information about every criminal in the country and is relied upon by law-enforcement nationwide including the FBI. Why the USCIS is not using this same system and relying on the FBI is beyond me.

The FBI checks more than the NCIC, supposedly.

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Hopefully, it will speed up the process in the very near future.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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