AOS interview successful, but waiting for FBI name check

[zsam 0]

hi Donna,

people are still filing WOM's. As far as I can tell many are being rejected under the motion to dismiss. I am basing my information on the yahoo group where many are filing pro se and some with lawyers.

http://groups.yahoo.com/group/namechecktracker/

I wanted to add - get a phone consultation with Attny Daniel Huang. He is at the top of his game and I learned a ton from him.

I haven't been waiting as long as others in this group for the AOS process but we waited a darn long time for our EAD (i can't wait till we have the card in hand!). Daniel Huang seems very good and myself I was thinking of chatting with him as I expect that we'll be given problems with 1) renewal and 2) greencard and our still pending I-130!

Good suggestion Laura!

[doodles75 0]

This month I will have been waiting two years for the FBI to do the namecheck.

Bloody marvelous.

Do i sound a little bitter yet?

Edited June 6, 2007 by doodles75

[Donna A 4]

zsam. u r the first person ive ever heard of stuck in fbi checks for EAD. im sorry for you. u r really stuck in all ways it seams.

who is this lawyer you are talking about laura? does he give free advice?

anyway these name checks are really rediculous if u ask me. u know they can scramble any persons name and get a hit. strange but wouldnt english names (not picking on u english people) be the most common ones of all and not so many english get hits. and wouldnt most middle eastern named mohammed get a hit since half the middle east has that name? i see mohammed's get through the name check with no problems at all.

oh well...this whole thing sucks.

[~ Karima ~ 0]

and wouldnt most middle eastern named mohammed get a hit since half the middle east has that name? i see mohammed's get through the name check with no problems at all.

Not necessarily true. Although we have not had an interview or been waiting as long, my husband is a Mohamed and is stuck in name checks.

We went through the FBI name check for the visa and it took longer than most.

I am really sorry you are having such a hard time. I'm affraid we are going to have it just as bad, just because of his name. We are prepared for it to take forever, unfortunately.

[Empress of Groovy 373]

Hi, all

I thought I'd drop in and commiserate. Like a lot of you, I'm really pissed off about the fee increase and that those of us who are having to deal with renewing APs and EADs because of the background check delay do not get any sort of consideration. We've already paid over $1,000 in fees for the I-485, two APs, and two EADs. If the new I-485 fee includes as many APs and EADs as the applicant needs while the case is pending, why do we get screwed simply because of when we filed? I know I'm stating the obvious, but I just read the official notice on the USCIS Web site. I'm afraid that if my husband doesn't get his green card by the time he'd have apply for a third EAD (January or so), he's going to have a meltdown. $340 for an EAD renewal? You've got to be kidding me.

Arrrrgh.

[LaL 418]

i totally agree Julie. i just think of all the people bringing over K2's or K4's and the cost they have to pay for children in addition to their spouse. its alot of money.

we are applying for our 3rd EAD & AP in September. maybe something by then.

[Donna A 4]

thats about when my husband started his meltdown is when we applied for the 3rd ead. very soon we will apply again for the ap (before the rate hike) and he hasnt even seen the prices are going up next month. if he knew that he would really hit the roof.

really like someone already mentioned...we should be grandfathered in cuz we applied before or even when we have spent the amount that the new rate is...it should stop from there. no more fees after it hits that point. why do we have to keep paying when the ones after next month only pay a one time fee.

really now im getting more mad by the second.

my husband now wants to file the mandumus. does anyone know aprox. the cost?

[Cheryl & Medo 3]

My husbands interview was Feb 7th and his security check was complete earlie May, And were still on AP

[LaL 418]

my husband now wants to file the mandumus. does anyone know aprox. the cost?

i have been told average $2500 to file the paperwork. i do not know if this includes going all the way to court if needed.

[ardilla 0]

Hi all, just writing to commiserate here. We submitted our AOS last September, still in namecheck and will mail the EAD renewal in the next two weeks if we don't hear anything about an approval. I did learn that you can do this 6 months ahead of time so we are doing it prior to the fee hike (and 6 months before the document expires).

I guess we will be patient and not hope for anything for 1-2 years, as we have now passed the 9 month mark since we filed. I have a bad feeling we are in for a long wait.

Hang in there everyone.....eventually the approval notices will come.

PS how often do people do an infopass to check on the status? Does it do any good or is it a waste of time?

[StacySmith 0]

We have nothing new to share...just still hanging out in FBI limbo.

We are renewing Paul's EAD and AP in the next couple of weeks..oh what joy!

I just wanted to check in and *bump* the thread..We are hanging on tight on this AOS rollercoaster!

Stacy

[Donna A 4]

yes ardilla the info pass are a waste of time. they just tell u the same thing u already know....we are waiting on the fbi checks to clear. no one knows how long it will be, etc...

even calling the info line will get u no where. they will send u a letter saying they did the inquiry and need clearence from fbi before they can move forward on the case. dont bother us again for 6 months.

really 2,500 dont seam like a whole lot to file the mandumus. i thought it would be around 5,000 or more.

[SC & TF 1]

Hi all, just writing to commiserate here. We submitted our AOS last September, still in namecheck and will mail the EAD renewal in the next two weeks if we don't hear anything about an approval. I did learn that you can do this 6 months ahead of time so we are doing it prior to the fee hike (and 6 months before the document expires).

I guess we will be patient and not hope for anything for 1-2 years, as we have now passed the 9 month mark since we filed. I have a bad feeling we are in for a long wait.

Hang in there everyone.....eventually the approval notices will come.

PS how often do people do an infopass to check on the status? Does it do any good or is it a waste of time?

ardilla, I think for some reason, the St. Paul office is slow. You should've been approved by now. I went there last week, and was told by the ignorant officer that the AOS process usually takes 1-2 yrs, so my case is still new. Can you believe that? It's a complete waste of time to go to that office. Good luck to us.

Edited June 7, 2007 by SC & TF

[LaL 418]

yes ardilla the info pass are a waste of time. they just tell u the same thing u already know....we are waiting on the fbi checks to clear. no one knows how long it will be, etc...

even calling the info line will get u no where. they will send u a letter saying they did the inquiry and need clearence from fbi before they can move forward on the case. dont bother us again for 6 months.

really 2,500 dont seam like a whole lot to file the mandumus. i thought it would be around 5,000 or more.

if I am not mistaken - the intial WOM is nothing more than a request to expedite with a threat of legal action. It is probably alot more if you have to go to court due to it.

This action used to be a magic bullet. In fear of being sued - the namecheck was completed (as per the old regs - namecheck can be expedited due to legal action). Since they passed the regs in Dec 2006 - we saw whole slews of them getting motion to dismiss. Now, less people are filing them, so its hard to say if overall more are getting dismissed. I do know some have been approved, but in reading that group - its a total minority - and who knows, maybe their namecheck was simply completed on its own.

If its worth the money, go for it. They wrote into their regulations to deny you the expedite. Its a longshot in my opinion.

[Empress of Groovy 373]

Ardilla, I think that the InfoPass appointment tends to be a waste of time if the holdup is the background check, but it may be worth one trip just to make sure you're getting the same information. I have read about people making InfoPass appointments for things like emergency AP and then finding out that the background check was complete and the adjudication held up because the file fell through the cracks. The people at the local office, particularly if you had your interview there, should have access to more detailed information than the jokers you talk to at the "customer service" number. Chances are, they'll just tell you that your application is pending, but at least you'll know for sure. It seems that some people attempt to counter the feeling of helplessness by making InfoPass appointments every month; that approach is a waste of time, I think.