N400applicant

It could be cancelled due to logistical reasons. But it could also be cancelled because his background checks were not complete yet. If latter is the case then he goes back to the same limbo he was in before, and it may take as many as 7 years for his interview to take place. I have read a case where someone's interview was cancelled few times and it took applicant 7 years to get a Citizenship (and it was finally granted by Federal Court, after intervention of Immigration Attorney, not by USCIS).

See? It doesn't pay to be patient and agreeeable when wrong happens.

It's always good to be outspoken.

As to what to do next, it depends on WHY interview was cancelled. If it's cancelled due to USCIS workload or some other logistical issue, then you should receive a new letter with another scheduling soon.

However, if it's cancelled due to what they call a "background check" then you will be back to the same limbo you thought you were out of. It might take them as many as 7 years to complete it.

I received Interview letter on Oct-6 2015 and today on 30 Oct i got letter that " Unforseen reason my interview has been cancelled".

Should i go for interview regardless or wait for new letter?

This is really frustrating.

Most of the people who buy and own guns belong to constituency which has powerful lobby behind it and , most importantly, has a voting base which is extremely passionate about their Second Amendment Rights.

If they did to gun buyers what they do to immigrants, randomly profiling and foircing to wait for years to purchase a gun, then lots of Congressmen would get fired from their seats in the next election. And I don't think any President can afford to mistreat that group either. This is despite the fact that there are a lot more USC lunatics who buy guns and kill innocent people than immigrants doing any sort of violent crime.

Why this is so? Answer is self evident: because immigrants are easy target, anyone can profile, target, arbitrarily discriminate against and treat us anyway they want. Who will object?

Most immigrants don't even have a clue what rights they have and how the political system here works.

So, obviously, since there are two vastly different groups of people we are talking about (gun owners, who are mostly conservative, Rush Limbaugh listening Americans, passionate about 2nd Amendment Rights versus poor basdards, immigrants like ourselves, the Shudra's of XXI century) , the treatment is also vastly different.

It is funny that when I bought a gun (my employer requested that I open carry a gun in my work), the background check came back clear in less than 24 hours! Now, it is taking them more than 6 month! What the heck are they doing?

Not sure if I make my self clear enough, but it's not N-400 Per Se. It's the matter of principle to me.

I just want to bring some transparency and light to what is actually happening and no body seems to voice critical opinion about. What I do is more like political activism, and what I write is a political speech more than personal quest. Of course, I can just take my mind off it and forget for a while about my N-400.

But, on a second thought, why should I? In a Democratic society it's my duty to meaningfully participate in the government of State I live in. And Free Speech allows for balances and checks to work as much as let people peacefully express their grievances. It exists for a reason.

Wait, August 2015? I don't know if you've been burnt in the past with other parts of the immigration journey or not, but having at least seen your posts over the last month or so all over this forum I had presumed you'd been waiting a long, long time. Don't get me wrong, it's annoying when others seem to 'jump ahead' (such is the nature of immigration and the lack of transparency and regularity), but just a few months? I had to wait longer than was necessary for my original AOS (I am from a 'safe' country with a 'safe' name) and eventually put in a service request, which resolved the issue shortly afterwards. It was a pretty rubbish position to be in, but sometimes it happens and you have to take the ride along, and occupy yourself with other things.

This is from some time ago, but:


Having read your (often long and reasonably regular) posts, I honestly don't believe this. It's not written with ill-will or out to offend/not sympathise, but it's clear this situation is in your mind all the time and you're bitter over it.

I understand that.

What I am saying is treating two people in similar circumstances differently is illegal.

For example, the fact that you had your interview scheduled is a PROOF that your background checks came CLEAR.

So, what was a hold up about? Why you waited 9 months while some German born Manfred waited only 72 hours to be placed in line?

Most likely your hold up was about your country of birth (or some other algorithmically assigned "risk" factor which has nothing to do with you as an individual), and the alleged "suspicion" was that since you were born somewhere where a lot of "suspicious" people live, then there is a high likelihood that you too are a "suspect". So, DHS, FBI or whoever it might be spent nine months searching for a black cat in a dark room in your case. Finally, they gave up on finding what doesn;t exist and decided to schedule your interview. You are lucky. It took only 9 months for them to give up on looking for black cats in a dark room. There are some other "suspicious" MATRIX profiled people who wait longer, some wait for years.

Overall, if my memory serves me right, there are 10% of applicants (out of the total submitted) who fall into this alleged "suspected" category and wait indefinitely for their cases to move forward. ONLY 0.2% of them get ultimately denied on security grounds. That's 9.8% of made up "suspects".

Something is wrong here. 9.8% is being mistreated and arbitrarily denied a due process as well as equal protection of the law, with the false pretense of "security" being a reason.

But nothing harms security more than putting application in indefinite HOLD and NOT apprehending/denying a suspect. That gives a lot of time to bad guys to do whatever harm they want to do. If SECURITY was of real concern, those bad guys would have to be dealt with in fastest possible time frame.

And the rest , or 9.8% who has nothing to do with 0.2% should not be mistreated in such a way so that some private contractor can masquerade and rake in a lot of tax payer dollars in collaboration with close friends in high places who give out those lucrative contracts.

There is something sisnister about this whole business and it doesn't sit well with our Constitution.

Not sure if people have slightest understanding of what I am trying to say here.

I got inline 7 months after my biometics, and "Interview Schedule" 3 days after inline notice. You only get inline status if you security check is completed.

Usually You get inline notice 72 hours after bioethics, Sometimes month, after and sometimes months after. No one knows.

Inline status has nothing to do with USCIS office, but its has to do with FBI background check.

Interview is schedule by National Benefit center, They check the online system and if there is slot available so they go ahead and Schedule. Once the interview is Scheduled they ship your file via USPS to your local USCIS office:)

Local Office only act as Interview taker or Ceremony assistance. Main job is done by Benefit center( Department of Homeland Security ) and FBI .

If you always think about you and how you and only you will get anything out of it, then of course you have nothing to gain if you are like me.

But I guess I am a lot more selfish than you are, and glad that I am, therefore I look at much bigger picture, I almost see it in evolutionary perspective, and to me it's a matter of certain principle (not even my personal existence) which I care about the most.

Because I realize that at the end of the day those evolutionary forces decide our fates, and short sighted "rationalizations" we usually base our decisions on, where we focus only in here and now, or our immediate gratifications, don't always serve us ,and our offspring, well in the long term.

In the long term thousands of generations that will come after me are part of the process, in which I am but a little little passing chain, like a little cell in much larger body, and that bigger body is what I care and look forward to.

And that makes my position also completely invincible and victorious.

I may not win today, but some day ideas I live by will prevail, because they are superior from evolutionary point of view and perspective to those who live by manifesting the opposite.

US Constitution is written by men who thought along those lines and the superior idea of creating a society where Life and Pursuit of Happiness were guaranteed in Consitution was something they were willing to bet everything for.

That passionate feeling and sense of posterity I have in me is where my inner force and confidence come from. And not from something any man can give or take from me.

I know I am not going to get anything from USCIS, or anyone else right now, for speaking up.

I may even become a target of retaliation and those in charge of processing my application may even purposefully delay my case processing to "punish" me for being outspoken about this subject if they care to subpoena the forum owners and obtain my IP address along with my actual name and location.

But what do I care about ME ?

It is not me but the Consitution and Founding Principles of US , the Due Process and Equal Protection under the Law , which are being violated here.

Not mere Aliens wish to get speedy decision on their case. And all this done with false pretence of serving security needs of the United States. Nothing could be farther from reality! If security was real concern no "bad guy" would have his applicaiton pending for more than 24 hours after receipt by USCIS, and local Police SWAT team with FBI would be at the doors of those 0.2% who get ultimately denied for failing background checks. Whereas the remaining 9.8% wouldn't be subject to arbirary, capricious and outright illegal treatment by the case processing agencies.

And for this I speak up. I couldn;t care less if this leads to my case never being approved or getting pending for 20 more years. It's the ability to speak up and say it as is and to bring attention to real predicament many others find themselevs in , that is what matters most to me.

Because in the long run this is the ONLY way to fix these kind of problems.

Even if I live to 90 years and don't get my case aproved, I wish to know that some day others will not be going through what I do, and if my contribution does as much as butterfly effect in chaos theory then my ultimate goal will have been accomplished. Even if I don't live long enough to see it.

Be good Citizen of US. Don't just treat it as a blue piece of paper that allows you to travel the world without Visa. It means a lot more than that.

Bets of luck to you.

Totally agree with you ,I have been here legaly for 9 years married with two kids and still the whole process from the day I filled to my oath is about 10 month .like I said It ducks that nobody will give you a clear cut answer so just be patient

Ok. Good luck

Thank you N400applicant;

I usually go to N400 related topics to have some news and info on naturalization because my wife is waiting for her oath letter.

I will be consulting a lawyer for my case in the meantime.

Thanks again for your advice.

Mine is August. But I follow up all the threads, especially the earlier ones, to take note of any processing patterns and real time case reports.

N400applicant

What is your date of filing?

When I think of Paul ryan I think of Ayn Rand and "Atlas Shrugged".

This guy is as an indoctrinated Randist as one can be.

What should we expect now? Perhaps he will order USCIS to shrug off (deny/shred/whatever) all of the pending applications and pass the collected fees to his top 1% donors?

They had to check my background before approving my I-485, I wouldn't be a PR if I was a criminal or jihadist.

How different my case now from a guy who was born in Germany or UK?

I don't even have anyone left in my birth country with whom I keep any direct communication and I lost all communication years ago, before I became US PR.

What am I supposed to do with whatever conflict my country has with whomever?

The whole "your case is unique" mantra is a hogwash. they wouldn't be so secretive and ambiguous about the whole process if it was straightforward.

it is unfair to see people submit after you and they get approved way before you .but each case is difrent and there is a lot of elements contributing to how fast your case will be handled .like how active is the agent in charge if your application and for us coming from countrys of conflict that might contribute a little.for my self I knew it's gonna take a while because I had my chair of speeding tickets and some other issues .but it is normal that the case takes up to 6 or 7 month to see any change in your status .but more than a year I suggest taking the autorney route because that is not normal.
Bottom line you want see any changes in your status until your case is approved .

What exactly I am wrong about?

After biometrics overwhelming majority of people have status change to "in line for interview", regardless of how backlogged their local office is. I am not talking about "interview scheduled", I am talking about "in line" status.

So, what exactly am I wrong about?

And why some people take 2 days to allegedly c';ear background checks, while others must wait for months and even years?

If your case was pending background checks for 5 months it means clock had STOPPED on counting your processing time FROM time your bio was submitted and until it came back clear.

Now you know for sure that your BG checks came clear, or you wouldn't be placed for interview.

Did you ever think of WHY you had to wait for 5 months for the same clearance that others get within days?

What if you had to wait 7 years (as some individuals did, before having N-400 approved)?

Why such violation of Due Process and Equal Protection under the Law don't bother you at all?

U r wrong .your status want change after the bio it changes after you clear the background check and you are ready for the interview . mine didn't change until after 5 month from the bio.

You are confused again.

Status changes to "interview scheduled" just before you get interview letter. But that's not what I am taking about.

"In line" to schedule is what you get couple of days after biometrics. It may then take 60 days or more for your status to change to "interview scheduled" , depending on how busy the local office is.

"IN LINE" status update happens right after biometrics and has nothing to do with how busy your local office is.

your status want to change to inline of interview just a couple weeks befor you recieve your interview letter so when did you send your application?

In the United States we have a Democracy. As a matter of fact it's our duty to meaningully engage in the government of our State.

USCIS is but one agency, of one branch of the Federal Government. It's subject to the same Highest Law of the Land as any person in the US, including a homeless man sleeping under the bridge.

No one gives USCIS authority to trample on Due Process of Law or Equal Protection Clause , guaranteed under the US Constituion.

First Amendment specifically gives us the right to peaceully peition government for redress of our grievances.

Why do you think we should just stay quite and do nothing else?

This kind of mindset is one of the main reasons why immigrants are treated so badly.

If you really want to become a US Citizen, then how come you are OK with violation of the rights under the Consitution, which you want to bring an Oath to be faithful to ?????!

I am not worried. I am denied Equal Protection under the Law. It has nothing to do with worry, and everything to do with violation of a basic Constitutional right. Do you understand what it means?

As to INFOPASS....

I don't know about MI, but Baltimore MD INFOPASS was a total useless waste of time for me.

I went there twice after my I-485 interview (I had interview and no decision for couple of months).

The last time I went there they told me "Wait 120 days for the decision".

Within days after the last INFOPASS my case was approved.

They wouldn't tell me a ZILCH about my case, or WHY I had to wait 120 days (which, turned out to be totally baseless , since I was approved days later).

A lot of people here report that USCIS told them their case is pending background checks.

USCIS never told me such a thing. Even during INFOPASS appt all they said to me was that I should wait until they make a decision, period. No reason whatsoever WHY I need to wait after many months, response to RFE and, finally an interview at their office.

Mind you , they had my I-485 case, right there and then, in THEIR local office.

Do you tink they will be more helpful now, not even having my N-400 case at their location?

Also, I thik you may have misunderstood what is the crux of my contention. I am not expecting Baltimore DO to issue me an interview letter within 3 months of applying for Citizenship. I know it can take them over 6 months to complete the case processing (according to their own case processing report), so I wouldn't expect them to schedule my interview for another month or two.

What I am pointing out is that my case has NOT moved to "in line" for interview scheduling. So, it's still sitting in Texas and no one knows when it will even get into Baltimore DO queue.Only then, after it's placed in line, I can finally start waiting for Baltimore USCIS to sort through their backlog and get to my app. As of now it's stuck somewhere in limbo.

i understund your worry I was in the same spot us you . most of February applicant did not wait more than 4 month to get their citizenship . and It is unlikely you get any update if your case is still considered within normal processing time in your office field ,and you should know that the processing time posted online does not reflect the exact right time for your office .

schedule an InfoPass so they can give you an answer to why you are still stuck in the background check .and in the end It all depend on how much of application your office have to sort through .

hope that you find an answer soon and good luck

I didn't say "my friends told me", I wrote "some people", could be friends as well as strangers.

And how do you know they are full of whatever ###### means?

USCIS itself reported to Congress in 2007 that it had over 300,000 applications pending beyond maximum processing time due to FBI name checks.

Some people waited as many as 7 years to get their N-400 apps approved by Federal Court.

Also, in another Congressional report it was said that while 10% of applicants are forced to indefinitely wait for their cases to move along the pipeline, only 0.2% end up being denied for security reasons.

This tells me that in 9.8% someone is full of not the best substance, and I can assure you it has nothing to do with my firends.

Finally, I am a critical thinker, I believe facts and evidence. What evidence or facts do you suggest me to believe ?

I am by nature an impatient person. I don't understand why should I just be patient if I am denied Equal Protection under the Law?

yes I'm a Muslim and I assure you ,your friends are full of ###### ,from the day i applied to my interview its about 6 month , my cousin was just 3 month , if you know that you are clean and have no problem with the law enforcement like non paid traffic tickets or some criminal record you should be fine , you are not the only one that did not get a respond yet look in this form and many like you, from all different faiths and walks of life are still waiting for an interview. be patient and believe that's all you can do .

Since you are originally from Muslim populated country, do you mind telling us how many years it took for USCIS to schedule your interview?

I was born in Lebanon and some people tell me I may have to wait 20 years for FBI clearance. Unless I become a confidential informer and agree to pass around hearsay.

18 November is my oat date .can't wait

I saw that you visited my profile and in turn checked out yours.

Have no idea what you were looking for in N-400 related topics (where I usually post), but anywho, since I am here and have read your post I will chime in with my two cents.

#1. Short answer to your topic questio is: H-1b is something that employer does, from A to Z, and paying fees is inseparable part of his or her (employers') responsibility. Having employees pay for it is illegal.

#2. What you can do is file a complaint with DOL. They are the ones who are in charge of enforcing the labor laws and regulations in connection with issuance of H1b visas. They may or may not elect to pursue the case, but if they do you might be entitled to some compensation.

#3. You may also contact FBI or USCIS, if you believe the school had engaged in what is a Federal Crime or conspiracy to defraud USCIS.

For more information consult an attorney , immigration or labor, in the area where you live.

Good luck

NOTE: I AM NOT AN ATTORNEY. THE ABOVE IS NOT A LEGAL ADVISE. FOR LEGAL ADVISE CONSULT A LICENSED ATTORNEY!

Hello guys;

I am back to this forum with a quick question regarding the H1b fees and attorney's legal fees.

I saw in this forum and in some online researches that most people have their employer pay for the H1b process related fees.

I 'd like to know WHO, ACCORDING TO THE LAW, is required to pay for the H1B (Change of Status in the USA, and Extension)

My personal and sad story is I am employed by a Not-for-profit company (an English School in NYC). I was under F1 there and then I changed my status from F1 to H1B. I paid out of my pocket all the related fees (USCIS fees, Attorney's legal fees, Fraud prevention fees).

After approval the time came to extend it. I paid again out of my pocket all the extension fees. I got a very short extension (1 year) and even asked for some help regarding the short duration in this forum.

My H1B will expire very soon again, now I want to know if it is my financial responsibility to pay out of my pocket for the extension.

- Am I allowed by law to pay out of my pocket?

- Is my employer exempt from the law requiring him to support the fees?

- Is there any way to get my money back?

PS: I never received any compensation in any form for all the money I have paid for my H1B application and extension.

I am free to share any information you might need for my help.

Thanks guys.

I mailed my application on July 31,2015. Had fingerprints on 08/24/15. Still not in-line to schedule an interview. Don't ask for reason. That's too much when you deal with bureaucratic behemoths and their friends in private industry who rake in all the taxpayer dollars while we work our behinds out.

i mailed my application on 10/19, but it havent cashed out yet as 10/28/2015. does anybody know the reason? i request name change, and also use my husband's personal check to pay the application fee. is that the reason for that?

Bearded guy in the Sky must have personally scheduled it fer ya

One of these days Santa Claus will do the same for me.

Congratulations Faith!

Wish you lots of luck and speedy Oath ceremony.

This is one of the prime reasons why it's always a good idea to hire a good immigration attorney when you apply for any benefit.

I personally would have hired one, but the good ones charge more than $3500 and I just didn't want to part with it.

But the inpetness, incompetence, laziness, arbitrariness, lack of any accountability and sometimes an outright prejudice and bigotry on part of bureaucratic behemoths always gives a good reason to think twice before dealing with them one to one.

Now you can't hire an attorney (even if you do it will make no difference at this stage), all you can do is consider your application abandoned and file a new one. Or, try INFOPASS. I don't know if you can get anywhere with it, provided these dimwits can't do anything even when everything is right.

Good luck!

I was away for a couple of weeks and came back to a USCIS letter, telling me I had a new "biometrics capture" appointment on October 26. And if I missed it, my application would be considered abandoned.

They had earlier sent me an earlier appointment for October 14. Which was completely bizarre and unnecessary because I already did my biometrics months ago and they have my data.

So in early October, I went to the local biometrics office to ask, I did an Infopass at the local USCIS office, I called USCIS central on the phone. They all said - no no don't worry, we have your data from July, you don't need to do it, it is all fine.

I honestly right now don't have the energy to call USCIS to see if they have abandoned my application. They have already wasted so much of my money, time and energy that I dont' know if I could even be polite on the phone.

I think the only way would be to sue them, but I don't know if there is any point. At this stage I think I will just give up.

You are welcome!

And that's exactly why we have First Amendment: so you can sing the praises to the same God whose image and Holy Books I can piss on

Thank you N400 applicant, and good luck to you too, and to everyone else still waiting.

As God concerns, when I will get my interview letter I will sing praises and thank Him. ☺

Congratulations CowboySwetheart! Wish you and everyone with pending applications lots of luck! May you all be done with it ASAP.

P.S. I will piss on God's poster and some Holy Books the day I get my interview letter, to express my utter joy

Once the application is "in line for interview", there really shoouldn't be any action until the local office is able to schedule the interview.

Depending on what the current backlog is (and whether the office has same day Oath ceremonies), one shouldn't expect to receive an interview letter until 30 or 60 days prior to what it normally takes the local offie to process the N-400 application.

For example, on August 31 2015 Baltimore DO reported that the last case (which it worked on and completed on August 31) was filed on February 20th, 2015.

It means it took Baltimore MD DO slightly over 6 months to process the slowest of their cases.

I wouldn't expect to have my interview scheduled until late December 2015, or early January 2016, even if I was "in line" since August.

You know that some Orwellian bureaucrat or sick KKK operative hidden in Federal agency is screwing with you when your case doesn't move to "in line" status a month or more after your biometrics appointment.

Not having an interview scheduled (after "in line") is no cause of concern (IMHO) unless you near the maximum case processing time reported by local USCIS and you still don't hear anything from them.

GOLFER, I don't think that even in those earlier , badly backlogged, years they had 30% of total applicants lagging due to FBI name checks. And it's actually a bad news for those stuck in USCIS case processing.

The article which you posted doesn't reveal the number of total applications pending at USCIS, they only say "As of May 2007, USCIS reported a staggering 329,160 FBI". I wonder what 300K+ figure represented in relation to all pending applications back in 2007?

Also notice how they chose to address the issue: just reduce the overall ratio of apps pending due to name checks by throwing $20 to private contractors.

Not solve the issue by saying "This is just plain unacceptable! We can't do this under Equal Protection clause!", but by merely reducing the proportion of lagging cases. That's a smart Alec approach,and far from straightfrward and principled one.

There may still be cases where people wait 2 years or longer for their applicaitons to be processed, but they now represent much smaller proportion of the total. Which brings us back to what I said earlier: those bureaucrats who carry out these misdeeds are clever enough to do it in a way that will subject them to the least scrutiny. If they randomly screw say 1 out of 10 applicants (rather than 5 or 3 in 10), they now can marginalize the ones who are negatively affected by it. Even if the screwed ones complain loudly, who will hear their voices, drawn in an Ocean of happy ones?

Therefore, 10% figure seems more likely to represent the total number of those screwed in the process.

One other concern to me (from what I gather so far) is that FBI contracts the name checking job out, meaning some private company (probably good friends with important people in public office , and with some fat stomacked lobbysts in their payroll), which is not subject to Federal rules and regulaitons, is now in charge of checking your background. Those guys make fortunes on federal tax dollars, and rarely think of the world in terms that Thomas Jefferson or George Washington did.

That is very old Congressional Report some time in 2006 2007 time frame when name checks are stuck for years then in 2008 the claim to have made several improvements and to clear all name checks and background checks in 90 days Yeah right. Here (Paste) :

"

The DHS Citizenship and Immigration Services Ombudsman told Congress the name check backlog problem is “pervasive and serious,” accounting for “approximately 25 percent” of written complaints. The Ombudsman also noted that the problem is “worsening” and “may not achieve [its] intended national security objectives.”

• In his June, 2007 annual report to Congress the Ombudsman listed FBI names checks among the Department of Homeland Security’s “pervasive and serious” problems. He notes, “Resolving the FBI name check issue is included in the Ombudsman’s top five priorities posted on the office website.”
• FBI name checks “continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts, and may not achieve their intended national security objectives. FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits, and the problem of long-pending FBI name check cases worsened during the reporting period.” (Underlines added.)
• The Ombudsman notes, “As of May 2007, USCIS reported a staggering 329,160 FBI names check cases pending with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106, 738) pending more than one year.”
• The Ombudsman also reveals, “During the reporting period, processing delays due to FBI name checks were an issue in approximately 25 percent of all written case problems received by the Ombudsman.”

Lawsuits Waste Tax Dollars and Divert the Attention of U.S. Attorneys Away From Criminal Prosecutions

• “Since 2005, the backlog of legal U.S. immigrants whose application for naturalization and other benefits are stuck on hold awaiting FBI name checks has doubled to 329,160, prompting a flood of lawsuits in federal courts…” (Washington Post, 6/17/2007)
• “U.S. Attorney for Colorado Troy Eid estimated that for the amount of time his staff has devoted this year to defending the FBI, it could “be putting 50 or more bad guys behind bars.” (Denver Post, 12/10/2006)
• Applicants are seeing that lawsuits get results, encouraging more litigation. A Department of Homeland Security memo reveals that the FBI considers a “lawsuit pending in Federal Court” as grounds for speeding up stalled background checks.” (Denver Post, 12/10/2006)

If There Are Real Security Concerns About These People, Lengthy Background Checks Do Not Serve the Public Good

• If it is a national security issue, an expedited process or a properly funded program would more quickly identify and remove threats.
• Background checks taking more than 120 days are neither efficient nor good for security.
• People applying for citizenship have already been in the country for at least 5 years. Additionally, they have already been subjected to extensive background checks when applying for permanent residency.

The FBI Maintains That the Reason For The Delay Is Expanded Requirements To Complete The Background Checks But Limited Resources

• According to FBI Director Mueller (3/05/2008), the agency received $20 million to help alleviate the delays. The agency has hired 220 contractors to speed up the process and expects to have the majority of the backlogged applicants cleared by July, 2008.
• FBI spokespeople routinely say the name check program is understaffed and inadequately funded.
• In a fact sheet released on August 10, 2007, DHS reports, “The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working to reduce waiting times without sacrificing security.” However, USCIS has repeatedly made this promise since at least its 2004 Backlog Reduction Plan.

In August, 2007, the United States Government Accountability Office (GAO) DHS progress report found that Immigrations Services’ performance expectations to reduce application times to six months and automate background checks were both “generally not achieved.”

Recent developments[edit] February 2008 USCIS policy change[edit]

In a February 4, 2008 memorandum, Michael Aytes, Director of Domestic Operations at USCIS, announced a change in policy regarding FBI Name Checks in relation to the adjustment of status (green card) applicants.^[25] Under the new policy, if a Name Check for an adjustment of status applicant has been pending for over 180 days, USCIS may approve the adjustment of status application. The FBI Name check will still be required to be completed in such cases and, if upon completion of the check, serious adverse information is discovered, USCIS may revoke the green card of the individual in question and may deport that individual. Naturalization applications are not affected by this change in policy. For these applications the FBI Name Check is still required to be completed before an application is approved.^[26]

In a March 3, 2008 round table DHS Secretary Michael Chertoff put forward the rationale for this policy change by stating that the new policy poses minimal risk to national security while providing relief to thousands of law-abiding green card applicants.^[27]

USCIS officials stated that the new policy does not apply to citizenship applications since it is much harder to revoke a naturalization than a green card.^[28]

Joint USCIS–FBI effort on reducing the Name Check backlog[edit]

On April 2, 2008, USCIS and FBI announced a joint plan eliminating the backlog of FBI Name Checks^[29] The plan calls for putting additional resources into processing of FBI Name Checks requested by the USCIS and sets the following Name Check backlog elimination schedule:

• May 2008: Process all name checks pending more than three years.
• July 2008: Process all name checks pending more than two years.
• November 2008: Process all name checks pending more than one year.
• February 2009: Process all name checks pending more than 180 days.
• June 2009: Process 98% of all name checks within 30 days and process the remaining two percent within 90 days.

Immigration advocacy groups welcomed this effort but expressed skepticism that the timetable for backlog reduction set by USCIS and FBI is realistic.^[30] On September 9, 2008, the CIS Ombudsman announced that USCIS and FBI have met the goal of processing all FBI name checks pending for more than two years by July 2008.^{[31] "}

GOLFER, I have got 10% number from Congressional report of USCIS. I have read about it some time ago , and from what I remember the report was referencing the 10% of cases where the background checks cause indefinite delay in case processing. It was also said that only 0.2% of total applicants ultimately get their applicaitons denied on security grounds, meaning in remaining 9.8% of cases delay was meaningless and affected totally innocent people. All the while 0.2% were free to roam streets and do all the harm they wanted to do as USCIS took its' sweet time to check their records and got a pat on the back for doing a great job screwing the rest.

I personally can't believe that 30% of cases get stuck in name checks or lag simply due to laziness or incompetence of case processors. Not just because of Conrgessional report, but I also look at it from bureaucrat's point of view who are not to be underestimated when they carry out their routine misdeeds. It would be way too risky for them to screw 1/3 of all applicants, as it would be extremely hard to justify such a large number of case processing delays on security grounds. And you would also have much larger constituency getting upset (remember, all these immigramts have USC relatives, some of voting age).

But I might be wrong, the numbers I refer to may not reflect the current backlogs and bureaucrats might be even more irrational than I can imagine.

I agree with your post our data is not accurate but that is all we have to play with. However it will get close to 10% range by the end of November or after November counting from June 2015. Remember as per USCIS even if your local office is working full steam with low case load whole process should take 5 months. That is the minimum they report in their official processing times. Lets hope we see some forward progress in our cases by the end of the November.