BelgianSun

I thank all of you for all the answers.....................time to get out of the house now and do something fun with my husband.

I talk to guys later this week.

You all have a wonderfull day.

Belgian Sun

have a read BelgianSun

NAMECHECK EXPLAINED

and

NAMECHECK FAQ

I will.........................thank you

there are groups lobbying to put a check & balance system on the delays caused by the FBI namecheck program, but for as many times as I have posted how to help in the cause - no one seems interested

In my case i am only waiting for AOS, not to become a citizen.

I just want to know where I stand and what to expect.

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

people used to be able to sue the FBI and other agencies if their namechecks took too long (say around 2 years or so). this pending legal action would pressure the FBI to complete the check.

new regulations state they will no longer be pressured.

Edited to add: WOM = writ of mandamus

Oh OK..............thanks

So what if by the end of the year my name still isn't cleared, what is the first step to do then ?

Are the new regulations better for us ?

suing for citizenship or greencard is touch and go now. not the magic pill it was just a few months ago.

There hasn't been any change to suing for citizenship has there? I thought the only change was USCIS response to Writ of Mandamus.

its the same procedure - WOM for greencard, WOM for citizenship. Both are based on USCIS expediting namecheck due to a pending WOM - which is what they will not do anymore. There are cases that have been approved post-new rgulations, but overall we have seen mostly motions to dismiss.

in other words, be prepared to go to court vs. getting your greencard/citizenship expedited.

I am sorry but all this is Chinese for me ! LOL

What does WOM means ?

As I told before. my english isn't perfect yet, still need to learn a lot !

Can you explain this in easy reading english please !

Thanks

Belgian San - in your thread I see you questioning why your interview would be waived if your name clearance is incomplete.

Interviews are primarily conducted to determine any fraud - a chance for the adjudicating officer to gather information about the validity of the basis for a petitioners request to remain in America.

Name clearance searches the background of the petitioner.

These are two separate matters. USCIS can choose to waive the interview if they feel the 'paperwork' supports the petition. They cannot determine the petitioners background, however, from the paperwork.

Thank you for this information.

doing the FBI namecheck isnt "doing the whole process from overseas again". For a visa, most places, police reports are sufficient (where as lucky us, get AR - security clearances) all this is DOS requirements. FBI namecheck stateside is for DHS. Different procedure. Many parts may parallel, but its not that same thing.

Hi

I am new here. so what means AR. DOS. DHS ????? They have all my police reports from back in belgium, nothing was on it and since I am here never had any contact with the law ! So, what are they looking for ?

DOS=Department of State

DHS=Department of Homeland Security

AR=Administrative Review

Like everyone has said, they're different areas of the government doing the check. This one is an FBI name check, and it involves checking, according to what I've read, every permutation of your name, and if a hit comes up, then they have to manually research it.

DHS isn't going to accept a DOS check, it's not as in depth, etc.

What is a permutation ????????????????????

they are going to check every variation of your name. the outcome is still the same. you just have to be patient & wait. AGain - filing in November isn't all that long. We filed in Oct 2005

Good to know ....................thanks

Wow, you guys have been waiting FOREVER ! Sorry to hear this and hope the name check will clear soon for you.

A permutation is a variation of the name.

Given names and surnames can be reversed or deleted; nicknames are used, etc. Also phonetic interpretations of the name is searched, creating different surnames.

Thank you ........................ i learn a lot here from you all !

But this whole process doesn't makes sense !

And for so far I know, Belgium works good with the US, so when they need my information, Belgium will give it immediatly.

doing the FBI namecheck isnt "doing the whole process from overseas again". For a visa, most places, police reports are sufficient (where as lucky us, get AR - security clearances) all this is DOS requirements. FBI namecheck stateside is for DHS. Different procedure. Many parts may parallel, but its not that same thing.

Hi

I am new here. so what means AR. DOS. DHS ????? They have all my police reports from back in belgium, nothing was on it and since I am here never had any contact with the law ! So, what are they looking for ?

DOS=Department of State

DHS=Department of Homeland Security

AR=Administrative Review

Like everyone has said, they're different areas of the government doing the check. This one is an FBI name check, and it involves checking, according to what I've read, every permutation of your name, and if a hit comes up, then they have to manually research it.

DHS isn't going to accept a DOS check, it's not as in depth, etc.

What is a permutation ????????????????????

doing the FBI namecheck isnt "doing the whole process from overseas again". For a visa, most places, police reports are sufficient (where as lucky us, get AR - security clearances) all this is DOS requirements. FBI namecheck stateside is for DHS. Different procedure. Many parts may parallel, but its not that same thing.

Hi

I am new here. so what means AR. DOS. DHS ????? They have all my police reports from back in belgium, nothing was on it and since I am here never had any contact with the law ! So, what are they looking for ?

DOS=Department of State

DHS=Department of Homeland Security

AR=Administrative Review

Like everyone has said, they're different areas of the government doing the check. This one is an FBI name check, and it involves checking, according to what I've read, every permutation of your name, and if a hit comes up, then they have to manually research it.

DHS isn't going to accept a DOS check, it's not as in depth, etc.

Thank you.......................now I know what all those words means !

So what do they do, to check your name ?

I have nothing bad on my name, not in Belgium, not here either.

So that is all I can do............................WAIT ?

WOW

I wonder how everything went so fast before and now it is stucked !

When everything is OK on my end, why does it takes so long then to clear my name ?

Or am I at the bottom of the pile on the desk ?

many people have had their interviews waived, it really has no bearing on the fact that you have to have a complete namecheck in order to be approvad and receive your greencard.

are you waiting to Adjust your Status (AOS) or Lift conditions on your greencard (as your profile states)?

I am waiting for AOS, it is mailed out since november 2006 and transferred to california in january 2007

doing the FBI namecheck isnt "doing the whole process from overseas again". For a visa, most places, police reports are sufficient (where as lucky us, get AR - security clearances) all this is DOS requirements. FBI namecheck stateside is for DHS. Different procedure. Many parts may parallel, but its not that same thing.

Hi

I am new here. so what means AR. DOS. DHS ????? They have all my police reports from back in belgium, nothing was on it and since I am here never had any contact with the law ! So, what are they looking for ?

Namecheck can clear very quickly if there is no hit on the FBI database. Do you know for certain that it has cleared? Its not very clear from your post.

Well my name isn't cleared yet, california told the immigration officer that I won't have a interview, I just have to wait for the approval letter. then when the immigration officer looked at my file on the computer, she saw that my name was pending, not cleared yet ! So how can they already decide to waive my interview and tell me that I just have to wait for the approval letter, when my name isn't cleared yet ???????

I have been a very good girl.................LOL................no criminial history, no debts, no nothing back in Belgium.................so WHY DOES IT TAKES SO LONG ????

Does anyone know how long it takes for them to do the namecheck ? It is a bit confusing because yesterday, the immigration officer called the center in California and they told her that MY INTERVIEW WAS WAIVED and I only have to wait for the approval letter to get in my mailbox.............So how can they already decide this before my name is already cleared !!!!!!

Everything went fast, till now ! I just want to be able to travel to my country and the form they have to fill in to be able to travel, the officer told me it takes upon 90 days to get a approval on that and I need to fill in a good reason to go visit my country ! Doesn't make sense, I have my son back home and I wanna see my 20 year old boy. After almost 8 months being here, stucked, I am missing my son and friends...................I think it is normal.

So happy to have find this site................................Thanks for being here for us

If everyone has to go through an FBI clearance BEFORE entering on the K-1 visa, why is it that people get stuck in "namecheck limbo" when applying for AOS?

I just think this is so strange-I mean if they are already checked-why check again?

I just had to get some opinions-sorry if this seems like a dumb question( I am having one of those weeks )

Hi Irishgirl

This is my opinion ! Before they approved my K1, they did a full check................then I had to provide them with my criminal history from the age of 16 and a official paper from the ministery of justice from belgium, everything was blanco..............so what are they looking for ????

They have already so many cases and then they do check up on cases that are already checked ! No wonder their process times are far behind !

Are you applying to remove conditions or for AOS? If for AOS, then it means that you are approved pending the results of the FBI name check. For some, the namce check only takes a few weeks. For others, it can take up to a year (sometimes more in a few cases). The only thing to do is sit and wait, unfortunately. There is a thread on this forum dedicated to those stuck in name check hell. You should read through it - it may answer many of your questions.

Mo

p.s.... and welcome to VJ

Hiiiiiiiiiiiiiii..................First of all, thank you for the reply................I am new here and have no clue what those words "AOS" means ! Besides english isn't my main language either .................I come from Belgium, so Dutch and French is my thing LOL ! I came in the US 10 sept 2006 with a K1 visa, got married with my awsome husband on 6 october 2006, I485 was mailed out halfway november, 18 january received a notice that the papers were transferred to californie................no news since ! So yesterday I went to local immigration office in Mount Laurel, they called California and that is when they knew that my interview is waived and they would send me a approval letter but then the officer look again on the computer and saw that my name was pending !!!! What do you mean with "there is a thread on this forum"??? How can I go to it to read it ? Thank you so much

Good morning ...................I am a bit lost here and don't know how this works ! But, let's try this. My case is pending, transferred to California and at the bureau yesterday, they told me that california would send the papers to them and I would receive a approval letter, my interview is waived BUT my name is pending, not cleard yet ! What does this mean ? California has my papers for the adjustement of status, by marriage since januari 2007. Can anyone help me ? Thanks