Name Check: Everything You Need to Know about This American Nightmare (Part III)

Taking Action

You feel hopeless, but it doesn't mean you should stop fighting. After all, this is one of the greatest countries on the planet earth and we have a great system for average people, yes, even for aliens. The most direct solution is filing a Writ of mandamus (WoM) lawsuit. WoM is a form of lawsuit that forces government to make a decision on cases that have taken them too long to process. I will cover WoM in more details later.

Law & Order: Special Victim Unit

If you did everything accordingly to an I-485 application or N-400 application, your case is current, and it has been delay for over 3 months outside the processing time in the relevant Service Center, it's sad and safe to say that 99% of the chance you are the victim of the FBI Name Check delay. Of course, you still need to find out the real reason for the delay of your case. Also it is important to know how long you have been stuck in the Name Check process. There are several ways to find out the exact date when your nightmare began.

1. The easiest way is of course to call the USCIS Customer Service Telephone: 1-8000-375-5283. However, chances are not great that you will get the answer you need. Most times you get a customer representative who knows nothing more than that are known to yourself and you will not get the start date of the Name Check. However, sometimes if the call-volume is light or you finally find a dim luck, you can actually talk to an immigration officer (IO) from the regional Service Center where you filed the case. The IO can tell you the exact Name Check starting date.

2. Making an Infopass appointment through USCIS website to talk to a local IO in the local immigration office is a relatively quick and easy way to get the exact date.

3. You can also write to the First Lady office or the U.S. Senators, House Representative who represent your state or congressional district, talking about your heartbreaking story brought to you by the Name Check process. In their replies, or the replies directly from FBI, you will see the date when Name Check started. Please note this is the slowest way to get the answer.

Message in Many Bottles

Almost at the same time, you need to prepare an intense letter campaign besides regular call to USCIS Customer Service Center or date with an Immigration Officer in your local USCIS office. Calling and face-to-face meeting with these employees are normally a waste of your time, but you need to do so to get some basic information and establish a record that shows you are trying everything to solve the delay problem.

You can choose to write to all or some of the agencies listed below asking for help, describing the horrible situation brought by the delay of action from USCIS. Writing one letter is never enough. It normally takes at least a couple of months for these "public servants" to respond. Don't wait. Keep reminding them that you are asking help.
CIS Ombudsman Case Problem request
The First Lady office
Senator(s) representing your state
House representative for your district
FBI/FBI National Name Check Program (Record Processing Management Division)

There are a few reports from the immigrants that these conventional venues do help. However, more likely you will only receive a "status update" you have known for years or no response at all. Again, you still need them, especially if you are forced to file WoM to salvage your sanity.

To be continued...