mbawa2574
04-24 04:25 PM
This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????
If Obama signs this bill into a law, this will be the end of Capitalism and some extent Indo-US relations. India may drag US at WTO followed by backlash here. so this will make things for immigrants really tough in this country. So go figure out....Obama & socialism loving maniacs. Durban & Grassley did not have permission to visit Bush's whitehouse. But ofcourse Obama loves these clowns.
If Obama signs this bill into a law, this will be the end of Capitalism and some extent Indo-US relations. India may drag US at WTO followed by backlash here. so this will make things for immigrants really tough in this country. So go figure out....Obama & socialism loving maniacs. Durban & Grassley did not have permission to visit Bush's whitehouse. But ofcourse Obama loves these clowns.
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trikap
05-22 06:40 PM
If you can restart ur app in Eb2, you should be fine dates wise. Unless CIR messes it up.
Approximately 2 months for PERM and then you can file 140+485 concurrently.
All the best!
thanks, I am going to look into that also.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
Approximately 2 months for PERM and then you can file 140+485 concurrently.
All the best!
thanks, I am going to look into that also.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
pdakwala
02-01 10:04 AM
1. Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
employment-based immigration to the United States.
Comprehensive immigration reform proposals by Senators McCain and
Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.
Each proposal contains a combination of the following elements: (1) a
guest worker program; (2) stricter immigration enforcement; and (3) an
expansion of the employment-based immigration system.
The guest worker program is, by far, the most controversial part of the
package. To President Bush and its Congressional proponents, a guest
worker proposal is simply a way of creating a procedure to allow U.S.
companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.
Opponents of a guest worker program maintain that if employers simply
raise their wages, American workers will do any job. Call me a "doubter".
Our unemployment rate has been hovering around 5% for over a year. Yet,
the Wall Street Journal recently ran an article about lettuce growers who,
unable to harvest their crops, raised their rates to over $10 per hour. A few
Americans applied, but none lasted more than a few hours. How many of the
unemployed are willing and able to perform stoop labor in rural valleys?
The opponents of a guest worker program refuse to vote for any program
which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
Subcommittee on Immigration in the House of Representatives puts it
simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.
If the guest worker program does not include the 10 million plus
illegal workers who are presently in the U.S., there is not the slightest
possibility of either regularizing their immigration status or of deporting them.
That is simply a fact, and building a huge fence on Mexico's border (no one
ever suggests doing so along the Canadian border) with the U.S. will simply
discourage illegal workers in the U.S. from returning home to visit
their families. Also, it does nothing to stem the influx of illegal workers
who enter the U.S. with visas and then overstay. Those in Congress who
think that by criminalizing these people the problem is solved are kidding
themselves and their constituents.
The real solution is to look reality square in the face, and fashion a
solution which will penalize illegal workers, but, at the same time, allow them
to participate in a guest worker program that will eventually result in
them becoming permanent residents of the U.S. Unless there is a light at
the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.
At least one ex-INS prosecutor (The one who writes this newsletter)
knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.
Whether or not the Congress enacts a guest worker program, the United
States has another immigration problem that needs to be solved, and solved
now. Our country is educating less scientists, engineers, doctors and nurses
than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.
Our country is losing its manufacturing base. For example, the U.S.
automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.
Fortunately, thanks to the immigration of tens of thousands of Indian
and Chinese engineers to the U.S., the top software, chip makers and
biotech companies are still located in the U.S. But with our outdated
immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.
Most of the bills pending before Congress would increase
employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.
employment-based immigration to the United States.
Comprehensive immigration reform proposals by Senators McCain and
Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.
Each proposal contains a combination of the following elements: (1) a
guest worker program; (2) stricter immigration enforcement; and (3) an
expansion of the employment-based immigration system.
The guest worker program is, by far, the most controversial part of the
package. To President Bush and its Congressional proponents, a guest
worker proposal is simply a way of creating a procedure to allow U.S.
companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.
Opponents of a guest worker program maintain that if employers simply
raise their wages, American workers will do any job. Call me a "doubter".
Our unemployment rate has been hovering around 5% for over a year. Yet,
the Wall Street Journal recently ran an article about lettuce growers who,
unable to harvest their crops, raised their rates to over $10 per hour. A few
Americans applied, but none lasted more than a few hours. How many of the
unemployed are willing and able to perform stoop labor in rural valleys?
The opponents of a guest worker program refuse to vote for any program
which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
Subcommittee on Immigration in the House of Representatives puts it
simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.
If the guest worker program does not include the 10 million plus
illegal workers who are presently in the U.S., there is not the slightest
possibility of either regularizing their immigration status or of deporting them.
That is simply a fact, and building a huge fence on Mexico's border (no one
ever suggests doing so along the Canadian border) with the U.S. will simply
discourage illegal workers in the U.S. from returning home to visit
their families. Also, it does nothing to stem the influx of illegal workers
who enter the U.S. with visas and then overstay. Those in Congress who
think that by criminalizing these people the problem is solved are kidding
themselves and their constituents.
The real solution is to look reality square in the face, and fashion a
solution which will penalize illegal workers, but, at the same time, allow them
to participate in a guest worker program that will eventually result in
them becoming permanent residents of the U.S. Unless there is a light at
the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.
At least one ex-INS prosecutor (The one who writes this newsletter)
knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.
Whether or not the Congress enacts a guest worker program, the United
States has another immigration problem that needs to be solved, and solved
now. Our country is educating less scientists, engineers, doctors and nurses
than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.
Our country is losing its manufacturing base. For example, the U.S.
automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.
Fortunately, thanks to the immigration of tens of thousands of Indian
and Chinese engineers to the U.S., the top software, chip makers and
biotech companies are still located in the U.S. But with our outdated
immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.
Most of the bills pending before Congress would increase
employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.
2011 %IMG_DESC_2%
map_boiler
08-17 08:25 PM
PD: Feb 06 EB2 I
CPO: Aug 6th
Received approval notice: Aug 12th
Received cards for self and spouse: Aug 16th
Greened finally after 10 years in the country!
Contributed $100 to IV - Receipt ID: 0122-2698-8222-7402 (have contributed in the past as well).
To folks waiting for the magic email...hang in there....your time will definitely come. In the meantime, do all you can to ensure that USCIS closes out your case (such as SR, emails, congressman, etc.). In my case, the first four working days of August were very difficult...as it's very hard to sit around and not do anything. I did open an SR by calling USCIS on the 5th, but I am not sure if it mattered since we received the magic email the very next day.
CPO: Aug 6th
Received approval notice: Aug 12th
Received cards for self and spouse: Aug 16th
Greened finally after 10 years in the country!
Contributed $100 to IV - Receipt ID: 0122-2698-8222-7402 (have contributed in the past as well).
To folks waiting for the magic email...hang in there....your time will definitely come. In the meantime, do all you can to ensure that USCIS closes out your case (such as SR, emails, congressman, etc.). In my case, the first four working days of August were very difficult...as it's very hard to sit around and not do anything. I did open an SR by calling USCIS on the 5th, but I am not sure if it mattered since we received the magic email the very next day.
more...
sumagiri
09-23 09:19 PM
If EB2 row perm hits 10000 apps thats it pd wont move a bit. That will happen as soon as hiring starts again. This will happen any time, if this not happen until sep 2010, then EB2 has a chance. There are about 15000 (approx) EB2 Row apps siiting ducks in Perm centers, if ROW PErm eb2 approvals start flowing then we are just stuck. It all depends on EB2 Row Now. That is the one we need to watch closely.
Any idea how many ROW EB3 pending in PERM?
Any idea how many ROW EB3 pending in PERM?
priderock
07-11 03:09 PM
I'd be surprised if Arnie is anti-immigration considering he is an immigrant himself.
I am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.
I am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.
more...
spdy_mn
06-29 06:15 PM
Nothing will happen. The dates will be retrogresses on Monday. May be we will see 'U' in Visa Bulletin. The AILA will try to pursue DOS and USICS but they will politely say "sorry for the trouble" This will lead to the law suit. Some people will submit their resignation. In the next year you will see those at some higher post somewhere.
Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.
I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.
This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.
Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.
I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.
This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.
2010 %IMG_DESC_3%
bobby
05-21 04:32 PM
I am curious to know what USCIS actually does when they adjudicate adjustment of status cases. I know a security/name check is done when they have your fingerprints but what else? Do they use your social security number to look at your credit history or do they contact the IRS for transcripts of your tax returns etc, how do they verify information on your employer etc etc? Does anyone know what procedures/actions USCIS takes when adjudicating cases? Thanks...:confused:
more...
walking_dude
01-11 04:19 PM
1. Ball park figure is total of 218,000 visa wasted from previous years. How much of it will go to EBs (and others) will be based on how the recapture gets implemented. If we don't do anything and sit quiet, it may as well be ZERO. Nurses will walk away with the cake
2. President can pass an 'Executive Order' to provide interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
2. President can pass an 'Executive Order' to provide interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
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skd
07-11 12:26 AM
yes, he speaking about problem faced by all of us
more...
Saralayar
01-08 12:08 PM
If you dont have PR, the rateyou pay is higher. Some deny loans as well.
This is not true. Recently, me and one of my friend got Home Loan for a good interest rate. It all depend on your credit score and credit history and not PR. You need to provide your papers properly. If you say some statement like this, please provide evidence.
This is not true. Recently, me and one of my friend got Home Loan for a good interest rate. It all depend on your credit score and credit history and not PR. You need to provide your papers properly. If you say some statement like this, please provide evidence.
hot %IMG_DESC_5%
intbuz
08-19 02:37 PM
Yes. Indeed you are approved..Congrats.
thanks Anil
thanks Anil
more...
house %IMG_DESC_17%
tempy
09-09 08:31 AM
That is not an RFE. It's a welcome notice, which is expected.
Thank you.
Thank you.
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kaisersose
03-26 12:52 PM
I had a reqruiter discussing a great job opportunity and finally when it came to the status thing, it was my mistake, i said "I have EAD". She said "That's fine" and never got back to me, she said she will be in touch via email but never did that.
So this is a pattern now.
Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.
I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????
I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.
Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.
The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.
My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.
There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.
It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.
So this is a pattern now.
Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.
I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????
I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.
Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.
The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.
My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.
There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.
It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.
more...
pictures %IMG_DESC_7%
MahaBharatGC
11-25 10:48 AM
Plz stop throwing mud at each other.
US Mortogage Economy is much bigger pie in which our share sometimes minimum (people like me who did not by home) and people who bought are venting out the prices are come down.
The fact of the matter is, anything is possible in US. Did not we hear Real Estate downs in New York and California in late 90s?
By saying that you want to make money by selling house, you are taking risk.
Now, if system provides a mechanism to walk away with a foreclosure, people will do it. It has been happening on Backruptcy and hence GOVT tightened it.
The foreclosure process might also get changed in future.
I do not know full details of ins and outs of Foreclosure so I will leave that to experts advice.
But please stop blaming each other!!!
This is not meant for blame game but for advice to an "co-immigrant".
US Mortogage Economy is much bigger pie in which our share sometimes minimum (people like me who did not by home) and people who bought are venting out the prices are come down.
The fact of the matter is, anything is possible in US. Did not we hear Real Estate downs in New York and California in late 90s?
By saying that you want to make money by selling house, you are taking risk.
Now, if system provides a mechanism to walk away with a foreclosure, people will do it. It has been happening on Backruptcy and hence GOVT tightened it.
The foreclosure process might also get changed in future.
I do not know full details of ins and outs of Foreclosure so I will leave that to experts advice.
But please stop blaming each other!!!
This is not meant for blame game but for advice to an "co-immigrant".
dresses %IMG_DESC_12%
pappu
08-04 06:43 PM
FBI Name Check
Copyright � Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
Copyright � Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
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saimrathi
07-10 12:50 PM
Any updates to this.. This was like hours ago..
News from the front line
by english_august
Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.
They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.
Kudos to everyone who kept the faith.
News from the front line
by english_august
Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.
They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.
Kudos to everyone who kept the faith.
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jo3350
04-17 09:03 PM
Yes this is true. last year i my wife's EAD was dealyed after 90 days so i walked into a USCICS centre and they said they no more issue INTERIM EAD's.
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pani_6
09-15 11:28 PM
Call them once, twice , thrice;)
ohguy
09-17 08:22 PM
Hi ag11,
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
I received I-485 approval letter from USCIS today which reads as follows:
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."
Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?
My wife already received her physical green card although she is beneficary of my application.
I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:
I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.
Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
I received I-485 approval letter from USCIS today which reads as follows:
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."
Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?
My wife already received her physical green card although she is beneficary of my application.
I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:
I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.
Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!
conchshell
07-09 09:13 PM
Please do not feel violated by what Smitha mentioned. If we claim that we follow Gandhi's path, than we must act on it. Smitha has her own way of thinking and even though we disagree, kindly respect her point of view. She has suffered as much as any of us has suffered in past days/months/years.
Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.
I would like to quote a poem by C. Rajagopalachari:
Victory is certain, O Mind!!
Away with false fear.
Devotion bears its fruit.
Shoulders we have, Broad and strong, And intelligence.
We can gather what we work for.
Unalterable law protects Our efforts unflagging.
Away then with fear and despondency!
So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.
Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.
I would like to quote a poem by C. Rajagopalachari:
Victory is certain, O Mind!!
Away with false fear.
Devotion bears its fruit.
Shoulders we have, Broad and strong, And intelligence.
We can gather what we work for.
Unalterable law protects Our efforts unflagging.
Away then with fear and despondency!
So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.
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