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  • pappu
    08-04 06:07 PM
    http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html

    Immigration Security Checks�How and Why the Process Works

    Background

    All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

    Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.

    USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.

    Why USCIS Conducts Security Checks

    USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    How Immigration Security Checks Work

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.

    For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.





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  • pbuckeye
    04-01 10:35 AM
    Who is a freeloader ? (Say) you started contributing $25 per month 3 months back, contributed $75 till date and I have contributed $200 till date towards two specific drive .... so a person contributing $75 calls a person contributing $200 as a freeloader !!!

    I agree. Lets not start using negative terms. People have been contributing in ways they see fit (providing info, answering questions and one-time or recurring donations).

    Having said that, IV has put the donor forums in place for a reason and has already explained the rationale behind them, so there is no point in revisiting that over and over again.





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  • grupak
    03-26 11:39 AM
    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.


    I understand. For an analogy consider theft. You might not know who did it but you lodge a complaint with the police. Its their job to investigate. Sometimes they are successful, sometimes they are not.

    In this case if the govt gets lot of complaints, and find a pattern they will investigate and find the dirt.

    All I and a few others are saying, discriminating EADs is illegal, and there is a govt. agency to deal with these things. So, if anybody is a victim contact the govt. agency. By being quite we are not helping ourselves.





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  • chanduv23
    11-04 10:22 AM
    Lets this stay on top



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  • Techieforever
    08-13 11:32 AM
    Hello guys

    Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)

    thanks





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  • apb
    10-06 05:46 PM
    Hi apb..

    Good to see that there is some activity going on our cases..i got the response form USCIS saying that "the case is pending at the USCIS office" dose this means they transfered the case to local office? or still at NBC..dose your message says that the your case has been transfered to "local USCIS office" or just "USCIS office"?..

    My online status says transferred to USCIS office, BUT the mail I got in response to my lost application inquiry stated LOCAL uscis office and that you will be called for interview whenever they are ready.



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  • NKR
    08-07 01:18 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC.


    The law would allow him to port his EB3 PD just like how it is doing now. he will not be in the same situation, isn't this better now?





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  • pat123
    09-10 12:09 PM
    I created a SR and got a reply that my case went for additional review and to call back after 6 months .IS this a STANDARD reply else something bigger coming up next?:confused:



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  • ravi_gc
    08-13 03:20 PM
    PD: Nov-18-2005
    NSC

    485 Notice Date: Sep 7, 2007; LUD 05/12/2009
    Got RFE for Employer Letter, Missing Vaccination and G325. Replied on Apr 30, 2009
    --------------------------------
    The last updated on my and wife's files were on 05/12/2009 (after the RFE Respnose)
    I Went to the Local USCIS center on 08/02/2010. IO mentioned that Name check and FBI check had cleared. But he could not tell if my case was assigned to an IO. He asked me to open an SR. I called the 1-800 number and opened an SR on 08/03/10. I got a standard email from USCIS for the SR I opened, on 08/11/2010. It said that my case and my wife's were both were under review and it would take up to 60 days for them to process it.
    On 08/13/2010 8.03 CST, I got a SMS on my cell that My case status was updated. I had received that Card Production was ordered on 08/12/2010.
    Now, I am waiting on my wife's approval.





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  • purgan
    07-13 03:53 PM
    Loo Doggs is a xenophobe and nativist to the core...


    He doesn't like Illegal immigrants "because they broke the law"

    He says he likes Legal immigration, but then he curses every avenue for legal immigration under curent law.
    1. He calls the diversity visa lottery the "great american giveaway" and has called for its abolition.
    2. He calls family immigration "chain migration"
    3. Finally, he calls employment-based immigrants as "stealing american jobs"

    C'mon dude, its time to give up the pretense that you like immigrants!!



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  • Nil
    03-11 12:32 PM
    i guess some of the folks who are in the same GC boat do not approve of a few getting into citizenship while the rest are left behind.
    This is fully understandable.
    All what we are aiming for, finally, is citizenship.
    All what a few red dotted folks here are talking about is to set a fair timeline for it.

    Say if one gets the GC after 4 yrs of application, s/he will get a citizenship roughly 10 yrs from that start. What is wrong if someone who is waiting in queue for 10 years can finally apply for citizenship?

    We need to find a plan to propose that will speed up the GC process as well as deliver citizenship after a foreseeable period of time.
    There is no discrimination here.
    Please feel free to reason out instead of pouring in red dots.





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  • Hunter
    05-09 05:30 AM
    I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)

    Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.

    I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. May be highschool dropouts in US may not be that bad when contrasted against that statistics, after all Bill Gates was also a dropout. Also the dime-a-dozen so-called "engineering colleges" in India that feed Indian offshoring companies are known for QUANTITY and not QUALITY. Indian students go for (or their parents pay for) those courses offered in those colleges precisely because they offer a better future - i.e. they feel they get a good ROI on their investment, even if they don't have the interest or aptitude for Computer Science or engineering. These days, these facts are known to a lot of americans working in IT.

    If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted. This is what President Obama also emphasized today about the need for fundamental change in unemployment allowances helping to retrain the laid-off workers.

    It will no doubt cut into the obscene profit margins of TCS/INFY etc., as they will be forced to play by the rules.



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  • desi3933
    06-16 12:06 PM
    ...
    L1 dumping is VIOLATION. They can not work at client's place. When there is a competition, it should be on fair terms. ....


    Agreed that L1 dumping to replace a worker is violation in many cases and should be reported. If enough people complain, that might force companies to mend their illegal ways.

    >> When there is a competition, it should be on fair terms. ....
    This is true ONLY in ideal world. The correct statement should be
    When there is a competition, it should be on actions that are legal.
    There are lot of things, that are/appear to be unfair, but are legal. Example - To replace 2 us workers that are earning 90k with 3 works with 60k salary. This may appear unfair (specially from workers point of view), but this is legal.

    Same way, there are many legal shortcuts that allow to place a L1 worker. These companies have highly paid lawyers and their job is to find legal ways to reduce costs. For obvious reasons, I will refrain from discussing examples of such legal shortcuts. Anybody who has worked in consulting environment for enterprise level projects for 6+ years can guess them.

    In this fast changing tech environment, I would like to put famous Charles Darwin quote
    It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change.

    Good day!





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  • bejoy_p
    09-16 12:01 PM
    Thanks to IV for all the information and discussion.

    Priority Date: March 31st, 2006 at NSC
    Category: EB2
    SLUD: 8/18 & 9/4

    CPO email: 9/15 (morning)
    Decision email: 9/15 (afternoon)
    CPO email again: 9/16 (morning)

    No approval email yet!!!



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  • obviously
    07-09 06:41 PM
    IV Core - Urge you to publish a PRESS RELEASE tomorrow to build upon the current message.

    Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.





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  • dontcareanymore
    01-09 04:43 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also

    Thanks

    Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.

    REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.


    The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).



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  • godbless
    01-21 01:56 AM
    I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.





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  • pappu
    08-07 04:02 PM
    Let's file a lawsuit against whoever started this system..LOL

    On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.

    :D:D:D

    Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.

    Its your choice.





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  • nc14
    11-25 02:06 PM
    I also got my letter and envelope back from TSC. :confused:


    I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
    No responses from anyone else.





    sravani
    05-22 12:32 PM
    Hi All!
    I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
    I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
    then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
    Your input is appreciated.
    Thank you.

    You don't need Visa Stamping. I-94 only matters for USCIS. I applied my 485 last month and my passport Visa stamping expired one year ago. Good Luck!





    gvenkat
    09-23 08:08 PM
    All we need is just 233,816(page 2) visas(forget about country limit, EB category etc). In that case in 2 years we will have 280,000(140,000 * 2) visas. So should we all get GC in two years with that logic.

    If only USCIS can think along those lines. :confused: