sat0207
04-27 09:23 AM
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.
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 multiagency 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 evenseveral 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.
�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.
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 multiagency 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 evenseveral 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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ghost
08-11 11:46 AM
You put it out well from your side.
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
kshitijnt
08-10 03:34 PM
Wishful thinking ?:)
I would be happy even if they clear all cases for 2003 and half of 2004 in 2010 calendar year. (i.e. for India alone)
I would be happy even if they clear all cases for 2003 and half of 2004 in 2010 calendar year. (i.e. for India alone)
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jw419
04-14 03:11 AM
Many people do not know about this issue yet. My senators do not want to do much on this issue because it is sensitive to bogus national security. My corporate lawyers (and executives) do not want to draw attention to this matter because retrogression is less trickier than this one politically. Guys we need to speak out otherwise nobody will even know about this issue.
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
more...
jelo
04-09 11:11 AM
I spoke to the lawyer about IOs at POE calling the employers whether the H1bs can be replaced by citizens. His explanation made sense and this calling business looks suspicious.
As he said, we do not prove anywhere in H1b process that we are not going to replace citizens. we do prove that the job will be paid the prevailing wage at the location. So I dont know how the IO can call and ask that unless they have other strong reason to do so. I do here such news but not from any one I know and travelled.
As he said, we do not prove anywhere in H1b process that we are not going to replace citizens. we do prove that the job will be paid the prevailing wage at the location. So I dont know how the IO can call and ask that unless they have other strong reason to do so. I do here such news but not from any one I know and travelled.
bfadlia
05-27 03:59 PM
I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..
I asked a guy in kinkos to photocopy for me, told me he can't, it's illeagel, then lowering his voice as if we're drug dealers said go to that self serve copier and do it yourself and I'll pretend I didn't see.
I asked a guy in kinkos to photocopy for me, told me he can't, it's illeagel, then lowering his voice as if we're drug dealers said go to that self serve copier and do it yourself and I'll pretend I didn't see.
more...
Indirant
02-01 08:15 PM
Varsha,
I will be dialing in.
Thanks
Sekar
I will be dialing in.
Thanks
Sekar
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Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
more...
GCcomesoon
04-25 12:20 PM
Hi
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
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srkamath
07-04 03:16 PM
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......
Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......
more...
varshadas
01-24 10:33 PM
Let us have a conf call on 01/27/07 at 10.00 AM. I will post the conference details soon.
Thanks,
Varsha
Thanks,
Varsha
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
more...
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manishcp
09-26 10:02 AM
I did send E-mail
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sukhwinderd
02-21 06:40 AM
people from neighboring area/from places on the way are welcome to join.
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arnab221
04-23 01:38 AM
Lot of you guys have mentioned that there were a set of people( Latino immigrant community) there who were not happy with some of the terms in the STRIVE ACT. Could one of you tell us what those terms were ? Since legal immigration reform are hostage to Comprehensive immigration bills at this stage, I am just pondering if those terms become a hindarance in STRIVE getting cleared and consequently section V not getting passed .
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
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prioritydate
12-20 07:05 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
more...
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greencard_fever
07-28 05:08 PM
only a fool of the nth order can say that india will benefit from this nuclear treaty!
I am not saying that India will be benefit from with this N-deal. I was said if so then how? read it properly...by the way i don’t have any info on this deal and looks like you have more info. can you please tell me and other IV members who is not aware of this deal that how India will not get the benefit and how bad it will effect our great nations growing economy and Nuclear power?
I am not saying that India will be benefit from with this N-deal. I was said if so then how? read it properly...by the way i don’t have any info on this deal and looks like you have more info. can you please tell me and other IV members who is not aware of this deal that how India will not get the benefit and how bad it will effect our great nations growing economy and Nuclear power?
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eb3India
06-12 06:58 AM
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
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prioritydate
01-17 07:32 PM
I think whatever OP said is true.
rayoflight
08-10 01:58 PM
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
NKR
09-05 04:07 PM
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
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