snathan
04-27 01:39 AM
I totally agree with you. H1b and employment based GC's are so intertwined that they are almost inseparable. For example, you can get H1b extension based on your pending/approved PERM labor or your approved I-140 application. So, any change to H1b will in some way impact the GC process. I'm all for closing the loop holes in H1b provided certain reforms are also made in the EB green card process- like removing per country quotas and may be give EAD upon I-140 approval.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.
wallpaper Gunvalson is reportedly
delhirocks
06-29 05:05 PM
Heard the same from my lawyer, she has changed her tune completely in 2 days. Now she says that she is hearing the same thing and is possible. They are working through the weekend and has asked me to keep my blackberry on me at all times as they will be providing emails updates every 4 hours or if and when the said bulletin is released.
We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
krish2006
09-10 08:23 AM
I got RFE to submit employment history and AC21 details. My previous employer had file I-129 for my H1 and this triggered the query as per RFE Letter.
Update Profile my Priority date is Apr 2006
How can your previous employer can file I-129 for your H1B when you are not working for that employer? or you meant to say Your previously filed I-129 was amended so that some one else can use your H1B. I dont understand your RFE issue here
Update Profile my Priority date is Apr 2006
How can your previous employer can file I-129 for your H1B when you are not working for that employer? or you meant to say Your previously filed I-129 was amended so that some one else can use your H1B. I dont understand your RFE issue here
2011 Vicki Gunvalson#39;s Boyfriend
redsox2009
04-04 04:09 PM
We know EB2 - I dates have not moved since Oct ,2010 .
So India regular quota for the last six months : 5800/2 = 1900 .
Since dates have not moved, I am assuming 1900 should also be considered towards porting.
so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)
I think you meant to say 2800 not 5800. I'm correcting your statement.
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
So India regular quota for the last six months : 5800/2 = 1900 .
Since dates have not moved, I am assuming 1900 should also be considered towards porting.
so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)
I think you meant to say 2800 not 5800. I'm correcting your statement.
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
more...
jayleno
07-10 09:58 AM
Hi Smitha,
I hope you will try to be a silent visitor of this website again with all the blessings you got. Please dont assume that all the people on here have to think that India is their home country and India is great!!!...What about people from other countries...Please try to think in a broad perspective....the2005/2006/2007 analysis is wrong too....giving your 2 cents back...thanks but no thanks..
Jay
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
I hope you will try to be a silent visitor of this website again with all the blessings you got. Please dont assume that all the people on here have to think that India is their home country and India is great!!!...What about people from other countries...Please try to think in a broad perspective....the2005/2006/2007 analysis is wrong too....giving your 2 cents back...thanks but no thanks..
Jay
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
bikram_das_in
09-23 11:02 PM
Has anybody calculated how many spill over visa numbers will available from 2009?
more...
gcseeker101
04-01 06:19 PM
I don't want to be a spoilsport.
But there is a possibility that EB2I has not yet retrogressed (inspite of heavy porting) because USCIS knows EB1C 12000 will flow to EB2 right. In that case we may not see movement of dates in par with 12000 spillover.
Maybe I am pessimistic.
In all calculations, it is mentioned that porting at max could be 6k/year. How did we come up with this number? Any proof or just a guess?
Thanks.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
But there is a possibility that EB2I has not yet retrogressed (inspite of heavy porting) because USCIS knows EB1C 12000 will flow to EB2 right. In that case we may not see movement of dates in par with 12000 spillover.
Maybe I am pessimistic.
In all calculations, it is mentioned that porting at max could be 6k/year. How did we come up with this number? Any proof or just a guess?
Thanks.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
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singhv_1980
02-12 10:52 AM
I am also stuck in PIMS.. here are my details
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
more...
ski_dude12
09-21 10:26 AM
Listing down things I did after my date was current-
1: I opened an SR on July 5th (immediately after long weekend) as my date was current in July. Got back a response in a week that no visa numbers available. Either their system was not updated or they didnt check to see if dates were current.
2: Had to wait a month before I could open another SR. In first week of August I contacted local congresswoman/opened another SR. Congresswoman reply was that the case is being actively worked on.
3: Also, contacted the Ombudsman (mailed all the required docs) in 1st week of August. Got a response in early September that Ombudsman can help to improve procedural inefficiencies in USCIS or some extreme cases.
4: Sent an email to SCOPSSCATA@dhs.gov on August 4th with pretty much the same details- case pending/PD etc. On same day they forwarded email to NCSCfollowup, TSC for resolution.
5: On Aug 9th got reply from NCSCfollowup, TSC that file has been requested. To allow 60 days.
6: After this I did not followup in any way. Then I got an email from NCSCfollowup, TSC on 17th September that my case review was complete, prints/security was over and my file would be forwarded to officers for completing.
7: Got approval email today (September 21st).
In my opinion the email to SCOPSSCATA@dhs.gov helped the most.
If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)
1: I opened an SR on July 5th (immediately after long weekend) as my date was current in July. Got back a response in a week that no visa numbers available. Either their system was not updated or they didnt check to see if dates were current.
2: Had to wait a month before I could open another SR. In first week of August I contacted local congresswoman/opened another SR. Congresswoman reply was that the case is being actively worked on.
3: Also, contacted the Ombudsman (mailed all the required docs) in 1st week of August. Got a response in early September that Ombudsman can help to improve procedural inefficiencies in USCIS or some extreme cases.
4: Sent an email to SCOPSSCATA@dhs.gov on August 4th with pretty much the same details- case pending/PD etc. On same day they forwarded email to NCSCfollowup, TSC for resolution.
5: On Aug 9th got reply from NCSCfollowup, TSC that file has been requested. To allow 60 days.
6: After this I did not followup in any way. Then I got an email from NCSCfollowup, TSC on 17th September that my case review was complete, prints/security was over and my file would be forwarded to officers for completing.
7: Got approval email today (September 21st).
In my opinion the email to SCOPSSCATA@dhs.gov helped the most.
If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)
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BumbleBee
04-17 04:52 PM
100% agree with 'whitecollarslave'. The case is not about h1b worker, but an AOS pending status worker, I would think this status is very similar/same as asylees, and refugees.
I think taking h1b out of equation would help 'OSC' see through.
I think taking h1b out of equation would help 'OSC' see through.
more...
pappu
06-26 12:22 PM
Multiple 485 and EAD filing
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
Yup. One should be ready for the consequences when they apply. Think carefully before you do something and do not make any errors in decisions.There are both advantages and disadvantages. A lawyer office that has done this in the past quoted a case to me. Another non-desi expensive lawyer who always gives accurate information and is not greedy told me that he would not advice multiple filing.
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
Yup. One should be ready for the consequences when they apply. Think carefully before you do something and do not make any errors in decisions.There are both advantages and disadvantages. A lawyer office that has done this in the past quoted a case to me. Another non-desi expensive lawyer who always gives accurate information and is not greedy told me that he would not advice multiple filing.
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esivaa
01-03 10:39 AM
Hi,
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
more...
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SunnySurya
08-07 11:10 AM
Yes, that is the part of the problem
are you paranoid that you are going to loose your job real soon, why do you need a GC sooner, how is it going to change your sorry life.
are you paranoid that you are going to loose your job real soon, why do you need a GC sooner, how is it going to change your sorry life.
tattoo of Vicki Gunvalson#39;s Home
kevinkris
10-02 01:26 AM
Hi All,
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
more...
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veeru123
02-27 01:57 PM
Interview date: February 6th
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
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aadimanav
01-03 12:55 AM
Source:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
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guy03062
07-09 06:54 PM
Message from Mr. Emilio Gonzalez regarding Flower campaign shows that how closely they are following media coverage of July visa bulletin fiasco!
Please keet it up guys!!
Please keet it up guys!!
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bayarea07
09-15 05:22 PM
I remember IV Core had Efax as a functionality last year,can IV Core reactivate that again for this week ,s o that we can fax senators
Anyone knows when is the bill actually scheduled for voting..
Anyone knows when is the bill actually scheduled for voting..
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EndlessWait
06-29 07:16 PM
Lets all celebrate yet another screw up of USCIS.
Pls everyone forget this non-sense.
Good luck to everyone on July2nd.
Pls everyone forget this non-sense.
Good luck to everyone on July2nd.
Abhinaym
03-31 09:03 AM
Looks like this year USCIS understood they need some money and accept some extra applications, which may be the same file I485 when PD is not current. and date might go to end of 2007.
Just a thought
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eager_immi
07-11 02:11 PM
sorry to disappoint you but maybe someone else signed it under his name. I have done that for other family members when they get a fedex.LOL :D :D :D
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