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  • 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.





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  • ashkam
    12-21 07:46 AM
    Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(

    G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.





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  • coolmanasip
    03-13 10:34 AM
    I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...





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  • sanju
    09-26 09:39 AM
    Whatever is the report on CNN, why do you have to draw an analogy between US and Indian? I mean, you think that there are only two nations in the world - US and India? Or do you think that all people on IV forums are from India? Sorry, it is not my objective to offend anybody but I find these analogies very funny. Also, I think such immature posts hurt our cause. You bring the forum�s attention to a good point, however, the post screwed-up in driving away non-Indian members on the forum. Also, if you hold a negative opinion about the place of your birth, how would you be able to develop a respect towards the country you want to as your future home?

    Please be considerate towards the feelings of all nationalities on the forum. Just a suggestion....

    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606



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  • meridiani.planum
    08-07 02:38 AM
    Hi Sachug22,
    Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.

    Any idea?

    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853


    Thanks

    that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.





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  • pointlesswait
    03-11 11:04 PM
    kelaaaaaa....re kela..



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  • Abhinaym
    08-11 10:13 AM
    It's out now EB2 I and C are 08JAN05.

    Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)





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  • singhsa3
    02-22 09:18 AM
    In ancient times there used be gods for every potentially powerful / Harmful things that people were afraid of . For example:
    God of Fire : Hephasistos for greeks, Agnidev for Hindus, Vulcan for Romans
    Godess of Wisdom : Athena for greeks, Sarswati for Hindus, Minerva for Romans
    King of gods : Zeus for greeks , Indra for Hindus, Jupiter for Romans
    etc etc...
    So in the modern times we have the following gods, and we are afraid making them unhappy
    God of Visa Bulletien : DOS
    God of Visa issuance : INS
    King of gods : The Lawmakers.

    Then there are priests , who claim to have direct connections with these Gods. :D
    I agree with you.
    This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.



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  • 3d Nirvana
    03-07 06:31 PM
    sry guys, i have to pull out. I have a big essay that has been assigned and i cant spend the time needed to make a good entry. sry!

    i'll make one later and just post it in showcase :)





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  • serg
    07-01 09:46 PM
    Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.

    He/She crossed the line somehow.

    Yep, go ahead and ask to delete all newcomers who've been here less then {insert # of days}, or who can't contribute, or just anyone who was waiting for promised update (thanks Pappu for update).



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  • lordoftherings
    07-04 07:47 PM
    Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.





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  • jthomas
    10-16 05:41 PM
    I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.

    Lets check which state chapter can get max contributions



    Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.

    If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.



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  • srkamath
    07-12 08:26 PM
    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input
    Thanks for your response,
    I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".

    The equivalent for AOS cases may therefore be
    - Completed and signed I-485 + Fees
    - All initial evidence sent such as medical etc.
    - Background checks cleared (or 180 days have passed)
    My guess is DQ does not mean pre-adjudicated (I hope so...)





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  • bayarea07
    09-10 02:24 PM
    HR5882 will be presented next after HR6020 :-)

    I do see some action now on http://judiciary.house.gov/hearings/calendar.html

    HR6020 is being presented right now



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  • Dakota Newfie
    07-03 12:20 PM
    As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!

    That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.





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  • Jello
    04-05 08:39 AM
    Has any body got any news or latest development about FBI name check?



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  • varshadas
    01-27 11:02 AM
    Here is a summary of what we discussed in the conference call. Please add anything that I may have missed out.

    1> Contact local congressmen - This is by far the most important thing that we have to do. As mentioned in my previous posts, congressmen will talk to only their district people, so each one of us has to try to contact the local congressmen - Varsha, Sanjay, Shekar, Ajay and Rajeev

    2> Investigate our options with EBC radio - Sanjay

    3> Investigate our options with Namaste America, AVS - Don't remember who volunteered for this

    4> Distribute Flyers at Metropark on Monday - Ajay and Shekhar

    5> Distribute Flyers at Bridgewater Temple - Varsha, Sanjay, Shekar, Ajay and Rajeev - Saturday, 02/03/2007

    6> Come up with catch flyer sentences - Varsha to come up with the first draft. Lets try to close this out by Wednesday, 01/31/2007.

    7> Investigate options with local newspapers - Ajay

    8> Contact Oprah Winfrey - Varsha

    9> Continue ongoing membership drive - Varsha, Sanjay, Shekar, Ajay and Rajeev

    Option Ruled Out - Advertising in Movie Theater
    Reason -
    1>Cannot control the screens the advertisement will be played on
    2>Because of above, could backfire if people not pro-immigration
    3>Very expensive. Cost just not justify the benefit

    Thank you all for your participation in the call today.

    Thanks,
    Varsha





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  • BharatPremi
    07-13 10:23 AM
    To those guys:

    Who are against Ms Murthy or any other law firms please educate yourselves before start whining. I am not going into more detail but I think Delax has fairly explained... Some entities may be working in the background for our cause and can not go public about their activities... You would say how do you know? For that you will have to learn the art of "Reading between the lines" .. And if you can not do that please shut your mouths. Everybody is playing their parts fairly.





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  • saggi13
    01-22 08:15 PM
    Texcan,
    Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.

    So, I still consider myself lucky. Please pray for all those who arent lucky enough.

    Thanks





    mhathi
    03-03 04:51 PM
    You need an option: My home buying decision is independent of green card process.





    varshadas
    02-01 12:12 PM
    Date: Thursday, February 01, 2007
    Start Time: 10:30 PM Eastern Std Time
    End Time: 11:25 PM Eastern Std Time
    Participants: 6
    Type of Conference Web-Scheduled Standard
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 66239

    Thanks
    Varsha