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Monday, July 4, 2011

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  • InTheMoment
    08-04 09:21 PM
    Very relevant info regarding FBI namecheck:
    http://immigrationportal.com/attachment.php?attachmentid=16343&d=1179435102

    Relevant part below:

    Testimony of Michael Cannon,
    Section Chief
    National Name Check Program Section
    Records Management Division
    Federal Bureau of Investigation (FBI)

    Feb 9th, 2006, US District Court
    Southern District of Florida

    (1) 1 am currently the Section Chief of the National Name Check Program Section ("NNCPS"), formerly pa rt of the Record/Information Dissemination Section ("RIDS"), Records Management Division ("RMD"), at the Federal Bureau of Investigation Headqua rters ("FBIHQ")
    in Washington , D.C. I have held this position since March 7, 2005 . This declaration supplements my January 30, 2006 declaration previously submitted in this ma tter and is intended to provide further information in accordance with the order issued in the above captioned case
    on February 9, 2006 by the Honorable United States Dist rict Judge Ursula Ungaro-Henagcs .

    (2) This Honorable Court is seeking additional information on the FBI' s name check process, including the amount of time, on average, required to complete a name check requiring a secondary manual search; the average time required to retrieve and review an FBI record for
    possible derogatory information ; and why it took three years to complete the plaintiffs name check.

    (3) The amount of time, on average , required to complete a name check requiring a secondary manual search varies from case to case. Because there is a backlog of cases currently pending, it is difficult to compute an overall average. As mentioned in my January 30, 2006
    declaration, approximately 68% of the name checks submitted by the United States Citizenship and Immigration Services (USCIS) are electronically returned to USCIS Headquarters as having "No Record" within 48 hours, with a secondary manual search usually identifying an additional 22% of the requests as having a "No Record," for an overall 90% "No Record " response rate . The additional 22% identified as having a "No Record" are returned to USCIS Headquarters within 30 - 60 days of the date of their original submission. As mentioned in my
    January 30, 2006 declaration, the remaining 10% are identified as possibly being the subject of an FBI record, which requires the retrieval and review of the record .

    (4) Many times, the delay associated with the processing of the remaining 10% is not so much the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name
    checks submitted by USCIS, in addition to the FBI's other customers, combined with the FBI's current work on processing the residual name checks from the 2 .7 million name check requests submitted by USCIS in November 2002, as compared to the National Name Check Program's
    (NNCP's) limited resources. So far this fiscal year, the NNCP has received a total average of over 62,400 name checks per week, with over 27,700 coming from USCIS on a weekly basis .

    (5) The average time required to retrieve and review an FBI record for possible derogatory information is case specific, it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file . If a file is located at the Alexandria Records Center located in Alexandria, Virginia, an analyst will be able to obtain a file within a matter of days . If a file is located in a field office or other FBI location, the applicable information must be requested from that location. 'here are over 265 different FBI locations that could house information pertinent to a name check request, If a file is electronically available, an analyst will have immediate access to a file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible derogatory information . The length of time this takes depends on the amount of information in a file and its complexity.

    (6)The name check request for the plaintiff Maria Trujillos was submitted by USCIS 28 on March 25, 2003 . The timing was such that the submission of the plaintiffs name check request immediately followed the submission of the 2 .7 million names resubmitted by USCIS November 2002 , which unfortunately delayed NNCP' s ability to immediately address the plaintiffs name check request. Plaintiffs name check could not be immediately addressed because the submission of the 2.7 million name checks further depleted NNCP's ability to quickly address its current workload at that time , in addition to hindering NNCP's ability to address future submissions, which included the plaintiff s name check . This, combined with the factors outlined in paragraphs (3) - (5) above, contributed to the time it took to complete the plaintiffs name check .





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  • sravani
    05-16 08:30 PM
    Hi,

    I'm in trouble situation, maybe somebody can give advice.
    I can file I-485(Eb3 March 2005). But my wife & daugther basically out of status. Their H4 visas were not extended.
    Before june bulletin I was thinking to go back home with my daughter (she is under 18) and try to get visa in consulate. It was attorney advice. Also he suggest to file for an asylym for my wife.
    Now I'm going to file I-485 for whole family regardless what attorney will tell me.
    Is it good idea to go directly to uscis office and ask them (can I file)?
    And what will happen if their apps gets denied?

    Any ideas?

    I think in your case the best thing is to go out of country with your wife and daughter, get their passports stamped, reenter us and apply 485 with the new I-94.

    This is what I think, but I am no expert...





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  • gbof
    08-18 11:34 AM
    Awesome.

    Ya, journey ended well.

    .... If there is any sequence after Approvals, expect it this way: CPO/approval ADIT/Welcome mail (mail), Post decision/ Last processing Action= this is the date they mail cards and check/hope to find cards in mail box in 3-4days (DON'T discard as they look so very ordinary envelope....)





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  • punjabi77
    11-20 02:26 PM
    Correct me if I am wrong. If a person has a good paying job and if he decides to foreclose, isn't he responsible for the loss incurred by the bank. It is a different case if you have no income, but just because you lost money because of a wrong decision, how could you walk away free with just a dent in your credit history. Maybe I am missing something here.

    BTW, I am not judging OP in any way, just curious with how foreclosures work as they make headlines everyday now.

    Thanks for the feedback so far from people on this group.
    Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
    if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..

    i hope u got my point..



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  • check_rd
    06-24 03:01 AM
    Mine case is labor 06/2002 EB3, I-140 approved.
    Spouse labor priority date is 06/2007 EB2, I-140 needs to be applied.

    Acoording to my lawyer one cannot have 2 I-485's and though i explained that no such return rule he said its a risk and will get RFE and delays and personally does not recommend.

    I am going to check with my wife lawyer on Monday and its well reputed law firm.

    Since we both have stable jobs i am probably going to opt for my I-485 which has been already been filed and just file I-140 for my wife's case. Any thoughts ?





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  • gene77
    08-20 01:53 PM
    I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!

    No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.



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  • fatjoe
    10-22 04:14 PM
    Cali: Did you try Ombudsman too? No result?
    Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
    I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
    Anyhow, I have tried all that I could, and now I leave it to the Almighty.[/QUOTE]





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  • helpisontheway
    01-07 10:20 AM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.
    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.


    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!



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  • thecipher5
    10-05 09:35 AM
    I'm also in a similar situation...

    Our priority date is April 2006 and we'd received a RFE in 2009 which we'd responded in June 2009, however, still no update on our case status.

    I'd opened a SR, send an email to Nebraska service center and also approached my local senator/congressman, but no update as of yet and just the standard reply.

    What to do to expediate? We've been current for more than a month now! :(


    thank you!
    thecipher5





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  • pani_6
    09-12 08:01 PM
    NUM USA and opponents think that the Bill was postponed and are again trying to spread lies its thier effort that got it postponed..Dont believe that lies..infact it was tactical postponement to get it passed ;)

    They are launching a misinformation campaign ..The bill has a good chance of passing..plz call



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  • SunnySurya
    08-07 09:50 AM
    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.





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  • santb1975
    01-09 10:12 PM
    ^^^



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  • arkrish68
    09-10 02:06 PM
    Today I and my wife had an infopass appointment and were told that our I485 case is in Adjudication review and should expect an interview soon. I asked the officer is there anything wrong and he replied back that everything is fine. I am not sure what adjudication review is and why there is an interview if everything is fine :confused:

    We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details

    "Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?

    Did anyone had an interview before or anyone know what should we expect in the interview.

    Thanks in advance.





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  • jthomas
    05-09 01:11 PM
    Guys,
    This is one of the key reasons why we are not successful in our mission. All we can do is "lets kill H1/L1 so I can get GC", "lets not worry about EB3 as long as my EB2 is fine!". The only way we can make any progress is to stay united. Lets not try to find carrots that would really be sticks on people who are also part of this cause.

    EB3-I and EB2-I are both the same. EB3-I can port to EB2-I when the PD comes near. This is a normal human tendency and anybody would like to do it. The present EB3 guys are just waiting for the EB2 PD's to progress and they would move to EB2. I don't see anything wrong in that.
    Lets come up with some action plan. Maybe we can draw the media's attention or send letters to our lawmakers and white house.



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  • singhsa3
    08-20 10:29 PM
    One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No





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  • saibabu_d
    08-16 11:09 PM
    Is FBI name check initiated right after applying for I-485 or after getting finger printing done?



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  • caliguy
    10-26 09:50 PM
    Thanks vikki76. Yes, finally I feel like I can breathe again....

    Where is your case at? Is it TSC or NSC? If it's TSC, please send me a private message and I will give you the name of the IO. You really need to talk to this IO, and I think you will get the exact info you need.

    As one of the posters mentioned earlier, your case with the IO could mean:
    1) It's either in the holding area
    2) Or with the officer on their desk

    You want to somehow get your case to 2 - on the officers desk. If its sitting in the holding area, you can ask the IO (if they are willing to help) to send a polite reminder to the IO who your file has been assigned to letting them know that your case is current and needs to be looked at.

    Another thing the IO mentioed to me was that the case could sit in the holding area for long if the IO that the case has been assigned to is on vacation (or out sick). I'm hoping that's not the case with your application

    Good luck to you, I hope you get green soon too...

    This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
    One less thing to worry about in life.
    You have been quite persistent in your efforts to get correct answer from IO.

    In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.





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  • coolcat
    05-17 05:47 PM
    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?

    D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
    1.You depart from the United States; or
    2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.

    The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(





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  • unseenguy
    06-16 12:55 AM
    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...

    I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.

    Only some crooked lawyer who wants money will tell you, you are doing the right thing.





    rag1232
    03-30 10:35 AM
    My PD is 01/09/2007. Is there any chance to reach my spot in May visa bulletin? Any thoughts would be greatly appreciated.

    Thanks,
    Nandu





    nrk
    08-17 02:03 PM
    card production ordered

    Sorry for my Ignorance on this, but what is CPO? Is it status changed to "CARD / DOCUMENT PRODUCTION"?



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