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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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  • bigboy007
    06-20 12:27 PM
    My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don’t have a job it has got to be someone else’s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with “real Americans”. And this “real American” thing is so full of it. You are real American because your forefathers came here in 1700? But weren’t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.

    None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.

    Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
    Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.





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  • GCKaIntezar
    12-27 02:31 PM
    Just to shed some light on the mortgage scenario -

    Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.

    The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.


    Just to clarify on all the confusion:

    If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.

    For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.

    I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.

    But I do have a valid visa on my passport.

    About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.

    Singapore does not require any visa.

    No visa for Germany, Middleeast and most of the East Asian stops.





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  • thirdworldman
    02-23 03:04 PM
    I haven't forgotten, but I haven't had time either. I'm going away for the weekend and won't be able to work on it until after Monday.



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  • rajsand
    09-26 11:36 AM
    Sent a message to the editor.
    Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!





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  • satishku_2000
    12-20 04:19 PM
    May be hilarious for you, not for me. You would understand the situation if you were in my shoes.

    Please just dont worry about it too much , there are also chances that you may not get an RFE. There are chances that you may get an RFE but you dont know what USCIS will ask from you. You need to have RFE in hand to prepare response for that.



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  • Imigrait
    01-30 02:46 PM
    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?





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  • sweet23guyin
    04-24 10:21 AM
    Congratulations. Enjoy your freedom.
    I have question, how do you get email? i mean do we mention email address in 485 apps. sorry it's not on my head what i have filled in 485. Just need to know where and how we provides email address. And help us with more information.


    Create an account at
    https://egov.uscis.gov/cris/jsps/registercustomer.jsp

    You will get updates of ur case through email.



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  • ss1026
    08-17 09:58 AM
    It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?

    I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India

    EB-3 India Feb 05





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  • gimmegc
    07-13 08:36 PM
    Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
    Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.

    My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..

    Thanks, I will keep you posted. My PD is Nov 04 and I am hopeful that something good is gonna come out of this one......



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  • needhelp!
    09-18 11:47 PM
    I agree,I was a bit annoyed when the congressman started talking about the illegals.. it was totally not related to us.





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  • reachinus
    02-07 09:01 AM
    I can donate 16000 US Airways miles from 2 accounts. Please let me know the process.



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  • Jaime
    09-10 12:41 PM
    You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.





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  • coopheal
    03-12 12:19 PM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.


    IV does not want your money. Its not asking for Charity.

    IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.



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  • kpchal2
    07-18 12:17 PM
    hi tapukakababa, the number is for the national customer service center but you mentioned you called the nebraska service center. so did u ask them to transfer to that service center or ???. i would like to talk to those guys and see what they did wityh my application. i guess we already had a painful ride and if it does not yield the right fruit then it really hurts us bad.





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  • pitha
    06-30 09:30 PM
    my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)



    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.



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  • SunnySurya
    07-28 05:32 PM
    Of course these are related to immigration, let me tell you how:
    Picture of lord Ganesha will make more beer sell. More beer will have two consequences one employment level will increase plus people will be more energized drinking these beers. So in both cases it will increase the well being of Indians.
    So this means, Manamohan Singh and other MPs will drink these beers a whole lot and sign the Nuclear deal. Once the nuclear deal is signed more elctricity will be generated and hence more beer.
    That will increase the the well being of Indians further.
    Once a certain level of standard of living is reached no one would want to come to the USA
    If no one wants to come to the USA , naturally the green card line will become short.
    If the green card line is shortned then...
    EB2/EB3 for India will become current...
    :DMy Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)





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  • ssdtm
    01-31 03:15 PM
    What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?





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  • singhsa3
    03-03 01:01 PM
    I think you missed the point.
    We are just saying that we are part of greater economic solution. Our cause has been supported by Greenspan, compete america and several other organizations.
    We offer Skills, We offer buying power, We offer much more that will benefit America for the years to come...

    It is high time that we be taken seriously and our voices be heard...





    mandeep1975
    07-01 09:49 PM
    When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!





    sunitharay
    08-14 05:14 PM
    When did you submitted your applications?

    Please let me know? thanks



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