syedn
08-16 04:38 PM
I got welcome notice last week but no news on wife's application.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
Same situation. Opened an ombudsman investigation...
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
Same situation. Opened an ombudsman investigation...
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radhay
06-29 04:08 PM
same thing from my law firrm..
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
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."
What the heck?????
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
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."
What the heck?????
amitga
01-24 02:52 PM
I always use AMEX and I know they have a good service. Maybe that is the reason they don't accept AMEX. I also disputed the charges with my CC company and they just got back to me after a month. They require some kind of proof (which I have), but I know what they are going to say. Since the email from UK emb(ass)y clearly mention the amount of $184 and $276, they (CC company) will say the charges are correct. The trick is to catch someone at the emb(ass)y, but it will only work if their email's are working or someone out there will handle my voice mail message left on their answering machine. It is much easier for them to delete/ignore the message than to take pains to correct the situation. Remember, I am dealing with a useless govt. organization rather than a highly competitive private company.
You can take a printout from the UK emb(ass)y website showing the standard charges for Visa. I think if you print page from the following link , that will be good enough proof for CC company.
http://www.britainusa.com/visas/articles_show_nt1.asp?a=41054
You can take a printout from the UK emb(ass)y website showing the standard charges for Visa. I think if you print page from the following link , that will be good enough proof for CC company.
http://www.britainusa.com/visas/articles_show_nt1.asp?a=41054
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i99
09-24 12:04 PM
Your attorney HAS to reply to your inquiries. It is stated in every State's BAR website. Otherwise, you have right to make a complaint that stays with the BAR records forever. BAR has to publish it to anyone who asks for information about that attorney. Attorneys do not want that.
We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".
I guess we are learning this country's ways.
This worked very well ;
Our case:
i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.
We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".
I guess we are learning this country's ways.
This worked very well ;
Our case:
i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.
more...
McLuvin
04-24 03:40 PM
So Guys...
This is something really cheap of you people to think.....
I read a lot of posts where they mentioned that chuck should proceed with the bill.... so that small desi companies dont perish and that will stop abusing the H1B program...
I really dont understand that no one condemed that remark.. Guys who work in big companies are safe by this rule... So what happens to the one sustaining the so called abuses and remaining intact to get their GC's
No wonder we are not able to make progress as much as those illegal immi's do...
Way to go guys... This kind of spirit will take us to great highs
BR,
Karthik
This is something really cheap of you people to think.....
I read a lot of posts where they mentioned that chuck should proceed with the bill.... so that small desi companies dont perish and that will stop abusing the H1B program...
I really dont understand that no one condemed that remark.. Guys who work in big companies are safe by this rule... So what happens to the one sustaining the so called abuses and remaining intact to get their GC's
No wonder we are not able to make progress as much as those illegal immi's do...
Way to go guys... This kind of spirit will take us to great highs
BR,
Karthik
kevinkris
11-10 05:06 PM
Guys do it ASAP.
It's just $1.26
It's just $1.26
more...
gg_ny
08-06 07:26 AM
All of this info and more is available in the documents listed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=11087
All you have to do is read them.:)
Hi googler,
I understand you started the above "reference name check thread". Is there any reason that one has to talk about name check related issues only on that thread? This is a lean period, there are no emergencies or deadlines, the lists are not clogged with any urgent matters. Last week I requested info about name check, and got a similar posting from you. Now someone has put up a set of useful documents and a few others are discussing it, and again you are making the same posting about your thread. Is there an award for "most read thread" that goes to the thread-starters? By discussing an issue that interests you in a different context, is there any reason for you to become overtly concerned for where the discussion should be placed? Why cant you get some web admin privilege from the core and gather all "name check" postings under your darling thread cited above? Maybe your intentions are good - a mega reference for name check-, may be you want to create a resource on the lines of "namechecks r us (or) s me", but give us a break.
This posting is written more on as an observation, not as a criticism, commentary, or finger pointing. So during your "website-policing-for-namecheck-postings" process, if you come across this, please dont become too defensive to reply to me. Even if you do, I would not respond.
I did a name check on your pseudonym (of course on Google ;-)) and found this music clip kinda explaining 'organize it all' desperation. Enjoy the song at: http://blogoscoped.com/archive/2007-07-20-n73.html
http://immigrationvoice.org/forum/showthread.php?t=11087
All you have to do is read them.:)
Hi googler,
I understand you started the above "reference name check thread". Is there any reason that one has to talk about name check related issues only on that thread? This is a lean period, there are no emergencies or deadlines, the lists are not clogged with any urgent matters. Last week I requested info about name check, and got a similar posting from you. Now someone has put up a set of useful documents and a few others are discussing it, and again you are making the same posting about your thread. Is there an award for "most read thread" that goes to the thread-starters? By discussing an issue that interests you in a different context, is there any reason for you to become overtly concerned for where the discussion should be placed? Why cant you get some web admin privilege from the core and gather all "name check" postings under your darling thread cited above? Maybe your intentions are good - a mega reference for name check-, may be you want to create a resource on the lines of "namechecks r us (or) s me", but give us a break.
This posting is written more on as an observation, not as a criticism, commentary, or finger pointing. So during your "website-policing-for-namecheck-postings" process, if you come across this, please dont become too defensive to reply to me. Even if you do, I would not respond.
I did a name check on your pseudonym (of course on Google ;-)) and found this music clip kinda explaining 'organize it all' desperation. Enjoy the song at: http://blogoscoped.com/archive/2007-07-20-n73.html
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delhiguy79
10-17 07:15 PM
If you get different A#s then definitely there is a possibility of delays in the application.
I am not sure what happens with namechecks. Need to research further. My guess is you will have double chances of getting stuck in namechecks! This assumption is based on the fact that multiple filers need to undergo fingerprinting and background checks multiple times and thus chances of getting stuck in namechecks must also increase for them.
i heard from my lawyer that we shoud combine them...will talk to him again on Friday...lets see wat he suggests...
does anybody know the process of combining or withdrawing one set....
I am not sure what happens with namechecks. Need to research further. My guess is you will have double chances of getting stuck in namechecks! This assumption is based on the fact that multiple filers need to undergo fingerprinting and background checks multiple times and thus chances of getting stuck in namechecks must also increase for them.
i heard from my lawyer that we shoud combine them...will talk to him again on Friday...lets see wat he suggests...
does anybody know the process of combining or withdrawing one set....
more...
speddi
08-12 07:13 PM
Today we received our welcome notices. The PD on my application is correct but the PD on my wife's application is same as the receipt date. Is this normal for the dependent application?
Our applications were approved based on substitute labor. Our 485 is based on 140 with PD Aug 2006 but we have another substitute labor with PD Nov 2005. When I applied for 140 with PD Aug 2006, I added my wife as dependent. But in the substitute labor I am not sure if my wife was added.
Is there anything to worry or just ignore it?
Thank you
Our applications were approved based on substitute labor. Our 485 is based on 140 with PD Aug 2006 but we have another substitute labor with PD Nov 2005. When I applied for 140 with PD Aug 2006, I added my wife as dependent. But in the substitute labor I am not sure if my wife was added.
Is there anything to worry or just ignore it?
Thank you
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abhijitp
07-09 07:02 PM
I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.
I think that is a smart response from USCIS. The good news is, it will not backfire the way some people were wondering... and also that the media will cover it.
I think that is a smart response from USCIS. The good news is, it will not backfire the way some people were wondering... and also that the media will cover it.
more...
DesiGuy
09-09 03:40 PM
guys, i am now in UK and it's night time but trying to call as many as possible.
also asked friends & family (in US) to start calling.
can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.
This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).
God bless!!!
also asked friends & family (in US) to start calling.
can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.
This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).
God bless!!!
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ilwaiting
06-29 05:08 PM
DEAR GOD!!!!!! THIS APPEARS TRUE. THEY ARE CALLING FOR PLAINTIFFS.
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
more...
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sravani
05-22 12:32 PM
Hi All!
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
You don't need Visa Stamping. I-94 only matters for USCIS. I applied my 485 last month and my passport Visa stamping expired one year ago. Good Luck!
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
You don't need Visa Stamping. I-94 only matters for USCIS. I applied my 485 last month and my passport Visa stamping expired one year ago. Good Luck!
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ndialani
10-15 04:04 PM
Hi Rubaru,
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
more...
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desitechie
08-20 08:02 PM
[QUOTE=addsf345;726872]I have similar experience. I moved to sunrocket (which is now teleblend) from vonage. I pay half of what I used to pay vonage for same services/usage.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.[/QUOT
I belive ultimately all the big phone service providers like Reliance, Airtel and Tata will reduce the calling rates to match/beat VOIP providers like Vonage.
This will be the saving grace to keep down the telephone expenses.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.[/QUOT
I belive ultimately all the big phone service providers like Reliance, Airtel and Tata will reduce the calling rates to match/beat VOIP providers like Vonage.
This will be the saving grace to keep down the telephone expenses.
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never_giveup
09-10 10:41 AM
Called almost everyone on the list and urged for support.
To all others like me, who are hesitant and are not sure about the talking points. Below is something that can help.
You would most likely be talking to a person taking messages and not the congressman/woman directly.
And you also dont have to explain them the details of the bill, as they are very well aware of it. All you have to tell them is it is about HR5882.
After one or 2 calls, my message was standardized and this is what I used in all the calls.
Good Morning. I am calling in regards to the bill HR5882. (Pause for the other person to give you a go ahead and then continue). I would like to express my support for the bill and would like to request the support of Congressman/woman for the bill. If you can pass the message to the Congressman/Woman, that will be greatly appreciated.
Thank You and have a Great Day.
Some of the offices will ask you for your phone number and address, go ahead and give it to them. No harm.
And some might ask you where you are calling them from. My reply to them was - I am calling from the state of VA. I also reached out to my district's congressman, but also wanted to request the support of Congressman XXXX and so am calling your office.
I was initially hesitant and was not sure as to how to put it together, but it was real eazy and quick. After some calls, I even called up people who do not suppor this like Steve King, etc. It was only a matter of a call and letting them know our opinion. All that I lost was 2 minutes of my time and no money for my unlimited phone plan.
Not sure how much help it will be, but surely cannot hurt. It would atleast draw their attention due to the large call volume. Yes, some offices told me that they were receiving lot of calls for this bill.
So go on... do your part.
To all others like me, who are hesitant and are not sure about the talking points. Below is something that can help.
You would most likely be talking to a person taking messages and not the congressman/woman directly.
And you also dont have to explain them the details of the bill, as they are very well aware of it. All you have to tell them is it is about HR5882.
After one or 2 calls, my message was standardized and this is what I used in all the calls.
Good Morning. I am calling in regards to the bill HR5882. (Pause for the other person to give you a go ahead and then continue). I would like to express my support for the bill and would like to request the support of Congressman/woman for the bill. If you can pass the message to the Congressman/Woman, that will be greatly appreciated.
Thank You and have a Great Day.
Some of the offices will ask you for your phone number and address, go ahead and give it to them. No harm.
And some might ask you where you are calling them from. My reply to them was - I am calling from the state of VA. I also reached out to my district's congressman, but also wanted to request the support of Congressman XXXX and so am calling your office.
I was initially hesitant and was not sure as to how to put it together, but it was real eazy and quick. After some calls, I even called up people who do not suppor this like Steve King, etc. It was only a matter of a call and letting them know our opinion. All that I lost was 2 minutes of my time and no money for my unlimited phone plan.
Not sure how much help it will be, but surely cannot hurt. It would atleast draw their attention due to the large call volume. Yes, some offices told me that they were receiving lot of calls for this bill.
So go on... do your part.
more...
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santb1975
01-08 01:27 AM
I am in India right now but I will handwrite the letters and post them when I get back. I will post this on the So.Cal group as well. Let's do this
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eb_retrogession
01-18 07:34 PM
James Rogers was on the Bill O'Rielly show. They oppose HR 4437
http://www.jesuit.org/sections/sub.asp?SECTION_ID=193&SUBSECTION_ID=633&PARENT_ID=
http://www.jesuit.org/sections/sub.asp?SECTION_ID=193&SUBSECTION_ID=633&PARENT_ID=
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wandmaker
01-09 06:39 PM
Now long awaited Feb 08 bulletin is out and the dates are as expected. It is time for all IVans (including guests) to help IV to succeed in the campaign. Focus your energy, spread the word, make others do the same - IV will help us succeed.
chanduv23
01-10 11:08 AM
Just a thought. I think something is holding back folks to write up these letters directly to president. Do you guys think it's a good idea just to have these letters mailed to IV and then pass it along to white house administration when IV meets them.
Those who are against IV and have never supported or never wanted to do anything just make it a point that they will NEVER do it. The reason they give will be a "Silence" or a "change in topic of discussion".
Pessimists will say "Nothing will happen" or "So did you get your GC? after the rally?"
Some say "Who cares for GC when you have choice to go home"
Those who are against IV and have never supported or never wanted to do anything just make it a point that they will NEVER do it. The reason they give will be a "Silence" or a "change in topic of discussion".
Pessimists will say "Nothing will happen" or "So did you get your GC? after the rally?"
Some say "Who cares for GC when you have choice to go home"
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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