god_bless_you
02-20 06:21 PM
Office of Communications
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
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trump_gc
03-21 02:15 PM
I am from NJ and will meet the lawmakers,,
FinalGC
01-05 11:54 AM
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !! I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ). IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
Dear vine93:
Your statement may be an unique case in one IBM project. I was a PMO overseeing a large IBM implementation project and all my peers at IBM had PMP's. However, for implementation projects MBA's are never considered better than PMP's, however they are at par. MBA with PMP is a unique combination and it will help your career growth. Yes i too have a MBA with PMP.
However, you said one important aspect of a Project manager, i.e. communication. The PM needs to have a good command over English communication, both speaking and writing, otherwise life will be a struggle. Many of the Indian, Chinese, Korean and other people from Asian countries have a very strong accent with their English communication....which can become a hinderance in getting the top job. Also note that a PMP will get a job if he is technically qualified and has a PMP, however for the top jobs your soft skills like communication, people skills and networking takes precedence.
Wrong !! I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ). IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
Dear vine93:
Your statement may be an unique case in one IBM project. I was a PMO overseeing a large IBM implementation project and all my peers at IBM had PMP's. However, for implementation projects MBA's are never considered better than PMP's, however they are at par. MBA with PMP is a unique combination and it will help your career growth. Yes i too have a MBA with PMP.
However, you said one important aspect of a Project manager, i.e. communication. The PM needs to have a good command over English communication, both speaking and writing, otherwise life will be a struggle. Many of the Indian, Chinese, Korean and other people from Asian countries have a very strong accent with their English communication....which can become a hinderance in getting the top job. Also note that a PMP will get a job if he is technically qualified and has a PMP, however for the top jobs your soft skills like communication, people skills and networking takes precedence.
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spindoctor
07-19 06:31 PM
I think remove "cruel" word from title.
That was an attempt at humor. Looks like it was misunderstood. :)
That was an attempt at humor. Looks like it was misunderstood. :)
more...
JunRN
12-21 11:09 AM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
cal97
02-10 07:33 PM
I got the same message in the last week of September in 2008. I honestly do not know where my case is. Called NSC, checked with an InfoPass appointment, made an inquiry through the COngress rep's office. All say the case is in NSC.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
more...
Edison99
08-02 10:15 AM
Very old article date December 17, 2007 :-(
The backlog of visa applications is a significant issue. It has been written about previously, and the USCIS has faced a good deal of criticism over it. Here is one piece of such criticism: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)
The backlog of visa applications is a significant issue. It has been written about previously, and the USCIS has faced a good deal of criticism over it. Here is one piece of such criticism: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)
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gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
more...
payur
06-28 08:29 PM
rajakannan , since you started the thread and you called for this, please tell us the plan and strategy. What do you think will be the best option so we can spread the word?
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nrk
10-29 09:46 AM
Hi,
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
more...
GCNirvana007
03-26 03:43 PM
:rolleyes:
Went for DL renewal , nothing asked literally, extended for 6 yrs.
Got to find some positive out of living :p
Went for DL renewal , nothing asked literally, extended for 6 yrs.
Got to find some positive out of living :p
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greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
more...
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acecupid
07-19 02:03 PM
Be on the safe side man... Get her here atleast one full week in advance and have her medicals done here. Dont take a risk for few $$$$:)
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bharol
08-18 02:22 AM
how does one know NC is cleared? do you see an update?
If you were July/Aug filer, it does not matter even if it is not cleared...
...180 day rule, thanks to IV efforts.
If you were July/Aug filer, it does not matter even if it is not cleared...
...180 day rule, thanks to IV efforts.
more...
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rockstart
01-15 08:08 AM
I have sent the letter to WH and cast vote.
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illusions
02-21 05:44 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
more...
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tnite
06-26 02:30 PM
The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
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tselva
11-10 04:31 PM
The following is my prediction....
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
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ItIsNotFunny
04-13 01:55 PM
'cause almost all India EB3 visa numbers for this year are gone.
No. In that case they mark it as "U" unavailable.
No. In that case they mark it as "U" unavailable.
syzygy
07-10 09:19 AM
Can we start this action item to have this guy kicked out of CNN ?
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
Administrator2
06-26 12:02 PM
Guys, Could we concentrate on the developing situation, please?
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
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