neel_gump
05-12 03:20 PM
Security Checks : How and Why
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
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kirupa
01-26 01:06 AM
That is a perfectly fine way to do it, though the added overhead of wrapping your image into a button is unnecessary because the MouseLeftButtonUp event on your image is very similar to the Click event on the button.
The end result is the same in either case - your users get something you can click on!
:)
The end result is the same in either case - your users get something you can click on!
:)
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rajenk
10-08 10:33 AM
Our I-485 got approved on 10/01/2010. Yes porting PD and interfiling works. Follow the instructions in my IV blog
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Legal_In_A_Limbo
01-15 09:00 AM
please share ur experiences
please share ur experiences
please share ur experiences
more...
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shanti
08-07 10:04 AM
http://www.hooyou.com/lc/perm_eb2vseb3.html
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
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viva
01-27 07:54 PM
Any takers of my pledge?????????????????????????????????????????
more...
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satish_hello
10-13 02:11 PM
Same here i got my EAD and AP, no FP yet..
-satish
-satish
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arnet
10-24 01:16 PM
thanks janilsal for letting us know abt this program and please let us know if you receive any reply.
IV members should follow this program and ask lawmakers abt this retrogression issue if yahoo brings more lawmakers to this program.
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
IV members should follow this program and ask lawmakers abt this retrogression issue if yahoo brings more lawmakers to this program.
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
more...
world war 1 soldiers records. combat during World War I.
brasil
07-29 09:32 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
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go_guy123
01-11 05:18 AM
Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).
In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???
TN visa is now valid for 3 years (earlier it used to be for 1 year)
In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???
TN visa is now valid for 3 years (earlier it used to be for 1 year)
more...
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willigetgc?
09-24 10:33 AM
Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....
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calgirl
08-05 02:43 AM
Which number is used to call FBI?
Please post FBI calling details here..
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
Please post FBI calling details here..
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
more...
world war 1 soldiers records. Subjects: World War,
willwin
10-01 03:09 PM
Where did everyone get the 10 days estimate from??
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
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santb1975
02-14 03:45 PM
I consulted an Immigration Attorney about this last week and she said getting laid off and being unemployed while 485 approval is pending should be ok. She told me that I have to have a Job with similar Job description and the pay mentioned in the Labor Certification by the time my 485 is ready to be approved
more...
world war 1 soldiers records. World War I Background
bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
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go_guy123
12-06 09:15 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.
Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.
Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.
more...
world war 1 soldiers records. Soldiers World War I
bbenhill
10-06 05:39 PM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?
Thx
Thx
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ak_2006
04-20 02:20 PM
It's really heart breaking news.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
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s416504
02-03 09:34 AM
I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
rksaigal
10-16 07:10 PM
Wishing you all a Very Happy Diwali.
mallickarjunreddy
07-05 04:43 PM
labor Substitution ....Heloooo!!!!
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
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