FBI Name Check

[RickieAndEva 0]

The U.S. immigration authorities, searching for ways to reduce a huge backlog of visa applications, have eased requirements for background checks by the FBI of immigrants seeking to become permanent United States residents, federal officials said.

If an immigrant's application for a residence visa has been waiting in the system for more than six months and the only missing piece is a name check performed by the FBI, immigration officers will be allowed to approve the application, according to a memorandum posted Monday on the Web site of the federal Citizenship and Immigration Services agency.

The memorandum states that "in the unlikely event" that the FBI name check turns up negative information about an immigrant after a residence visa has been granted, the authorities can cancel the visa and begin deportation proceedings.

http://www.iht.com/articles/2008/02/12/america/visa.php

What do you think the implications are of this news. Its sounds good to me.

[LadyJane 1]

Well, my husband's case is in AP. The waiting is really hard, especially since I thought he'd be here by now. That being said, I think it's a not a good idea they are going this.

[MsZ 6]

It sounds dangerous, at least in the case of IR1/CR1s. If the person is already in the country I would think they already did enough checks. But for someone waiting to come in _with_ a greencard, I would like them not to ease the checks for the security of the country. I want my husband here as soon as possible, but not at the risk of the general population.

Thinking about it though, how much you want to bet that this will be at the discretion of someone who will use country of origin and name to determine if a background check is really warranted. So John Smith from Ontario will get in w/o the check despite his affiliation with some kook organization and Hussain Hussain will still wait an inordinate amount of time, despite his squeeky clean record.

Edited February 13, 2008 by MsZ

[Nutty 2]

Trembling, fearful Americans!!!!!!!

What a bunch a scaredy cats!!!!!

First of all....our borders are easily crossed as it stands now. (We are not Australia - an island continent that has control our borders)...Both on the Canada and Mexico side are easily crossed if someone really wants to get across....The number of illegal aliens here working is proof of that! So all of you who are fearful of terrorists, you should be hiding in your bunkers now!!!

Secondly.....yes, let's have FBI name checks...But expedient, efficient name checks...However, if this is an IMPOSSIBLE TASK for the government...then better to not to have a crappy, third-rate system which punishes those who have paid their immigration fees and have submitted to the immigration process. This latest news is an ackowledgement by the government that their system is INEFFICIENT. People, government inefficiency is taxpayer dollars gone to waste!

Thirdly...FBI name checks can still be wrong!!!!!!!!!!!! Recently in Oregon a man sued AND WON a lawsuit because he was wrongly targeted by FBI name check as one of those involved in the bombings in Spain.

Nutty...

Husband who is AP for two months.

[LadyJane 1]

Maybe I should clarify why I don't want to see the rules changed, because I know that our borders are L-E-A-K-Y. Given my lack of confidence in the web of red tape to really do anything useful or accurate, I don't want to see anyone get falsely deported after they have settled here the states with their family. "Minute chance"??? Ha.

[Nita&Assaad 0]

Well in my case I don't think it's fair, you see my husband has a very common last name and we are always have problems because of it!!! Not fair at all!!!

[rebeccajo 14]

The FBI namecheck referenced in the memo is NOT the same check done at the consulates for a visa. It is not the same thing as AP, and it is not the same check that is done on CR1/IR1 before the immigrant enters the country.

The namecheck in the memo is the check ordered by USCIS during either adjustment of status or naturalization.

The checks done at the consulate are ordered by the State Department.

[rebeccajo 14]

Maybe I should clarify why I don't want to see the rules changed, because I know that our borders are L-E-A-K-Y. Given my lack of confidence in the web of red tape to really do anything useful or accurate, I don't want to see anyone get falsely deported after they have settled here the states with their family. "Minute chance"??? Ha.

Very minute.

Besides, what is the difference between an intending immigrant being here in the country for 2-3 years before the greencard is issued, or the card being issued and the namecheck running in the background?

Do you think that people haven't gotten 'settled' under the present method of doing business?

I can assure you they have-or at least tried to get settled. My husband waited 17 months for his greencard because of this nonsense. There are many people on VJ who have waited much longer.

At least this way, the 'naturalization' clock begins to tick while the government drags their feet getting the namecheck done. The immigrant is not punished.

[Nutty 2]

The FBI namecheck referenced in the memo is NOT the same check done at the consulates for a visa. It is not the same thing as AP, and it is not the same check that is done on CR1/IR1 before the immigrant enters the country.

The namecheck in the memo is the check ordered by USCIS during either adjustment of status or naturalization.

The checks done at the consulate are ordered by the State Department.

Which means it is even more bogus and screwed system....These a FBI name checks for people ALREADY INSIDE the USA. Who are working and paying their taxes. The ACLU of Southern California filed a class action lawsuit against Mukasey because people are not being processed in a timely fashion. Instead being forced to wait YEARS to naturalize and become a citizen.

[Donna A 4]

why didnt they come up with this 3 years ago while my husband was sitting and waiting? i think they should give him his time back from waiting so he can get on with his naturalization instead of waiting 3 more years.