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Filed: Timeline
Posted

i talked to the IO and she said that the computer puts ur name in queued and gives u the interview date is that true? i asked her what about the local office dates? so she said not everyones background check clears on time so they put others ahead so tell me what u think about this??????cus everyone seems to say diff things im waiting for my IL i applied in nov2007 as u all know since i bring it up so often LOL

Filed: Timeline
Posted
i talked to the IO and she said that the computer puts ur name in queued and gives u the interview date is that true? i asked her what about the local office dates? so she said not everyones background check clears on time so they put others ahead so tell me what u think about this??????cus everyone seems to say diff things im waiting for my IL i applied in nov2007 as u all know since i bring it up so often LOL

That is somewhat correct. I've heard various renditions (the applicants are queued for an interview even when the background check is still oending), but I had always thought that an applicant is not placed in queue until the background check has been cleared.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
i talked to the IO and she said that the computer puts ur name in queued and gives u the interview date is that true? i asked her what about the local office dates? so she said not everyones background check clears on time so they put others ahead so tell me what u think about this??????cus everyone seems to say diff things im waiting for my IL i applied in nov2007 as u all know since i bring it up so often LOL

That is somewhat correct. I've heard various renditions (the applicants are queued for an interview even when the background check is still oending), but I had always thought that an applicant is not placed in queue until the background check has been cleared.

This is something about background checks rather than the usual guessing on the hundreds of forums on this subject:

"Backlogs in Immigration Security Checks Causing Delays

Igbanugo Partners International Law Firm

Published 09/01/2006 - 4:14 p.m. GMT

ABOUT THE AUTHOR

Igbanugo Partners International Law Firm

Website:

http://www.igbanugolaw....

Email:

answers@igbanugolaw.com

Failures of immigration security checks were blamed for allowing some of the September 11 airplane hijackers to remain undetected in the United States to plot out their 2001 attack. The 9/11 Commission reported that all 19 hijackers had broken U.S. immigration laws and that as many as seven of them had fraudulent or manipulated passports. After 9/11, the U.S. Citizenship & Immigration Services (USCI) intensified its criminal and national security background checks on all applicants for U.S. immigration benefits, regardless of race, ethnicity, religion or national origin. The expansion of security checks and the need to properly screen each applicant have led to backlogs, causing delays in the processing of petitions and applications – sometimes by one year or longer.

Applicants must pass the background check before the USCIS can adjudicate their petition or application for an immigrant benefit. For most applicants, security checks are done in a timely manner and without incident. But for those affected by the delays, feelings of uncertainty, anxiety, and frustration are part of the adjudication process.

Why Are Security Checks Conducted?

The security checks help to identify individuals who pose a threat to the U.S.’s national security or who seek to procure immigration benefits by fraud or misrepresentation. The USCIS states that the security checks have uncovered applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking, and individuals with known links to terrorism.

How Are Security Checks Conducted?

The USCIS conducts the following three background checks on applicants for immigration benefits, but may use other types of background checks, if needed:

(1) The Interagency Border Inspection System (IBIS) Name Check – IBIS is a multi-agency effort, with a central system that combines information from multiple agencies, databases, and system interfaces to compile data relating to national security risk, public safety and other law enforcement concerns. IBIS name checks are a relatively quick way of checking information, from multiple government agencies, that affects the decision in a specific case. The results are usually available immediately, but it may take more time to follow up on information found by the IBIS check.

(2) FBI Fingerprint Check – For many applications, the FBI conducts fingerprint checks that provide information relating to criminal background within the United States. The FBI usually forwards responses to USCIS within 24 to 48 hours. If there is a record match, the FBI provides the criminal history (RAP sheet) to USCIS. The USCIS then reviews the information to see if it affects the applicant’s eligibility for benefits.

The USCIS notes that anyone with prior arrests must provide complete information and court-certified evidence of the disposition to avoid delays or denial resulting from misrepresentation about criminal history. The USCIS states that expunged or vacated convictions must also be reported. Therefore, it is important to consult an immigration attorney to determine how an arrest, charge or conviction affects your immigration status or eligibility for benefits, and what information you must disclose on an application.

(3) FBI Name Checks – The FBI Name Check is different from the fingerprint check. The name check includes a review of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to these checks generally take about two weeks.

No match is found in about 80 percent of these cases. The remaining 20 percent is usually resolved within six months, and less than one percent of these take longer than six months.

What Are the Consequences of the Delays?

While only a small percentage of applicants are affected, the sheer volume of cases means that thousands of individuals suffer from delays in security checks. The delays further add to the already long timeframes for adjudicating petitions and applications.

Moreover, the delays may undermine the very purpose of the security checks. Some applicants, such as those who have a Form I-485 Application for Adjustment of Status pending, may lawfully remain in the United States during the time it takes the USCIS to complete the checks. A background check that languishes for one year or more allows a person, who is a threat to national security, to remain in the United States for a longer time. Thus, security checks not only need to be thorough, but also timely.

Mandamus Actions in Extreme Cases

The USCIS will not grant an immigration benefit unless the security checks are complete, regardless of the length of the delays. Background checks are not complete until the FBI or other agency provides its final response to the USCIS, and the USCIS investigates or reviews the response.

The USCIS states that it is working with the FBI and other agencies to speed the security check process. Nevertheless, in extreme cases, mandamus actions in federal district court may be necessary to compel the USCIS to take action.

Recently, Herbert Igbanugo, immigration attorney at Blackwell Igbanugo P.A., filed a mandamus action with the U.S. District Court of Minnesota to compel the USCIS to adjudicate a Form N-400, Application for Naturalization, that was pending for almost two years. The USCIS claimed it could not adjudicate the Form N-400 because the applicant’s FBI name check was not completed. In May 2006, the presiding judge ordered the USCIS to resolve the naturalization application within 30 days. One month later, the applicant became a naturalized U.S. citizen.

Nothing in this article should be taken as legal advice for an individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an attorney experienced in immigration law. To contact an immigration attorney at Blackwell Igbanugo P.A., please call (952) 646-0400."

This is from:

http://www.mshale.com/article.cfm?articleID=1258

What's really ironic about this is that according to news reports, our FBI already reported suspicious activity from these terrorists to the CIA and the ball was dropped, kind of like arrogance between governmental agencies. Before and during WW II with plenty of German, Japanese, and Italian spy rings in this country, our FBI was doing a crack job of catching these bad guys, there was no CIA here at that time, that came well after WWII. And with this new agency, somehow our atomic bomb secrets got leaked out to the Soviets, another minor goof.

An important aspect of engineering that I am much more familiar with, is knowing what works and what doesn't and with product liability you can get killed by doing something that doesn't work. Seems to me that the CIA FBI relationship does not work, solution, dump the CIA and give back full authority to the FBI. But no, that is not the logical solution, the logical solution is create yet another agency, the DHS to get these two agencies to work together, hey and while we are at it, let's toss in the once efficient INS into this pot of worms.

So because of a goof between two agencies that turned into three agencies only involving seven our of 300 million people, the rest of us are paying the price. But what choices did we have? Selecting a president on the basis of who would you rather have a beer with as a major criteria? An opponent that is not even a scientist but claims to know all about the environment? Or worse yet, a blood brother that took a vow in that crazy skull society to protect his fellow blood brother as an opponent?

And we wonder why we have a mess. Talk about background checks, should definitely start from the top and not all that useless trivial ####### we hear about night after night, but then our FCC was corrupted by Reagan where foreigners can own our airways.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
what im saying is that why is it that they all give u diff info? an what bugs and annoys me is that people who filed even in march2008 r citizens now do u believe this?

We filed in March, and not a word, update, or even touching our case. Could be the DHS, CIA, FBI, ATF, DEA, USSS, USMS. and the GSA, that's the Girl Scouts of America are all doing background checks on us.

Filed: Timeline
Posted
what im saying is that why is it that they all give u diff info? an what bugs and annoys me is that people who filed even in march2008 r citizens now do u believe this?

We filed in March, and not a word, update, or even touching our case. Could be the DHS, CIA, FBI, ATF, DEA, USSS, USMS. and the GSA, that's the Girl Scouts of America are all doing background checks on us.

my background check cleared 3 months ago i am all clear so what r they waiting for an invitation actually im waiting for the interview invitation letter for heavens sake..

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
what im saying is that why is it that they all give u diff info? an what bugs and annoys me is that people who filed even in march2008 r citizens now do u believe this?

We filed in March, and not a word, update, or even touching our case. Could be the DHS, CIA, FBI, ATF, DEA, USSS, USMS. and the GSA, that's the Girl Scouts of America are all doing background checks on us.

Think what that Herbert Igbanugo guy above is saying, is that the USCIS is disorganized, and his law firm filing a lawsuit in MN is very close to home. Just not seeing these crowds at my local field offices and bet they would really be empty if people were not making infopass appointments to try and learn about the delays that is more than likely causing even more delays.

I don't know what to say, except, thank God, they don't make us wait in a long line like the airlines do.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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