FBI BACKGROUND CHECK

[rebeccajo 14]

http://criminal.lawyers.com/Criminal-Law--...nt-FAQ.html#one

A: Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case. But the records may not completely "disappear" and may still be available to law enforcement.

The "may" in these statments is general and it is used to avoid providing all potential circumstances where the record "may not" disappear. One of them "IS" not "may be" the USCIS ordered background check associated with a US Citizen's petition for a relative or fiance(e).

And that is the truth. So says Pushbrk. Beware those who doubt.

[pushbrk 12,614]

http://criminal.lawyers.com/Criminal-Law--...nt-FAQ.html#one

A: Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case. But the records may not completely "disappear" and may still be available to law enforcement.

The "may" in these statments is general and it is used to avoid providing all potential circumstances where the record "may not" disappear. One of them "IS" not "may be" the USCIS ordered background check associated with a US Citizen's petition for a relative or fiance(e).

And that is the truth. So says Pushbrk. Beware those who doubt.

I doubt the OP or anybody else who cares about answers to immigration related questions gives a hoot who provides the correct answer OR cares who cares about it or why.

[Mags 112]

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

[pushbrk 12,614]

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

I'm not sure why Becca wishes to continue arguing that an expunged conviction might not show up in an FBI background check when it will or why she cares who provides the correct answers to questions here, or for that matter why you're asking this question when the thread died two days ago.

I'm continued to provide evidence that expunged convictions definitely show up in FBI background checks ordered by USCIS, because it's true and Becca was asserting it might not be true.

Does that answer your question? Does this additional interchange make anything less confusing for the OP?

[rebeccajo 14]

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

I'm not sure why Becca wishes to continue arguing that an expunged conviction might not show up in an FBI background check when it will or why she cares who provides the correct answers to questions here, or for that matter why you're asking this question when the thread died two days ago.

I'm continued to provide evidence that expunged convictions definitely show up in FBI background checks ordered by USCIS, because it's true and Becca was asserting it might not be true.

Does that answer your question? Does this additional interchange make anything less confusing for the OP?

I don't concur that the point was proven.

I've also since learned that it's pointless, since it's an IBIS check that will be run on the petitioner, and not an FBI background check.

[pushbrk 12,614]

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

I'm not sure why Becca wishes to continue arguing that an expunged conviction might not show up in an FBI background check when it will or why she cares who provides the correct answers to questions here, or for that matter why you're asking this question when the thread died two days ago.

I'm continued to provide evidence that expunged convictions definitely show up in FBI background checks ordered by USCIS, because it's true and Becca was asserting it might not be true.

Does that answer your question? Does this additional interchange make anything less confusing for the OP?

I don't concur that the point was proven.

I've also since learned that it's pointless, since it's an IBIS check that will be run on the petitioner, and not an FBI background check.

Really? From my read IBIS is primarily for the beneficiary/applicant, not he petitioner but it includes querying the FBI database anyway.

• Interagency Border Inspection System name checks (IBIS).

Managed by CBP, IBIS is a database of lookouts, wants, warrants,

arrests, and convictions consolidated from over 20 agencies. A

complete IBIS query also includes a concurrent check of selected files

in the Federal Bureau of Investigation’s (FBI) National Criminal

Information Center. USCIS began conducting automated, name-based

queries of IBIS for all USCIS applications in 2002. With an average

of 3.7 names per application to check,4 USCIS conducted over 27

million IBIS checks in FY 2004.

[rebeccajo 14]

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

I'm not sure why Becca wishes to continue arguing that an expunged conviction might not show up in an FBI background check when it will or why she cares who provides the correct answers to questions here, or for that matter why you're asking this question when the thread died two days ago.

I'm continued to provide evidence that expunged convictions definitely show up in FBI background checks ordered by USCIS, because it's true and Becca was asserting it might not be true.

Does that answer your question? Does this additional interchange make anything less confusing for the OP?

I don't concur that the point was proven.

I've also since learned that it's pointless, since it's an IBIS check that will be run on the petitioner, and not an FBI background check.

Really? From my read IBIS is primarily for the beneficiary/applicant, not he petitioner but it includes querying the FBI database anyway.

• Interagency Border Inspection System name checks (IBIS).

Managed by CBP, IBIS is a database of lookouts, wants, warrants,

arrests, and convictions consolidated from over 20 agencies. A

complete IBIS query also includes a concurrent check of selected files

in the Federal Bureau of Investigation’s (FBI) National Criminal

Information Center. USCIS began conducting automated, name-based

queries of IBIS for all USCIS applications in 2002. With an average

of 3.7 names per application to check,4 USCIS conducted over 27

million IBIS checks in FY 2004.

Google the Adam Walsh Act.

[Hell0W0rld 10]

to end the debate, just call the FBI and or USCIS to confirm this information? i'm pretty sure the FBI has a hotline somewhere...

[pushbrk 12,614]

to end the debate, just call the FBI and or USCIS to confirm this information? i'm pretty sure the FBI has a hotline somewhere...

This is the official document addressing privacy issues related to USCIS background checking for petitioners and beneficiaries. Read to your heart's content. http://www.dhs.gov/xlibrary/assets/privacy...a_uscis_bcs.pdf

The information in BCS also includes the results of the FBI Fingerprint Check, FBI Name Check and TECS/IBIS Name Check. Specifically, the FBI Fingerprints Check result contains the criminal arrest record (RAP sheet) of the applicant/petitioner if one exists. If one does not exist, the FBI will provide us a response indicating that there was not a match on the 10 prints submitted. The FBI Name Check result contains the information relating to the file the FBI has on the applicant/petitioner if one exists. If there is no match, the FBI will provide us a response indicating that there was not a match on the name submitted. The TECS/IBIS Name Check result contains the information relating to the file in TECS/IBIS if one exists. If there is no TECS/IBIS match, a response will be provided indicating that there was not a match on the name submitted.

Then why continue to argue the point?

Just asking. Mainly because it makes the thread pretty complicated for the OP.

I'm not sure why Becca wishes to continue arguing that an expunged conviction might not show up in an FBI background check when it will or why she cares who provides the correct answers to questions here, or for that matter why you're asking this question when the thread died two days ago.

I'm continued to provide evidence that expunged convictions definitely show up in FBI background checks ordered by USCIS, because it's true and Becca was asserting it might not be true.

Does that answer your question? Does this additional interchange make anything less confusing for the OP?

I don't concur that the point was proven.

I've also since learned that it's pointless, since it's an IBIS check that will be run on the petitioner, and not an FBI background check.

Really? From my read IBIS is primarily for the beneficiary/applicant, not he petitioner but it includes querying the FBI database anyway.

• Interagency Border Inspection System name checks (IBIS).

Managed by CBP, IBIS is a database of lookouts, wants, warrants,

arrests, and convictions consolidated from over 20 agencies. A

complete IBIS query also includes a concurrent check of selected files

in the Federal Bureau of Investigation’s (FBI) National Criminal

Information Center. USCIS began conducting automated, name-based

queries of IBIS for all USCIS applications in 2002. With an average

of 3.7 names per application to check,4 USCIS conducted over 27

million IBIS checks in FY 2004.

Google the Adam Walsh Act.

Why?

Edited December 29, 2008 by pushbrk

[rebeccajo 14]

Why?

Because research matters?

[pushbrk 12,614]

Why?

Because research matters?

We are in agreement on how AWA impacts petition approval. If you have a purpose in mind that has something to do with the subject at hand, please indicate it. If not, I'll research what and when I please. Thank you very much.

[rebeccajo 14]

Why?

Because research matters?

We are in agreement on how AWA impacts petition approval. If you have a purpose in mind that has something to do with the subject at hand, please indicate it. If not, I'll research what and when I please. Thank you very much.

*sigh*

All I'm trying to do is point you in another direction. You may forget that my husband spent 17 months in greencard limbo because of his security check. During that time I learned a lot about the process and where to look. The links you put up today have little to do with visa petitioners, and everything to do with status adjustees and applicants for naturaliziation.

You know what - I just really don't care anymore. I don't care that you feel you are right and I don't care that there's nothing I can say to you or show you which would have value.

Edited December 29, 2008 by rebeccajo

[pushbrk 12,614]

Why?

Because research matters?

We are in agreement on how AWA impacts petition approval. If you have a purpose in mind that has something to do with the subject at hand, please indicate it. If not, I'll research what and when I please. Thank you very much.

*sigh*

All I'm trying to do is point you in another direction. You may forget that my husband spent 17 months in greencard limbo because of his security check. During that time I learned a lot about the process and where to look. The links you put up today have little to do with visa petitioners, and everything to do with status adjustees and applicants for naturaliziation.

Everything AWA has to do with this thread has already been discussed, at least to my knowledge. If you have something to add to the current thread, by all means add it. Otherwise, it's hardly your job to "point me in another direction".

The FBI checks will show the petitioners expunged felonies but unless they are AWA related, they will not impact petition approval.

The links mention both petitioners and applicants but yes the checks on applicants are more extensive in scope and impact than those done on the USC Petitioner.

[rebeccajo 14]

Why?

Because research matters?

We are in agreement on how AWA impacts petition approval. If you have a purpose in mind that has something to do with the subject at hand, please indicate it. If not, I'll research what and when I please. Thank you very much.

*sigh*

All I'm trying to do is point you in another direction. You may forget that my husband spent 17 months in greencard limbo because of his security check. During that time I learned a lot about the process and where to look. The links you put up today have little to do with visa petitioners, and everything to do with status adjustees and applicants for naturaliziation.

Everything AWA has to do with this thread has already been discussed, at least to my knowledge. If you have something to add to the current thread, by all means add it. Otherwise, it's hardly your job to "point me in another direction".

The FBI checks will show the petitioners expunged felonies but unless they are AWA related, they will not impact petition approval.

The links mention both petitioners and applicants but yes the checks on applicants are more extensive in scope and impact than those done on the USC Petitioner.

Let me ask you a question.

In large part your argument rests on the theory that law enforcement has access to expunged records.

Is USCIS law enforcement?

Your contention is that your buddies at the FBI can still see the expunged conviction. Fine. They likely can. They are law enforcement. But if the FBI has complied and expunged the conviction (as I have indicated they will do) then that means in any report compiled for a customer (USCIS is the customer of the FBI) said report will NOT contain that information. The customer is NOT law enforcement.

I suppose it doesn't hurt to mention that not just any crime can be expunged. It also doesn't hurt to mention that if the FBI elects NOT to comply and and show the conviction, it does not idly do so. The nature of the crime and national security will dictate their decision.

Now...

Insofar as what type of check is run on petitioners, I've done your research for you. Sorry to say that I can't cut and paste it for you. You'll have to knuckle down and read.

Refer to this link and scroll down to the policy memoranda for February 2007. You'll find what you need to know on Pages 2 and 3.

http://www.uscis.gov/portal/site/uscis/men...mp;reqPageNum=2

[pushbrk 12,614]

Why?

Because research matters?

We are in agreement on how AWA impacts petition approval. If you have a purpose in mind that has something to do with the subject at hand, please indicate it. If not, I'll research what and when I please. Thank you very much.

*sigh*

All I'm trying to do is point you in another direction. You may forget that my husband spent 17 months in greencard limbo because of his security check. During that time I learned a lot about the process and where to look. The links you put up today have little to do with visa petitioners, and everything to do with status adjustees and applicants for naturaliziation.

Everything AWA has to do with this thread has already been discussed, at least to my knowledge. If you have something to add to the current thread, by all means add it. Otherwise, it's hardly your job to "point me in another direction".

The FBI checks will show the petitioners expunged felonies but unless they are AWA related, they will not impact petition approval.

The links mention both petitioners and applicants but yes the checks on applicants are more extensive in scope and impact than those done on the USC Petitioner.

Let me ask you a question.

In large part your argument rests on the theory that law enforcement has access to expunged records.

Is USCIS law enforcement?

Your contention is that your buddies at the FBI can still see the expunged conviction. Fine. They likely can. They are law enforcement. But if the FBI has complied and expunged the conviction (as I have indicated they will do) then that means in any report compiled for a customer (USCIS is the customer of the FBI) said report will NOT contain that information. The customer is NOT law enforcement.

I suppose it doesn't hurt to mention that not just any crime can be expunged. It also doesn't hurt to mention that if the FBI elects NOT to comply and and show the conviction, it does not idly do so. The nature of the crime and national security will dictate their decision.

Now...

Insofar as what type of check is run on petitioners, I've done your research for you. Sorry to say that I can't cut and paste it for you. You'll have to knuckle down and read.

Refer to this link and scroll down to the policy memoranda for February 2007. You'll find what you need to know on Pages 2 and 3.

http://www.uscis.gov/portal/site/uscis/men...mp;reqPageNum=2

I've read the memo before. Again, if you have something to add to the discussion, add it. I'm not playing games.

USCIS is part of DHS as is ICE. ICE is law enforcement. More to the point IBIS checks include FBI reports along with other reports from multiple law enforcement agencies. As such, USCIS adjudicators have access to the same information law enforcement agencies have access to. I've already given the reference for security checks for immigration purposes are exceptions to expungement policies. Maybe you'd care to actually read those.

A USCIS adjudicator will see what law enforcement sees. That's what IBS and BCS are for.