AOS Timeline 44 days only

[rebeccajo 14]

How did USCIS mistreat your husband?

take a look at our timeline.

10 months between filing and our interview.

7 months stuck in FBI name check.

twice denied the opportunity to go to college because he was "out of status" and couldn't qualify for financial aid or student loans.

we've been unable to qualify for a mortgage.

he's been unable to work and contribute to our household income.

yet, if he'd entered illegally, he would have politicians lining up to hand him instant resident status, not to mention handing out welfare, medicaid, pell grants, in-state tuition, food stamps, section 8 housing...shall i continue??

it's ridiculous that those who follow the rules and do everything the right way spend years and thousands of dollars along the way, at all times being treated as if the ultimate goal of USCIS were to see just how miserable they could make the transition to making the US their home.

and there's not a damn thing we can do about it.

There is something that we all can do. Contact your Senators and Congressman. Annie and I are deeply commited to getting this changed. It is absolute B.S. that our government has these delays. We need to get this fixed. We are deeply offended that they allowed Annie to have the Visa and NOW they decide to take their time to do a "name check." After going through the visa process, the conditional card should come as a matter of course upon the submission of the Marriage Certificate(prvided you are married within the 90 days). The interview to remove the conditions is where everything should be thouroughly vetted for fraud. Frankly it scares me, that we could allow potential terrorists into the country under this loophole.

Please everyone, act locally to affect Globally.

John, what makes you think Annie is caught in namecheck?

We were told.

Since you were not interviewed I did not know how you could have gotten that information.

[WifeOHunkyJohn 2]

FBI Check takes a long process specially if the petitoner/benifiaciary have previous marriage , have kids , annual income is below the poverty line and if have a crime records .

Possible cause of delays too if relationship found not bonafide and suspicious .

really?

http://www.fbi.gov/hq/nationalnamecheck.htm

National Name Check Program

Records Management LogoMission: The National Name Check Program's (NNCP’s) mission is to disseminate information from FBI files in response to name check requests received from federal agencies including internal offices within the FBI; components within the legislative, judicial, and executive branches of the federal government; foreign police and intelligence agencies; and state and local law enforcement agencies within the criminal justice system.

Purpose: The NNCP has its genesis in Executive Order 10450, issued during the Eisenhower Administration. This executive order addresses personnel security issues, and mandated National Agency Checks (NACs) as part of the pre-employment vetting and background investigation process. The FBI is a primary NAC conducted on all U.S. government employees. Since September 11th, name check requests have grown, with more and more customers seeking background information from FBI files on individuals before bestowing a privilege—whether that privilege is government employment or an appointment, a security clearance, attendance at a White House function, a Green card or naturalization, admission to the bar, or a visa for the privilege of visiting our homeland. More than 70 federal and state agencies regularly request FBI name checks. In addition to serving federal, state, and local government customers, the NNCP conducts numerous name searches in direct support of the counterintelligence, counterterrorism, and homeland security efforts of the FBI.

Function: The employees of the NNCP review and analyze potential identifiable documents to determine whether a specific individual has been the subject of or mentioned in any FBI investigation(s), and if so, what (if any) relevant information may be disseminated to the requesting agency. It is important to note that the FBI does not adjudicate the final outcome, it just reports the results to the requesting agency.

Source of Data: The NNCP conducts manual and electronic searches of the FBI’s Central Records System (CRS) Universal Index (UNI). The CRS encompasses the centralized records of FBI Headquarters, field offices, and Legal Attache offices. The CRS contains all FBI investigative, administrative, personnel, and general files.

NNCP Process Step-by-Step:

* Agency/entity submission to the FBI’s NNCP. Submissions are accepted via magnetic tape, hard copy, telephone, or fax.

* Electronic “batch” submissions are searched against the UNI. The majority of the batch names are electronically returned as “no record” with 48-72 hours. A “no record” indicates that the UNI database contains no identifiable information regarding a particular individual. The UNI is searched for “main files”, files where the name of an individual is the subject of an FBI investigation, and for “reference files”, files where the name being searched is just mentioned in an investigation.

* A secondary “manual” search of residuals from the batch run identifies an additional number of names as a “no record” response.

* The remaining paper files and/or electronic files are reviewed to ensure they are germane to the name check request.

* Identifiable files are then analyzed for relevant or derogatory information that may be disseminated to the requesting agency/entity. Approximately 1 percent of the requests are determined to contain possible derogatory information. If applicable, the NNCP forwards a summary of the information to the submitting agency/entity.

Growth of the Name Check Program: Post September 11, 2001, the number of incoming name checks has increased to above pre-9/11 levels:

Incoming Name Checks:

FY 01 2,771,241 FY 02 3,288,018 FY 03 6,309,346 FY 04 3,884,467 FY 05 3,346,435

Freedom of Information and Privacy Act (FOIPA) vs. Name Check: Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a “main file” search. For a name check, “main files” and “reference files” are both checked, in addition to searching a name in a multitude of combinations.

Major Contributing Agencies: The FBI’s NNCP Section provides services to more than 70 federal, state, and local governments and entities. Although most name checks are conducted for each agency on a first-in, first-out basis, the contributing agency determines the order of resolution for priority, project, or expedite cases. The following are the major contributing agencies to the NNCP:

* U.S. Citizenship and Immigration Services – Submits name check requests on individuals applying for the following benefits: asylum, adjustment of status to legal permanent resident, naturalization, and waivers.

* Office of Personnel Management – Submits name checks requests in order to determine an individual’s suitability and eligibility in seeking employment with the federal government.

* Department of State – Submits FBI name check requests on individuals applying for visas. Not all visa matters require FBI name checks.

http://www.fbi.gov/page2/nationalnamecheck.htm

How long will it take for my name check to be completed?

The length of time it takes for a name check to be completed varies from name to name. Normally, a name is submitted by an agency, such as the United States Citizenship and Immigration Services (USCIS), on a data tape. The National Name Check Program (NNCP) receives over 62,000 name checks every week, with over 27,000 coming from USCIS on a weekly basis. When a data tape comes in, the names on the tape are electronically checked against the Federal Bureau of Investigation's Universal Index (UNI). The searches seek all instances of the individual's name appearing in both main files and reference files. A main file name is that of an individual who is, himself/herself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, conspirators, or witnesses.

The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency.

A secondary manual name search conducted within 30-60 days usually identifies additional requests as having a "No Record." The remaining name checks (usually about 10% of the name checks originally submitted) are identified as possibly being the subject of an FBI record. At that point, the FBI record must be retrieved and reviewed. If the record is available in the FBI's electronic record keeping system, it can be reviewed quickly. If not, the relevant information must be retrieved from an existing paper record. Review of this information determines whether the information is positively identified with the name check request. If the information is not identified with the request, the request is closed as a "No Record," and the requesting agency is notified as such.

The average time required to retrieve and review an FBI record for possible information related to a name check request is case specific—it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file. If a file is stored locally, an analyst will be able to obtain the file within a matter of days. If a file is located in a field office or other FBI location, the applicable information must be requested from that location. There are over 265 different FBI locations that could house information pertinent to a name check request. If a file is electronically available, an analyst will have immediate access to that file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible information related to the name check request.

Many times, the delay associated with the processing of the remaining name checks is not the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name checks, several million each year, combined with the FBI's current work on processing residual name checks from a batch of 2.7 million requests submitted by USCIS in December 2002, as compared to the NNCP's limited resources. Less than one percent of the requests are identified with a file containing possible derogatory information. If applicable, the FBI then forwards a summary of the derogatory information to the requesting agency. It is important to note that the FBI does not adjudicate the name check requests, but only provides available information to a requesting agency for its adjudication process.

How can I have my name check expedited?

The FBI tries to process its oldest name checks first. Customer agencies will occasionally request expedited handling of specific name checks. Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency. The FBI does request that the number of expedited cases be kept to a minimum in fairness to the other pending name check requests. Because each customer agency determines which name checks are expedited, contacting Congressional representatives, the FBI's Office of Congressional Affairs, or the NNCP will only further tie up vital resources and will not contribute to the expediting of a name check.

Does contacting my Congressional representative expedite my name check?

No, the customer agency determines expedited handling. The FBI's policy is to be responsive to our customer's needs given the limits of our resources. Re-prioritization from multiple sources would convolute the customer agency's ability to manage their priority cases.

Is there a fee I can pay to expedite the process?

No. Processing times are a function of the volume of work versus the resources that can be applied to the task. Paying an additional fee would not speed up the name check process.

I am aware that some name checks have been completed that were submitted to the FBI after cases that remain pending. Why are the name checks not handled in the order in which they are received?

The vast majority of name check requests are completed in less than 60 days. Of those remaining, the FBI tries to complete the oldest name checks first. The time to complete any given name check varies. There are many factors that impact processing times such as the number of files to retrieve and review, a file's location and accessibility, case status, and workload all impact processing times. Another factor that might delay the processing of a name check request on a first in/first out basis is the number of requests for expedited handling received from a customer agency.

My Freedom of Information/Privacy Act request to the FBI resulted in a "no record" response. Given that, why is my name check request still pending?

Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a "main file" search. For a name check, "main files" and "reference files" are both checked, in an effort to protect our national security, in addition to searching a name in a multitude of combinations.

Who can I call to check on the status of my name check?

The FBI will only respond to status inquiries from its customer agencies. Please contact the organization receiving your original application. In Citizenship and Immigration cases, contact USCIS for the status.

I must have missed the line that stipulates that FBI Check takes a long process specially if the petitoner/benifiaciary have previous marriage, have kids, annual income is below the poverty line and if have a crime records or, as also stated by the poster, "Possible cause of delays too if relationship found not bonafide and suspicious."

Looks to me like the reason things take a long time is because 62,000 name checks are requested every week to keep company with the 2.7 million name checks submitted by USCIS in December of 2002, and the speed of the process depends of the workload of the individual dealing with the particular casefiles, not to mention which office the corresponding information might be located in and if it is in electronic or paper format.

And just to clarify: while I applaud your startling ability to get approved in 44 days, I resent the implication that we are stuck in limbo because YOU think there's something wrong with us or our application. It's comments like that which make this process far harder on people than it needs to be. I personally have never been married before, do not have children, have no worries about being below the poverty line and also have no criminal record. I also have a bonafide marriage as do you think for one second I would be stupid enough to be writing and calling and emailing Members of the British Parliament, Members of the Scottish parliament, members of Congress or members of the Senate to help us expedite the AOS process if my marriage was a fake?

Since you were not interviewed I did not know how you could have gotten that information.

John managed to talk to a real live person within the USCIS and Homeland Security (don't remember how, but they are awsome) and they told us that the reason we have not been approved yet is because we are pending the FBI name check.

Edited November 27, 2006 by WifeOHunkyJohn

[Kez/JWolf 6]

rhiadraiss..... thank you for wishing us luck with our AOS.... for your information I have been a greencard holder for over a year....

[mychelle 1]

10/09/06 Filed AOS

10/23/06 Receipt Notice

10/24/06 ASC Appointment Notice

10/30/06 Transfer Notice (Transfer to CSC)

10/31/06 Biometrics Done

11/01/06 CSC Recieved my application

11/22/06 (CRIS)Notice mailed welcoming the new permanent resident.

11/23/06 CRIS Current Status: Card production ordered.

Total of 44 days only

I am so happy that my AOS didnt sit too long to the USCIS OFFICE and glad that I was approved without interview too .

wow! that's fast. congrats on the approval.

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

[rebeccajo 14]

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

Good Lord.

Talk about an entitlement mentality.

[mychelle 1]

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

Good Lord.

Talk about an entitlement mentality.

i call it OPTIMISM.

[rebeccajo 14]

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

Good Lord.

Talk about an entitlement mentality.

i call it OPTIMISM.

So just go ahead and do it then.

[Girona40 0]

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

Good Lord.

Talk about an entitlement mentality.

i call it OPTIMISM.

I know that in some cases AOS seems to be adjudicated pretty quickly. However, there are others that take a terribly long time. If you get an RFE of any kind or are held up by the FBI checks, you may just want to invest the $180 for the work permit. If you get the AOS approved first, you have only lost $180, but if you have to wait months for AOS to be granted, and didn't apply for an EAD, you would lose a lot more i.e. the salary you could have been earning.

Personally, I'd file for both.

[mychelle 1]

I know that in some cases AOS seems to be adjudicated pretty quickly. However, there are others that take a terribly long time. If you get an RFE of any kind or are held up by the FBI checks, you may just want to invest the $180 for the work permit. If you get the AOS approved first, you have only lost $180, but if you have to wait months for AOS to be granted, and didn't apply for an EAD, you would lose a lot more i.e. the salary you could have been earning.

Personally, I'd file for both.

i feel the same too which is why our application is already set for AOS and EAD. i just been browsing too long in the AOS forum this afternoon and seeing all those timelines got me thinking maybe filing for an EAD would just be a waste. thanks for the response.

tc!

[Trompe le Monde 1,107]

I notice you are going through the Los Angeles DO -- they process AOS pretty quick, people usually get their interviews in about 90 days (I have not seen anyone at the LA DO transferred to the CSC btw) but process EAD about a month faster -- I'm gonna guess you can earn more than $180 in a month's time.

Also, I'm sure glad we applied for it! It has been 4 months since our interview and 7 from apply for AOS and we still haven't got the green card.

Edited November 28, 2006 by robinklake

[mychelle 1]

I notice you are going through the Los Angeles DO -- they process AOS pretty quick, people usually get their interviews in about 90 days (I have not seen anyone at the LA DO transferred to the CSC btw) but process EAD about a month faster -- I'm gonna guess you can earn more than $180 in a month's time.

Also, I'm sure glad we applied for it! It has been 4 months since our interview and 7 from apply for AOS and we still haven't got the green card.

what do you mean Los Angeles DO? i hope you mean after we send it to the Chicago Lockbox, they will forward it to the LA DO...because the whole thing is going to Chicago.

good luck on your AOS!

[Trompe le Monde 1,107]

They send it to LA after you send to the Chicago lock box!

I'd think of the EAD like insurance -- you might not need it, but you'll really regret not getting it if you do

[CHICTOPIC 0]

wow! that's fast. congrats on the approval.

we are sending our AOS and EAD application tomorrow. now i'm wondering if we should apply for EAD if it is possible that the AOS will be approved first than the EAD.

is it worth $180 bucks to risk it?

I did not apply for EAD , coz once u have Green card you are eligible to work too.

Besides AOS now is faster compare last year.

[LaL 418]

Besides AOS now is faster compare last year.

for you.

Edited November 28, 2006 by lal_brandow

[CHICTOPIC 0]

rhiadraiss..... thank you for wishing us luck with our AOS.... for your information I have been a greencard holder for over a year....

And then thats good