Need advice! USCIS supervisor has a RAP SHEET in my name.

[desiigner 0]

I had my AOS interview cancelled and rescheduled for another date next month but I attended my initial interview date which was today July 28th, 2015. After I was told to wait, a supervisor asked me to come into his office and explained to me that my file hasn't arrived yet and my interview is scheduled for a month from now. Surprisingly he said that they received a RAP sheet from FBI and he asked if I have ever been arrested, I was shocked by that because I have never been arrested or ran into any trouble with the law, I told him "no" and he asked "Are you sure about that?" and I said "Yes" and he said "we'll clear that up when you come in for your interview". The supervisor appeared a little mean, though but my worry is that; what could this mean?? I have never been arrested and the look on his face made me feel like something was wrong. My interview is in Aug 25th. I know my brother has a criminal record and I don't know if it was a name match since we have the same unique last name.

I already have my EAD and SSN in hand but I know FBI does more than one background check.

Anybody who has gone through something similar? I'd appreciate your advice. I don't have enough money to hire an attorney right and my interview is in less than a month.

I'm trying not to stress myself.

Thanks y'all.

[Toy 18]

How Immigration Security Checks Work

To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

• 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 risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

• FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

• FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.

[khwaidee1 196]

I had my AOS interview cancelled and rescheduled for another date next month but I attended my initial interview date which was today July 28th, 2015. After I was told to wait, a supervisor asked me to come into his office and explained to me that my file hasn't arrived yet and my interview is scheduled for a month from now. Surprisingly he said that they received a RAP sheet from FBI and he asked if I have ever been arrested, I was shocked by that because I have never been arrested or ran into any trouble with the law, I told him "no" and he asked "Are you sure about that?" and I said "Yes" and he said "we'll clear that up when you come in for your interview". The supervisor appeared a little mean, though but my worry is that; what could this mean?? I have never been arrested and the look on his face made me feel like something was wrong. My interview is in Aug 25th. I know my brother has a criminal record and I don't know if it was a name match since we have the same unique last name.

I already have my EAD and SSN in hand but I know FBI does more than one background check.

Anybody who has gone through something similar? I'd appreciate your advice. I don't have enough money to hire an attorney right and my interview is in less than a month.

I'm trying not to stress myself.

Thanks y'all.

I had a friend that used his brother's ID for all kinds of stuff, traffic tickets, misdemeanor arrests, credit etc. His brother never knew about it until one day he was stopped for a petty traffic violation and found out he said several warrants out for his arrest. Needless to say brother was not happy.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[dwheels76 5,468]

I had my AOS interview cancelled and rescheduled for another date next month but I attended my initial interview date which was today July 28th, 2015. After I was told to wait, a supervisor asked me to come into his office and explained to me that my file hasn't arrived yet and my interview is scheduled for a month from now. Surprisingly he said that they received a RAP sheet from FBI and he asked if I have ever been arrested, I was shocked by that because I have never been arrested or ran into any trouble with the law, I told him "no" and he asked "Are you sure about that?" and I said "Yes" and he said "we'll clear that up when you come in for your interview". The supervisor appeared a little mean, though but my worry is that; what could this mean?? I have never been arrested and the look on his face made me feel like something was wrong. My interview is in Aug 25th. I know my brother has a criminal record and I don't know if it was a name match since we have the same unique last name.

I already have my EAD and SSN in hand but I know FBI does more than one background check.

Anybody who has gone through something similar? I'd appreciate your advice. I don't have enough money to hire an attorney right and my interview is in less than a month.

I'm trying not to stress myself.

Thanks y'all.

I would say you have your answer and you need to be talking to your brother about your identification. Ask him did he ever use your name at any given time. Seems like someone has and that is why. Hope you get it all sorted out.

[Darnell 8,478]

ya, i would bet 3 of dwheels paychecks that the brother did something with yer name.

[dwheels76 5,468]

ya, i would bet 3 of dwheels paychecks that the brother did something with yer name.

Dang 3 Darnell. Goodness. That's alot of money man.

OP you have some talking to do with brother. This can make or break your stay in US.

[Darnell 8,478]

Dang 3 Darnell. Goodness. That's alot of money man. .

Certainly enough for a nice party after a wedding, aye?

[4 the luv of Masr 14]

ya, i would bet 3 of dwheels paychecks that the brother did something with yer name.

Darnell...i always look forward to your replies. You crack me up. (no disrespect to the beneficiary..i know this isn't a funny situation).

[Toy 18]

Dang 3 Darnell. Goodness. That's alot of money man.

OP you have some talking to do with brother. This can make or break your stay in US.

What if it's not a name check but finger print check?

If it's a name check am sure they would have use the name to match the face.

For now we knowing whats in the RAP can't be determined.

[ExPatty 502]

Well your brother doesn't have your fingerprints, but heck maybe he committed a crime somewhere using something you own such as a tool and left it there and they lifted prints from it.

If you're dead serious and honest and sure that you were never arrested or avoided in shenanigans of that nature, you will just have to sort all this out and it sounds like a pain. You can get your own criminal record: https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbiIt's cheap, but no idea how long it takes to get results.

But if what USCIS says is that you were a naughty boy, no matter what pleading you do in the interview they're not going to take your word for it; you'll need to sort it out specifically with the group that told them you have this history and get your record cleared.

Talk to your brother.

[Toy 18]

Well your brother doesn't have your fingerprints, but heck maybe he committed a crime somewhere using something you own such as a tool and left it there and they lifted prints from it.

If you're dead serious and honest and sure that you were never arrested or avoided in shenanigans of that nature, you will just have to sort all this out and it sounds like a pain. You can get your own criminal record: https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbiIt's cheap, but no idea how long it takes to get results.

But if what USCIS says is that you were a naughty boy, no matter what pleading you do in the interview they're not going to take your word for it; you'll need to sort it out specifically with the group that told them you have this history and get your record cleared.

Talk to your brother.

You just answered the question perfectly well

[Adil & Jeanne 296]

Why not just contact the FBI and ask them

Seems there a mixup and I am not quite sure your brother would give an honest answer

Email the bureau

Brother can not clear this report and you need action not excuses or apologies

Edited July 29, 2015 by Adil & Jeanne

[TheCaptain 67]

Why did you decide to go to the interview even after it was cancelled and re-scheduled? What did you think they were going to do, just let you interview anyway?

[Operator 1,927]

Run a criminal records check on yourself and see what comes up.