AOS interview successful, but waiting for FBI name check

[journeyhelper 0]

We are having a bad day today. We were told all that was needed was his biometrics again, which were done 3 weeks ago. Today we have received a letter asking for additonal proof of marriage, this was provided at the interview and before. That is not a problem but how long will this be delayed again..........this is so ridiculious!

[Donna A 4]

wow. it seams they are just giving u a run around now.

[Basab 1]

Joining the list....Today we had our interview....Its approved with background check pending Atleast I am happy that it was approved and I already have an EAD....

Can someone tell me whether this 2 year window starts from day of interview OR from the day the background check is done ?

I mean my interview was today August 7th 2007 and was approved pending name check.....So when I will get my green card will it be expiring 2 years from today (Aug 7th ) or 2 years from when the fbi completes it ?

[Donna A 4]

Joining the list....Today we had our interview....Its approved with background check pending Atleast I am happy that it was approved and I already have an EAD....

Can someone tell me whether this 2 year window starts from day of interview OR from the day the background check is done ?

I mean my interview was today August 7th 2007 and was approved pending name check.....So when I will get my green card will it be expiring 2 years from today (Aug 7th ) or 2 years from when the fbi completes it ?

im not 100% sure so someone will have to correct me if im wrong but its 2 years from the date they approve it. i dont think its approved until the fbi approves it but since ive been waiting so long i am not sure. hopefully someone like rebecca jo can come along and answer or someone who was just approved recently.

Edited August 8, 2007 by donnaal

[LaL 418]

Joining the list....Today we had our interview....Its approved with background check pending Atleast I am happy that it was approved and I already have an EAD....

Can someone tell me whether this 2 year window starts from day of interview OR from the day the background check is done ?

I mean my interview was today August 7th 2007 and was approved pending name check.....So when I will get my green card will it be expiring 2 years from today (Aug 7th ) or 2 years from when the fbi completes it ?

Its a misnomer that anyone is "approved pending FBI check"... you are not approved until the namcheck is cleared (you only passed the interview). Your greencard should have the date you are completely processed and approved which will not be backdated to your interview date.

[Empress of Groovy 373]

Hi, Basab. Welcome to the name check zone!

Laura, I think that a lot of people use the phrase "approved pending name check"--I know I'm guilty of it--because that's often the language used by the adjudication officer at the interview. In fact, I vividly remember ours saying, "I'm approving you, but [shaking his head in annoyance] you won't receive the green card until the checks are complete." I do remember that our AO seemed genuinely annoyed that the name check was still pending. I think he'd seen that situation before. Maybe he knew we were in for a long wait.

Basab, the question about the conditional status for two years isn't as straightforward as it should be. The quick answer is that it's two years from the date on the green card, which, as we've learned, can be months or years from the interview date. I'm sure that someone will correct me if I'm wrong, but I think that if the name check takes a really long time and finally clears after you've been married for two years (regardless of when you applied for AOS, but most people apply pretty soon after getting married), you get a 10-year card and don't need to worry about lifting conditions. However, if you do get stuck in name check and finally get your green card, say, 22 months after you got married and 16 months after your interview, you still need to apply to remove conditions 21 months later. Of course, this means that you will have been married for well over three years by the time you apply to lift conditions. How CIS would handle this situation should the couple separate, I don't know.

May you have a short wait!

Julie

[Basab 1]

Will they do this same background check again at the time of lifting conditions or citizenship ?

[Donna A 4]

dont know if they do it for lifting of conditions but they do it again for citizenship.

[designermedusa 0]

Basab,

My husband's AOS interview was in September 2005, but the name check was not completed, his greencard was approved in March 2006. To lift conditions they used the greencard approval of March 2006, so we can lift conditions beginning in December 2007.

Continued support for all still waiting.

[LaL 418]

Hi, Basab. Welcome to the name check zone!

Laura, I think that a lot of people use the phrase "approved pending name check"--I know I'm guilty of it--because that's often the language used by the adjudication officer at the interview. In fact, I vividly remember ours saying, "I'm approving you, but [shaking his head in annoyance] you won't receive the green card until the checks are complete." I do remember that our AO seemed genuinely annoyed that the name check was still pending. I think he'd seen that situation before. Maybe he knew we were in for a long wait.

Most people *do* refer to it as approved pending namecheck. Its just my preference to call it what it is ~ pending. My husband still has no status and we keep paying for interim benefits. I see nothing special about our cases since now we are just waiting like CSC transferee's to have our files adjudicated and greencard produced. It's tiring and for me the adjudicating officer calling this an "approval" can stuff it.

[Empress of Groovy 373]

It's tiring and for me the adjudicating officer calling this an "approval" can stuff it.

Ha! Good point.

I think we're splitting hairs here, though. It's understandable that those of us who have had an interview feel as if we've moved one step closer to Approval (with a capital A) when in reality, we could be waiting indefinitely. It also looks like a lot of people are being approved without an interview at all. But there are so few comforts in this process, I guess we need to grasp whatever encouragement we can, like knowing that the AO said "I've approved you" and that those words were recorded. Er, at least we were told we were all being recorded.

[Basab 1]

This really sucks !! Since I am already in the US how the heck are they gonna stop me from a commiting a crime even if I have a criminal background? Whats the purpose of this stupid name check since I am living here in the US already....These things in my opinion are just stuffs done by the fbi randomly to show that they are not sleeping in their office....Those unlucky ones getting selected have to pay the price

[John & Annie 0]

This really sucks !! Since I am already in the US how the heck are they gonna stop me from a commiting a crime even if I have a criminal background? Whats the purpose of this stupid name check since I am living here in the US already....These things in my opinion are just stuffs done by the fbi randomly to show that they are not sleeping in their office....Those unlucky ones getting selected have to pay the price

They will not stop you from committing a crime, but if you do, you will be denied adjustment and be deported.

Oh and by the way, it is an international check, so if you have a record with a 'friendly' nation, you will be denied and deported.

Good luck on your process

Edited August 8, 2007 by John & Annie

[WifeOHunkyJohn 2]

This really sucks !! Since I am already in the US how the heck are they gonna stop me from a commiting a crime even if I have a criminal background? Whats the purpose of this stupid name check since I am living here in the US already....These things in my opinion are just stuffs done by the fbi randomly to show that they are not sleeping in their office....Those unlucky ones getting selected have to pay the price

All applicants going through the AOS process have their names submitted for an FBI Name Check - it has nothing to do with being randomly selected or being victimized or picked on or whatever. It is a mandatory requirement for anyone seeking an immigrant benefit, and a Green Card is considered a benefit.

All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. [source]

From the same above source, it goes on to say...

USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like.

On the FBI's own website [here] it states the same: Those seeking AOS go through the FBI name check.

Major Contributing Agencies...:

* 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.

So even if it might *feel* personal... it isn't.

[Empress of Groovy 373]

This really sucks !! Since I am already in the US how the heck are they gonna stop me from a commiting a crime even if I have a criminal background? Whats the purpose of this stupid name check since I am living here in the US already....These things in my opinion are just stuffs done by the fbi randomly to show that they are not sleeping in their office....Those unlucky ones getting selected have to pay the price

Indeed. It makes no sense at all--at least in the way the background checks are being done currently--and it clearly is not contributing to "security." It's even more ridiculous when you consider that people who got their green cards years ago (before the current FBI background check was performed routinely) and who have been living in the U.S. legally--for decades, in some cases--have their naturalization applications held up for the same reason. The naturalization delays tend to get more press than the green card delays, but the process is the same.