AOS interview successful, but waiting for FBI name check

[rebeccajo 14]

I know it's not nice to wait for things - I've seen people waiting and waiting for government benefits in the past. By abilities, I mean that there are a lot of people out there that for one reason or another have difficulty just completing their immigration forms, let alone dealing with any issues that may come up during the process.

I'm not sure what this means, so I'm going to try and cut through it and ask you if I'm getting the meaning here.

It sounds to me like you are saying that you've got more intelligence than a lot of people, or experience, and that if one of these 'hiccups' happen to you it won't bother you?

If that's not what you meant then I apologize in advance.

I'll try to explain what I mean. There are a lot of people who can't complete there forms for various reasons - anyone who has worked in a service agency or dealt with the public probably knows what I mean. I suppose I am saying that I feel glad that I was able to complete my forms. I've seen lots and lots of people fall through cracks and NOT get benefits that they are entitled to, because they couldn't complete the process. If my own application process is very delayed, I'll do my best to deal with them. I'm sure some issues with upset me. I've already had my own glitches and have done what I can. That's all I can do. It doesn't bother to see people who have an easy process. It won't bother me even if my green card takes years and years. Their process is their process and mine is mine.

Well, in my process I know there was no problem with completion of forms. I'm sure that there was no problem with lal_brandow's forms, nor with dani's. I think I can say the same for robinlake, although I don't know her quite as well personally as I do the other two women. My point here is that properly completing forms and following rules doesn't always help.

I guess it's healthy for you to not be bothered if your process takes ages. I've spoken before about how for my husband, I feel it's very important for him to have no restrictions upon his life here in this country. That he have freedom of movement in and out of the country, freedom to apply for colleges and universities, freedom to apply for any type of job without a myriad of questions, freedom to participate (eventually) in the electoral process of the land he has chosen to live in, and the knowledge that he is paying taxes into a government who at least recognizes him as a productive member of society with full rights and privileges of those born here.

From a practical standpoint, I have other concerns. Employers look for the 'greencard', not an EAD. After a protracted period of time without the traditional greencard, I fear employers will look upon him as undocumented. Even if they are able to grasp that he is a documented resident of this country, his explanation for why he has not been given PR status sounds less than palatable to most citizens. Telling someone you don't have your greencard because your security clearance is undone doesn't exactly give suspicious Americans a warm and cuddly feeling.

I've also spoken here about how I feel deeply responsible for seeing to it that my husband's status is adjusted. In London, the CO reminded me to make sure I took my husband to get a social security number, and also to adjust his status. The CBP officer in Dublin also admonished me to not allow him to remain in the country as an unadjusted person.

I think quarreling about VWP adjusters is pointless. It happens. I personally don't see that their adjustment bar is set any differently than those who adjust from a visa. I do think it's patently unfair that citizens of other nations don't have that same option. They don't even have the option of visiting one another properly unless the USC has the resources to travel frequently and maintain a base in the US without fear of funds being depleted. Those with SO's in non-VWP nations either have a relationship thousands of miles apart or they take the leap of marriage to be together.

Those of us with SO's from VWP countries, who applied for fiance or spousal visas, can't help but wonder why we bothered when we see the result of others who didn't muddle their lives with the same process. I don't think it's unreasonable for anyone, VWP connected or not, to ask the US government for some modicum of consideration given the fact that we did follow all the channels that are supposedly proper. If one looks at it from that perspective, you can perhaps understand our disapointment in the fact that the system is not serving us in the manner that it should.

Edited December 10, 2006 by rebeccajo

[Killer_Clown_2009 0]

I don't care how long someone needs to wait. In my book it is not ok to come in here and make incorrect comments and some down right offensive comments about those who are or who have adjusted status from a tourist visa. If you put out that kind of prejudice in a forum where many people are or have been adjusting status from a tourist visa - then expect some opposition. I am no less of an immigrant than anyone who adjusted status from a K1 or K3.

[Trompe le Monde 1,107]

If the worst thing you have to experience is "prejudice" in an internet forum whilst going through this process well aren't you lucky? For the record, I don't really care about tourist adjusters -- damn, we wish were among them -- we could have shaved 9 months off our timeline, saved at least $1500 and I bet we would have got away with it.

And, I'm sorry, I'm not buying "same scrutiny" unless you can provide scientific evidence of what those security checks in the home country entail. My experience of getting a police report was that in the UK was it took almost 8 weeks, so the idea that a UK applicant approved for a green card in 12 weeks adjusting as a tourist (and has not supplied the police report as part of the original application) has had a security check that includes that information -- well, color me incredibly dubious.

I don't expect everything to be completely "fair" and I've long since stopped trying to apply logic to anything the USCIS does, but don't tell me that all applicants are treated the same. THey simply aren't.

[rebeccajo 14]

My experience of getting a police report was that in the UK was it took almost 8 weeks, so the idea that a UK applicant approved for a green card in 12 weeks adjusting as a tourist (and has not supplied the police report as part of the original application) has had a security check that includes that information -- well, color me incredibly dubious.

robinlake....would it be unreasonable to assume that two friendly governments from modern nations should be able to exchange information more quickly than we as citizens might be able to obtain the same information?

[Trompe le Monde 1,107]

Yes Rebecca, it is.

And likewise, even though our police report took longer than it should have, I would expect a check on whether or not an applicant might have terrorist sympathies from 2 countries would take ohhh, less than a couple minutes.

THe fact it can take years is, quite frankly, really frightening.

[rebeccajo 14]

Yes Rebecca, it is.

And likewise, even though our police report took longer than it should have, I would expect a check on whether or not an applicant might have terrorist sympathies from 2 countries would take ohhh, less than a couple minutes.

THe fact it can take years is, quite frankly, really frightening.

I agree. That's why in my estimation somebody is not doing their job, and an attitude of 'it doesn't matter' is not one I'm willing to adopt. Writ of Mandamus itself translates to 'do what you are compelled to do' and that's why they are granted. When you pay for something you have a right to have some sort of result. While immigrating isn't like buying a can of beans, at least with a can of beans you can peer inside and see what everybody else is looking at.

[Killer_Clown_2009 0]

About Interpol

Interpol is the world’s largest international police organization, with 186 member countries. Created in 1923, it facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.

Interpol aims to facilitate international police co-operation even where diplomatic relations do not exist between particular countries. Action is taken within the limits of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. Interpol’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’

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I'm betting with its instant access to records via interpol, that US immigration can pull up the information provided on most people's police checks in a matter of seconds.

Edited December 10, 2006 by jane2005

[rebeccajo 14]

About Interpol

Interpol is the world’s largest international police organization, with 186 member countries. Created in 1923, it facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.

Interpol aims to facilitate international police co-operation even where diplomatic relations do not exist between particular countries. Action is taken within the limits of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. Interpol’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’

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I'm betting with its instant access to records via interpol, that US immigration can pull up the information provided on most people's police checks in a matter of seconds.

So why do people get stuck?

[Girona40 0]

"I don't think it's unreasonable for anyone, VWP connected or not, to ask the US government for some modicum of consideration given the fact that we did follow all the channels that are supposedly proper. If one looks at it from that perspective, you can perhaps understand our disapointment in the fact that the system is not serving us in the manner that it should."

Amen, Rebecca, Amen!

The "system" is not serving us as it should and I want to heave every time I hear it referred to as a "Service". We are paying thousands of dollars and getting no "service" at all, just a lot of grief, hardship and difficulty. I can't believe that you are still waiting and I truly hope it won't be much longer for you.

Hugs

G.

[Killer_Clown_2009 0]

I don't know why it takes the FBI so long to investigate these "hits" that they get from certain people.

It takes a ridiculously long time, especially considering that the reason these checks are so complete

is to ensure public safety.

[dani_christine 0]

Ummmm Dani

People who adjust from a tourist visa can get stuck in name check too.

I understand that you are angry and hostile towards this group.

I'm not "invalidating" anyone who is stuck in namechecks feelings.

But I won't sit here and let you or anyone else say that:

A. people who adjust from a tourist visa are not subject to the same scrutiny as those from K1/3

B. people who adjust from tourist visa are liars and frauds

Have a nice day.

[Trompe le Monde 1,107]

I'm betting with its instant access to records via interpol, that US immigration can pull up the information provided on most people's police checks in a matter of seconds.

Oh I bet they can -- when I went to Italy I noticed an Interpol screen came up when the Immigration Officer scanned my passport. In less than 30 seconds they found out I was good and into the mean streets of Naples I went.

But do you think Interpol collect information about the person who got caught with 2 ecstasy tablets and some hash? Or information about someone who got into a fist fight in a pub that left someone injured? Or someone who has a habit of lifting expensive handbags from Harvey Nichols? I'm going to guess no or I don't think Interpol are using their time in the most effective way by tracking relatively petty offenses, though all of these things would likely require a waiver in US immigration.

[rebeccajo 14]

I'm betting with its instant access to records via interpol, that US immigration can pull up the information provided on most people's police checks in a matter of seconds.

Oh I bet they can -- when I went to Italy I noticed an Interpol screen came up when the Immigration Officer scanned my passport. In less than 30 seconds they found out I was good and into the mean streets of Naples I went.

We don't know for a fact that during AOS, Interpol is used. It makes sense that it would be, but we don't know it for a fact.

The only organized database that I am aware of from whom USCIS collects international criminal data is IBIS, whose function remains somewhat enigmatic to me. IBIS lists contain known terrorist persons and those persons who are known to be national threats - and by the term "Border" in their title I presume it lists persons known to have committed infractions when attempting to cross borders (ie passport fraud, etc). Beyond that we don't really know what IBIS checks.

That's why I've asked for those posters who claim they have been told international checks are done to please expound on that information. I'm not insisting that I am correct - I'm only looking for knowledge. All USCIS memos and policy I have seen regarding security clearance makes no mention of international security clearance other than IBIS.

It does not make good sense that the simple criminal records of an immigrant would not be verified during AOS, but somebody needs to show us where it's stated that it's done.

Edited December 11, 2006 by rebeccajo

[Trompe le Monde 1,107]

I just don't believe a standard check of one's police record looking through the records in each constabulary one has lived in the UK -- what we had to do for a K visa -- is done for AOS, at least for UK applicants.

I don't know this for certain, but my friend's husband, who has a very senior position in one of the larger constabularies, has lead me to believe this is probably not the case.

[Dr_LHA 3]

I just don't believe a standard check of one's police record looking through the records in each constabulary one has lived in the UK -- what we had to do for a K visa -- is done for AOS, at least for UK applicants.

I believe K visa applicants are probably one of the few that have to do this. I've held many types of US visas in the past 15 years, and never once was I required to get police background checks done in the UK before getting them.