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Immigration Daily December 4, 2007
Previous Issues
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Comment

FBI Name Checks Latest

Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:

Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Deadline Is Tuesday, December 4th For What Happens After Filing the Form 9089

The curriculum for the December 6th phone seminar in the "PERM From A To Z" series is as follows:

  • Business necessity documentation When do I need it and what do I need?
  • What other documentation should be assembled and ready?
  • How do the new regulations affect the approved PERM?
  • Why would I want to appeal?
  • What must I do, in advance, to make the I-140 approvable?
  • Is it that true that more audits are being issued and what are they about?
The deadline to sign up is Tuesday, December 4th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/october2007.shtm. (Fax version: http://www.ilw.com/seminars/october2007.pdf).


Article

I-9 Compliance And Missouri State-Assisted Housing Construction - A Brave New World Of Regulation
Anthony E. Weigel writes "The I-9 policy places a whole host of additional requirements on developers, general contractors and subcontractors, above, beyond and in conflict with the Federal government's I-9 requirements, detailed in the Immigration and Reform Control Act of 1986 ("IRCA")."

Bloggings: December 4, 2007
Chris Musillo of the Hammond Law Group shares the latest entries to his firm's blog.

To submit an Article for consideration, write to editor@ilw.com.


News

USCIS On FBI Name Check Delays
USCIS in a statement on the FBI name check delays stated, " ... We have examined the existing name check system and acted to address the problem through two strategies."


Classifieds

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PERM Services
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Credential Evaluation
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comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Book
Voices of the Heart: Asian American Women on Immigration, Work, and Family By Huping Ling. Truman State University Press, 424 pp. Paperback, ISBN: 1931112681, $34.90. http://www.amazon.com/exec/obidos/ASIN/1931112681/.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Responding to ID's 11/30/07 comment, USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

Bill Wright, USCIS Office of Communications spokesman

Dear Editor:
Why does Immigration Daily not distribute its content via RSS? I use RSS for all of my other subscriptions and prefer it.

Scott Mossman, Esq.
Oakland, CA

Editor's note: Immigration Daily headlines are available in RSS format. To learn more, see here. Receive Immigration Daily in a format other than the email version via xml feed in a RSS Reader. For the xml feed, see here. If any reader experiences difficulty with our RSS feeds, please let us know.

Dear Editor:
Do you have any update on the FBI Name Check Delay (11/30/07 ID comment). When is this going to be implemented ? I am a victim of a name check delay.

Prince

Dear Editor:
I 100% support ID's (11/30/07) comment about "FBI Delays to End". Please keep me posted, I appreciate it.

Shaocai Yu
Research Triangle Park, NC

Dear Editor:
This month, I am 'celebrating' 50 months in the FBI name check (11/30/07 ID). During the last year, I spent quite some time following advices from various immigration forums on how to contact FBI and on what may be done to influence the process of name clearance. I may say I tried every option none of which had any positive effect on my case. None of the explanations of why in some cases it takes so long to complete a name check, the explanations from USCIS/FBI one can find published on the web, can stand critics. I mean each such explanation can be easily challenged and proven to be false. So far, in response to my multiple inquiries, USCIS has not provided any info on my case. The only meaningful words from a CIS officer that I heard several months ago where: "Your case will not be processed unless you can prove it's a life or death situation". So, on the one hand, the official explanation is that my 'home country is slow on supplying some information to the FBI on my case'. On the other hand, this hurdle will miraculously disappear if there is indeed a 'life or death' situation. Strange, isn't it? Of course there is some kind of security check(s) but what we all know as the Name Check is just a mechanism to do some sort of profiling, racial or ethnic or some other, without saying that. USCIS cannot disclose the real reason of the delays. If the name check delays end, CIS will invent some other mechanism to block people from getting their GCs.

Leonid

Dear Editor:
It could take all my life to talk about what I personally experienced in a big way what it feels to be delayed by a so-called FBI checks (11/30/07 ID comment). No one would never be able to evaluate my frustration, loss. Via correspondance, I discussed my feelings with USCIS, FBI, the White House, First Lady, DHS, Ombudsman, Congress, but no positive result. I had a position paying six figures, county job, requiring Permanent Resident, due to long pending processing of the permanent Resident card, I was released from my job, I wrote many letters, but no results. My Mom was so sick, she requested to see me, she cried on the phone, because she havent seen me for ten years, I wrote many letter in vain, she finally died, I could not go. I wrote letters for assistance to take place on her funeral, no response. This lesson is a good lead in my life. I volunteer 20 hours a week for the last 4 years, just to show my appreciation and loyalty to the country that I thought was a safe heaven. I quickly understand it is all bureaucrasy and lies. I lived in the same address for 10 years, never travel even interstate trip. No one tries to do nothing except institutions such as the civil rights, Aila, humanitarian organizations, where is the Us Security Adviser, US Attorney General, the President, DHS secretary, FBI Director, FBI NNCP, Director of USCIS ... They don't care, because it is not directly affecting them or their families, their life are not beeing put on indefinite hold. That's sad but that's my life. All affected individuals should immediately file an action law sued. May God bless the caring, the fair, the Advocates, just Americans, who I recognize as the Real Americans.

Kolon Bofass


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2007 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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