Immigration law is not my field of expertise, but I have a brother-in-
law who is from a foreign country (Namibia) who I am trying to help.
I have checked all the threads on FBI name checks and STILL don't know
exactly how they work or WHY there is such a backlog. I have read all
about the Visa Condor and Visa MAntis by Robert J Garrity here:
http://66.102.7.104/search?q=cache:...sa+condor&hl=en
But that is for VISa checks - is it the same for FBI Name checks for
N400?
Is the FBI namecheck for the I485 the same as the name check for the
N400?
My BIL has been waiting for his N400 application to be approved for a
long time now due to the dragging name check.
We understand that there are two checks - a) fingerprint check to
determine if the individual has ever been arrested or has a criminal
record here and the b) name check is done by the FBI NNCP against
Central Records and CJIS, and they do the name check to see if the
person has ever committed criminal activites, any arrests or been the
subject of an FBI investigation or wanted by the FBI (person of
interest). Basically, we understand that if you have ever committed any
crimes/been arrested/been questioned by police or had ANY RUN IN with
the law in this country, even a parking ticket or overdue library book
the FBI WILL KNOW! We also assume after reading so many boards that the
reason some names clear quicker than others is because of racial
profiling, and if you're from one of the 17 countries listed, your name
will get extra scrutiny.
My BIL suggests that maybe there is such a backlog because the FBI
contacts every applicant's country of birth for I485 and N400 to double
check if that person has a criminal record. But that is doubtful,
because it is a computer check, and surely other countries do not just
let FBI computers scan their criminal record data base? Furthermore,
many third world countries do not have fair criminal justice sytems like
we have here, and crimes reported there may not be reported as they are
here. I have told him that possibly if the person is wanted by INTERPOL
(which FBI do check) or there is an outstanding warrant for the person's
arrest in their native country - or anything 'suspicious', then the FBI
would contact their native country. I also heard that each person must
have a police clearance certificate from his native country (which is
the individual's responsibility to obtain) if he has lived in the US for
less than 5 years, for example if he is married to a US Citizen and
applying for citizenship after having a GC for 2 years and 9 months.
From what I can gather the reason the FBI has such a backlog is because
they have thousands of name checks every day. If there is a *hit* then
an FBI person has to do a manual investigation which can take months,
depending on that person's workload.
Can you elaborate on this issue please?
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Posted via http://britishexpats.com |
214755. Confused about N400 - HELP!
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