Name check issue: Did an IO confuse NC with FP??

[Jack2007]

Hello all,
it is hard to believe that FBI check would not be required for I485 clearance if application> 180 day pending (as some people who spoke to a Texac SC IO today have mentioned)..

Was it that you guys (or the IO) confused NC with FP?? The IO might have meant that those with cleared FP (fingerprint check) and preadjudicated visa number allocated will have approvals...

This needs some discussion as I have not come across any valid news to believe that NC wouldnt matter anymore.

Thanks

 

[prq20]

I am also looking for the same information. There is a posting on AILA website that also supports the view. We need more people to jump in and find out. Try calling SC tomorrow and ask the same.

 

[rexxx]

Hello all,
it is hard to believe that FBI check would not be required for I485 clearance if application> 180 day pending (as some people who spoke to a Texac SC IO today have mentioned)..

Was it that you guys (or the IO) confused NC with FP?? The IO might have meant that those with cleared FP (fingerprint check) and preadjudicated visa number allocated will have approvals...

This needs some discussion as I have not come across any valid news to believe that NC wouldnt matter anymore.

Thanks

That is not possible to confuse NC with FP.

 

[p235]

I called TSC today and asked them about this. They say, there's nothing like that. They can't process my case until background checks are done.

 

[vitale]

No matter what we will say here - it's going to be just yet another speculation. The answer will be given in next few weeks. Lets just wait and not build anxiety in each other.

 

[ts1234]

No matter what we will say here - it's going to be just yet another speculation. The answer will be given in next few weeks. Lets just wait and not build anxiety in each other.

One more speculation. Probably NC may not be needed to allocate a visa number if the pre-adjudication is complete and clear in all other respects. They may hold the final approval and card production pending name check clearance.

 

[shahramt]

One more speculation. Probably NC may not be needed to allocate a visa number if the pre-adjudication is complete and clear in all other respects. They may hold the final approval and card production pending name check clearance.

i think you are exactly right.

 

[koku1]

One more speculation. Probably NC may not be needed to allocate a visa number if the pre-adjudication is complete and clear in all other respects. They may hold the final approval and card production pending name check clearance.

I doubt it. Visa numbers are allocated annually, and visa numbers not used by the end of a fiscal year are forfeit. Duration of NCs is upredictable, it can take well over a year (years in many cases), as all those poor soles stuck us in this NC black hole mess know. Thus, assigning visa numbers to cases with pending NCs will lead to wasting many of those numbers as it's unlikely all these NCs will get cleared in the next 3 months, giving the speed of the NC process. I've already posted before that the law doen't specifically define the scope of background checks, and doesn't explicitly mandate USCIS to do FBI NC on each and every applicant. Instead, background check process is governed by internal USCIS / DHS procedures, and those can be changed. Now USCIS does 3 checks, so it's not out of the realm of possibility that they abandoned FBI NC arguing that the other 2 checks suffice. Actually, this is what USCIS Ombudsman recommended in his last two reports.

 

[srichalam]

Yeap,

I doubt it. Visa numbers are allocated annually, and visa numbers not used by the end of a fiscal year are forfeit. Duration of NCs is upredictable, it can take well over a year (years in many cases), as all those poor soles stuck us in this NC black hole mess know. Thus, assigning visa numbers to cases with pending NCs will lead to wasting many of those numbers as it's unlikely all these NCs will get cleared in the next 3 months, giving the speed of the NC process. I've already posted before that the law doen't specifically define the scope of background checks, and doesn't explicitly mandate USCIS to do FBI NC on each and every applicant. Instead, background check process is governed by internal USCIS / DHS procedures, and those can be changed. Now USCIS does 3 checks, so it's not out of the realm of possibility that they abandoned FBI NC arguing that the other 2 checks suffice. Actually, this is what USCIS Ombudsman recommended in his last two reports.

you are absolutely right! I'm with you man.. There are thousands of suits individually against FBI and USCIS pending, and at some point the pressure of clearing those would be tremendous that they might totally dump this shit NC process.