jayanagar1
Registered Users (C)
Anti Fraud or Administrative Check - PLEASE HELP
On OCtober 29, 2002 during Consular Processing interview in Chennai, for my immigrant visa, after the finger printing was done(it's true and I dont have a clue why it was done like that) I was given a letter stating that my petition needs further administrative processing as the consulate suspected a fraud committed under my name. I pleaded with the officer that I have never been involved in any fraud and it's a mistaken identity. I checked my credit report and it looks fine. I was given a letter saying that my petition needs further administrative processing and once that is complete the Consulate will contact me.
The Consular Officer told me that it takes about 4 weeks for the administrative check to be completed and it's in my interest that the fraud check is important. I had my company Attorney involved and itseems when he contacted the consulate via email he also got a single line response that my petiiton needs further administrative processing.
I have never been involved in any fraud and I don't recall any problem with my previous or present employer.
It's been more than eight weeks now and still there is no update on the status of my application. Couple of weeks ago, the HR department head from our company wanted to find out why there was a delay and he called the Consulate and after fifth time he was able to speak to some one and he got the same one line response and he was told that at the minimum it may take another month or so.
In the meantime, I thought it's a good idea to check about the finger print results. I had my brother in U.S. call the FBI number to find out the result. The finger print results were cleared on Nov. 24 and instead of sending that to Consular Office in Chennai they were sent to NVC. When my brother called NVC, and explained the situation to the officer, she was kind enough and told that NVC has no record of the receipt of finger print results and they never requested one. When contacted the FBI again, I was told that FBI would send a copy if NVC requests it again. I called NVC and explained them the situation, they said they can do nothing about it as my petition was forwarded to Consulate and I need to contact Chennai Consulate. At Chennai phone number no body is willing to speak and whenver I call them I get one line answer - no update on my application status.
I am not sure whether the receipt of finger print results at Chennai consulate would have any effect in speeding up the adminstrative check process but I just wanted to give it a try.
I talked to the Officer at NVC again and she seem to be irritated as there were three calls made in a week asking about the finger print receipt and she clearly told not to call for atleast another 10 days as she is going to bring this to the attention of her supervisor and it may take couple of weeks for the supervisor to take a look. Once again I was told to contact Consulate to request finger print result from NVC.
I posted about anti-fraud check in Ron Gothcher's web site and Ron responded immediately saying that this kind of situations are very rare in immigrant petitions but as Chennai has a huge backlog it may take a quite a long time. He could not give out any more information except saying that my attorney should be able to resolve this. But my company attorney says that he cannot do anything but to wait until the check is complete.
I have been sending letters via email and fax, to Chennai Consulate explaining my situation and requesting for their help. So far no positive response.
At this point I am frustrated as my daughter continue to miss school. It's more that 2 months now. In addition I have some health problems for which I was taking medication and now I don't know about the fate of my health insurance.The company has stopped my salary as I ran out of my vacation and I don't know how long I can still be employed in U.S by staying in India.
I would like to get back to U.S. if possible. I have couple of questions for which I couldn't get a straight answer from my company attorney.
1. At the time of interview, I had a valid H1 B visa that would have expired at the end of 2003(at the time of CPinterview the H1B visa on my passport was scratched by the officer). Can I come back to U.S. on this H1B or does a new H1 B have to be processed again.
2. What are the implications on trying a new H1 B visa.
3. Since I don't get to speak or get an appointement to see the consular officer in Chennai what I can I do to meet the consular officer.
4. Does it help to engage another attorney. I tried to contact few other attorneys in U.S and they wanted complete authorization to change the company lawyer and all the papers which I do not any control. Itseems the consulate do not deal with more than one attorney for a petition - I am not sure whether this true.
I would greatly appreciate all your suggestions.
Thank you in advance.
PLEASE HELP
On OCtober 29, 2002 during Consular Processing interview in Chennai, for my immigrant visa, after the finger printing was done(it's true and I dont have a clue why it was done like that) I was given a letter stating that my petition needs further administrative processing as the consulate suspected a fraud committed under my name. I pleaded with the officer that I have never been involved in any fraud and it's a mistaken identity. I checked my credit report and it looks fine. I was given a letter saying that my petition needs further administrative processing and once that is complete the Consulate will contact me.
The Consular Officer told me that it takes about 4 weeks for the administrative check to be completed and it's in my interest that the fraud check is important. I had my company Attorney involved and itseems when he contacted the consulate via email he also got a single line response that my petiiton needs further administrative processing.
I have never been involved in any fraud and I don't recall any problem with my previous or present employer.
It's been more than eight weeks now and still there is no update on the status of my application. Couple of weeks ago, the HR department head from our company wanted to find out why there was a delay and he called the Consulate and after fifth time he was able to speak to some one and he got the same one line response and he was told that at the minimum it may take another month or so.
In the meantime, I thought it's a good idea to check about the finger print results. I had my brother in U.S. call the FBI number to find out the result. The finger print results were cleared on Nov. 24 and instead of sending that to Consular Office in Chennai they were sent to NVC. When my brother called NVC, and explained the situation to the officer, she was kind enough and told that NVC has no record of the receipt of finger print results and they never requested one. When contacted the FBI again, I was told that FBI would send a copy if NVC requests it again. I called NVC and explained them the situation, they said they can do nothing about it as my petition was forwarded to Consulate and I need to contact Chennai Consulate. At Chennai phone number no body is willing to speak and whenver I call them I get one line answer - no update on my application status.
I am not sure whether the receipt of finger print results at Chennai consulate would have any effect in speeding up the adminstrative check process but I just wanted to give it a try.
I talked to the Officer at NVC again and she seem to be irritated as there were three calls made in a week asking about the finger print receipt and she clearly told not to call for atleast another 10 days as she is going to bring this to the attention of her supervisor and it may take couple of weeks for the supervisor to take a look. Once again I was told to contact Consulate to request finger print result from NVC.
I posted about anti-fraud check in Ron Gothcher's web site and Ron responded immediately saying that this kind of situations are very rare in immigrant petitions but as Chennai has a huge backlog it may take a quite a long time. He could not give out any more information except saying that my attorney should be able to resolve this. But my company attorney says that he cannot do anything but to wait until the check is complete.
I have been sending letters via email and fax, to Chennai Consulate explaining my situation and requesting for their help. So far no positive response.
At this point I am frustrated as my daughter continue to miss school. It's more that 2 months now. In addition I have some health problems for which I was taking medication and now I don't know about the fate of my health insurance.The company has stopped my salary as I ran out of my vacation and I don't know how long I can still be employed in U.S by staying in India.
I would like to get back to U.S. if possible. I have couple of questions for which I couldn't get a straight answer from my company attorney.
1. At the time of interview, I had a valid H1 B visa that would have expired at the end of 2003(at the time of CPinterview the H1B visa on my passport was scratched by the officer). Can I come back to U.S. on this H1B or does a new H1 B have to be processed again.
2. What are the implications on trying a new H1 B visa.
3. Since I don't get to speak or get an appointement to see the consular officer in Chennai what I can I do to meet the consular officer.
4. Does it help to engage another attorney. I tried to contact few other attorneys in U.S and they wanted complete authorization to change the company lawyer and all the papers which I do not any control. Itseems the consulate do not deal with more than one attorney for a petition - I am not sure whether this true.
I would greatly appreciate all your suggestions.
Thank you in advance.
PLEASE HELP
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