Anyone with DWI without name check???

S

santosh_30

Registered Users (C)
Hello all:

Is there anyone who had DWI/DUI but DID NOT have to go through name check for the I-485 processing? Please post details if possible.

I had a DWI a while back (1997) and just want to find out if name check wll be mandatory for me..:-(

Santosh_30
 
Santosh_30

Name check is mandatory for everybody.
Have you applied for I-485?
When you had DWI, were you arrested, fingerprinted?
What was your answer for "Have you been arrested ..." in I-485 form?
Hope you answered yes in the form, otherwise contact your lawyer immediatly on how to convery that information to USCIS.
Otherwise you have to explain whay you answered no in teeh form during interview.
Since you had DWI you will definitely be called for interview.

In the mean time if you have already applied for I-485, better contact FBI to see if they received your name check request from INS and status of your name chek request.
You will gain atleast some time in contacting the bureau for your name check status.
 
santosh_30 said:
Hello all:

Is there anyone who had DWI/DUI but DID NOT have to go through name check for the I-485 processing? Please post details if possible.

I had a DWI a while back (1997) and just want to find out if name check wll be mandatory for me..:-(

Santosh_30
Click to expand...
Right -- as the other reply mentions name check is done for all applicants ...

maybe the question you want to ask is:
"Would a DWI result in a HIT in the name check and does it delay the name check process ?"
--Am not really sure if it does that -- maybe someone else can pitch in....

BTW, FBI takes 4 months or so to reply to ur questions regarding name check -- so you need patience
 
Yes MAx2K1 framed the question right.
Definitely you will have a interview. If your name combinations result in a Hit, it would be delayed until it is resolved manually. Not sure if DWI record will result in a hit or considered a hit.

Everyone goes through name check, if there is no hit, it is as good as not going through one because it is responded to immediatly (well almost and that's why we stuck in name check get a feeling that only few are subjected to name-checks).

PS: santosh_30 got you PM, but system very slow to respond on multiple windows. so replying here as it would benefit others in our situation.
 
Thanks....

Stinger:

Thanks for your response. I really appreciate it....With every passing day, this maze of USCIS procedures is unraveling slowly.....

Santosh_30
 
DWI- Driving While Intoxicated. Same as DUI I guess.

Santosh_30, no problem, a few months back, I was a total novice on immigration matters. Well I am still a novice, but had to learn more than I ever wanted to know :) becuase of name checks and delays.

Anyways I think the best thing for you is to contact FBI for the FOIPA request.
With that FOIPA reply contact FBI again to request/expedite your name check request.
Also contact FBI through email on your name check request status. Atleast your request gets in to the queue to be replied sooner than later.

I got FOIPA reply 'no records'. Plan to contact FBI with that response and INS quesry status (AOS approval pending security checks) to request/expedite my name check reuest.
Also contacted my congressman, but looks like it is not helping me that much.
 
stinger said:
DWI- Driving While Intoxicated. Same as DUI I guess.

Santosh_30, no problem, a few months back, I was a total novice on immigration matters. Well I am still a novice, but had to learn more than I ever wanted to know :) becuase of name checks and delays.

Anyways I think the best thing for you is to contact FBI for the FOIPA request.
With that FOIPA reply contact FBI again to request/expedite your name check request.
Also contact FBI through email on your name check request status. Atleast your request gets in to the queue to be replied sooner than later.

I got FOIPA reply 'no records'. Plan to contact FBI with that response and INS quesry status (AOS approval pending security checks) to request/expedite my name check reuest.
Also contacted my congressman, but looks like it is not helping me that much.
Click to expand...

Stinger, with a name like "Stinger" which is name for ammo, you will certainly get a hit with name check....:))...j/k...Anyways, how long have you been waiting....when did you apply for 485 and 140?

Santosh_30
 
santosh_30

Wish the reasons for name check delays were so obvious, atleast you have peace of mind knowing the reason. Since I have so much time to ponder on this name check delays, I sort of came up with a reson why my name check request might be delayed.. anyways..

- I-140/labor PD FEB 2001 and pproved, I guess in APR/MAY 2001.

-EB3/India.

-Did not apply for I-485 immediatly at that time as was not sure whether to be here and for personal reasons. (Well I know how extremely stupid it is now not to apply even. Just feel like kicking myself thinking on that)

-Only applied in DEC 2004 (anyways my PD was current even after retrogression that happened in JAN 2005). But by that time had a driving incident, so ensuing AOS transfer, interview, and this continuing name check delay.
 
stinger said:
santosh_30

Wish the reasons for name check delays were so obvious, atleast you have peace of mind knowing the reason. Since I have so much time to ponder on this name check delays, I sort of came up with a reson why my name check request might be delayed.. anyways..

- I-140/labor PD FEB 2001 and pproved, I guess in APR/MAY 2001.

-EB3/India.

-Did not apply for I-485 immediatly at that time as was not sure whether to be here and for personal reasons. (Well I know how extremely stupid it is now not to apply even. Just feel like kicking myself thinking on that)

-Only applied in DEC 2004 (anyways my PD was current even after retrogression that happened in JAN 2005). But by that time had a driving incident, so ensuing AOS transfer, interview, and this continuing name check delay.
Click to expand...

Stinger:

I cant imagine how you must feel about not applying at that time. Thats a double whammy when you have that added to INS issues. And now EB3 PD are also in jeopardy. I hope that does not affect you since you have already had your interview. By driving incident, do you mean DUI (hope you dont mind me asking). So you went as far as interview without any holdups due to name check. So I guess everything is just about done except for the name check. Best of luck to you so you get done with this nightmarish waiting.

By the way, if you do find the reason for name check, let me know. Did you check with them if they initiated name check before or after your driving incident?

Good luck again. May the force be with you.....

Santosh_30
 
Santosh_30

Yes DUI.

I filed AOS in DEC 2004, by APR I had EAD/AP.
AOS got transferred in Feb 2005. Local office had interview in MAR and the officer told me I was pending on name check.
I get the feeling my local INS office is very punctual.
As soon as my case was transfered they set interview date, approved AP (EAD approved at CSC itself) and looks like the first instance they got to look at my file, they also initiated a name check.
"Name check should not hold up anything ideally. Interview should be set. FP's should go on, EAD/AP's should be able to be renewed."
Name check is ALWAYS initiated irrespective of anything. I had my DUI bwell before even I applied for AOS. I even went to Inid ain between and disclosed that to Consul there during my VIS stamp interview. DUI would only make the case be transferred from a Service Center to a local center and called for inteview.

Well becuase of today's EB3 unavailability my case won't be looked at. But I am not that bothered becuase anyways name check clearance will take time and maybe I got some more time to get married before AOS approval. So basically not that bothered. All I am waiting now is, for the name check status reply from FBI and then hope by that time, EB3 with my PD 02/2001 is available so I can get approved. By this month I will be past 6 montsh after AOS applying, so looking forward to it to be eligible for AC-21 under worst cases. Would not bothered at all but just the current job situation is making me uneasy.
 
stinger said:
Santosh_30

Yes DUI.

I filed AOS in DEC 2004, by APR I had EAD/AP.
AOS got transferred in Feb 2005. Local office had interview in MAR and the officer told me I was pending on name check.
I get the feeling my local INS office is very punctual.
As soon as my case was transfered they set interview date, approved AP (EAD approved at CSC itself) and looks like the first instance they got to look at my file, they also initiated a name check.
"Name check should not hold up anything ideally. Interview should be set. FP's should go on, EAD/AP's should be able to be renewed."
Name check is ALWAYS initiated irrespective of anything. I had my DUI bwell before even I applied for AOS. I even went to Inid ain between and disclosed that to Consul there during my VIS stamp interview. DUI would only make the case be transferred from a Service Center to a local center and called for inteview.

Well becuase of today's EB3 unavailability my case won't be looked at. But I am not that bothered becuase anyways name check clearance will take time and maybe I got some more time to get married before AOS approval. So basically not that bothered. All I am waiting now is, for the name check status reply from FBI and then hope by that time, EB3 with my PD 02/2001 is available so I can get approved. By this month I will be past 6 montsh after AOS applying, so looking forward to it to be eligible for AC-21 under worst cases. Would not bothered at all but just the current job situation is making me uneasy.
Click to expand...

Hey Stinger....

So you are saying that there is a possibility that your name check was not because of DWI? But I guess its pure speculation at this point.

DO you mind telling me your local center? I live in San Diego. So I think my center will be CHula Vista. I hope my center is as punctual as yours.

It is relieving to hear that you had your FP and interview done like all others and they didnt stall that because of DUI.

I hope you get your name check cleared before the EB3 visa becomes unavailable in July 2005. So it will all be done with and you can go on with your life.

I need four more months before I can qualify for AC21. And since I have EAD, after six months I can afford to not have a job while I am looking for another one. My companys situation is really bad. Just yesterday, two people announced their resignation.

Anyways, I have begun to think if all this GC crap is worth it...Its like they want immigrants to do their jobs and help their economy but they want to make immigration so difficult that the immigrants will get fed up and leave the country after making their contributiuons...so they get their work done and dont have to be bothered by immigrants....I would rather just go to Europe....

good luck again with your case...

Santosh_30
 
Santhosh_30

YES, YES Name-check is mandatory for everybody.
DWI just makes the SC x-fer youtrcase to a local SC for interview.
It is upto the local SC when they look at your file, set an interview, initiate name-check.
(You can find cases where the dependent lady spouse who has been in this country barely few months getting stuck on name-check. Name-check is just dependent on what the result is of the search of your name combinations in their host of DB's.)

I am in one of OR local SC. Well, I was in SD for a while. Love that place.
C.Vista, read in some of the threads as efficient. Hope that is really the case.
 
stinger said:
Santhosh_30

YES, YES Name-check is mandatory for everybody.
DWI just makes the SC x-fer youtrcase to a local SC for interview.
It is upto the local SC when they look at your file, set an interview, initiate name-check.
(You can find cases where the dependent lady spouse who has been in this country barely few months getting stuck on name-check. Name-check is just dependent on what the result is of the search of your name combinations in their host of DB's.)

I am in one of OR local SC. Well, I was in SD for a while. Love that place.
C.Vista, read in some of the threads as efficient. Hope that is really the case.
Click to expand...

Stinger:

Of course now I understand that name check is mandatory for everyone. In your case, I was wondering whether you got "stuck" in name check because of DWI. Did you get your FP notice from the local service center or the main service center.

What is OR (Oregon?)

SD is nice but I have been here for too long (5.5 yrs) and want to go to the Northeast.

Santosh_30
 
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