DV 2016 AOS Only

[NiwDV]

Name check and background check are both security checks the that are run using your name and fingerprints. It is a quite thorough check using various US and international organizations' (like FBI, Interpol, OFAC etc) databases. I think you can find a list of those organizations and more detail about the process if you google.

If your fingerprints and/or name somehow gets a hit (name similarities usually cause this hit), meaning if it matches with a person of interest for the USA, then they need to look into you in even more detailed way. At that point, until they find out that you are not a threat to national security (that it was just a name similarity, etc), they put you under Administrative Processing.

As far as I know, the term Administrative Processing is an official term for CP cases but it also is de facto used for AOS cases that are stuck in name/security checks.

Hope this answers your questions. Try to google if you need more detail as my answers may not be fully right.

Thanks, your post gave me a basic idea. I will google it for more details.

 

[mdb]

How long your back ground check takes before you get your F1 & F2 visa?

Actually just one week!

 

[mdb]

This link may help you understand why this takes so long.

http://britsimonsays.com/administrative-processing-fbi-name-checks/

Thanks to send me the link.

 

[mdb]

AFAIK, if the reason for a delayed approval is due to a pending background check, I'm not sure if writing an expedite request to the FO has any impact on the process (I feel it's just a response the IOs give at an INFOPASS to get the applicant away from their presence). Nobody wants to be found responsible for granting someone (who otherwise shouldn't have been approved) a GC if it turns out there's something shady about the person's past.

You can of course contact your congressman and request their assistance with following up with your FO, of course even the congress person wouldn't ask them to expedite the process when the delay is due to a pending background check. USCIS however could always use their discretion in asking the agencies involved with the process to speed it up following series of enquiries.

Thanks for your detailed information

 

[kchemist]

Name check and background check are both security checks the that are run using your name and fingerprints. It is a quite thorough check using various US and international organizations' (like FBI, Interpol, OFAC etc) databases. I think you can find a list of those organizations and more detail about the process if you google.

If your fingerprints and/or name somehow gets a hit (name similarities usually cause this hit), meaning if it matches with a person of interest for the USA, then they need to look into you in even more detailed way. At that point, until they find out that you are not a threat to national security (that it was just a name similarity, etc), they put you under Administrative Processing.

As far as I know, the term Administrative Processing is an official term for CP cases but it also is de facto used for AOS cases that are stuck in name/security checks.

Hope this answers your questions. Try to google if you need more detail as my answers may not be fully right.

Basically if someones name has Mahomad, Bin Laden, etc etc you are bound to get more scrutiny.

 

[Sm1smom]

Thanks for your detailed information

Although you can still contact USCIS, and request for them to send in an expedite request to your FO, just not sure if it will make much of a difference.

 

[fiore]

Wish I had the time to link up the referenced AOS cases, but I don't. There definitely are previous AOSers listed on the past AOS threads (in this forum) who were once in the same situation as you're in now. As a matter of fact, (not sure if you bother to read other people's posts, outside of your, on this thread or not), @mdb is also on AP just like you.

Anyway, the past timelines spreadsheets can also give you an idea of former AOSers who were held back on AP. You should be able to tell by looking at they had their interview compared to when their cases got approved/got their GC issued.

Thank you for your reply. Yes, I read his thread and we are both wondering about the same thing just waiting I think now I will apply for EAD if that possible. Any one had an idea if I still can apply for EAD?

 

[KentConcept]

Thank you for all the precious information. How come that this year there are all these delays? I saw the timelines of last year and at this point I should already have the Green Card or being almost done! Honestly I'm starting to be worried because it's a unique opportunity for us and I don't want to waste it for reasons that are not depending on me... If I knew I would do the CP

 

[Sm1smom]

Thank you for your reply. Yes, I read his thread and we are both wondering about the same thing just waiting I think now I will apply for EAD if that possible. Any one had an idea if I still can apply for EAD?

Yes, you're still eligible to apply for the EAD card for free. However, bear in mind:
- EAD processing and approval takes about 3-4 months
- A fresh yet to be approved EAD petition, at the time of the GC approval may lead to more delays/complications for you.
- If you use a DV based EAD card to take up authorized employment and your AOS ends up being denied, you cannot revert back to your present status.

 

[Sm1smom]

Thank you for all the precious information. How come that this year there are all these delays? I saw the timelines of last year and at this point I should already have the Green Card or being almost done! Honestly I'm starting to be worried because it's a unique opportunity for us and I don't want to waste it for reasons that are not depending on me... If I knew I would do the CP

Are you comparing your timeline with those of S/F FO or you just looked at an overall average of all the other FOs and came to the conclusion you should have had your GC by now? Since 2014, the S/F FO has been reported as one of those notoriously late FOs - they tend to bunch DV based AOS petitions together. So the delay being experienced so far in that particular FO is not unusual.

In addition, all the FOs are quite back-logged at the moment with all the different petitions they're handling, that back log is trickling down and affecting DV based AOS petitions also.

 

[KentConcept]

Hi Mom,
Yes I just did check in general, because I didn't find so many people with San Francisco as Field Office.
I'm getting help from a lawyer for filing the AoS and I contacted him recently to ask him to schedule an INFOPASS. However he said that is not necessary because in his opinion for now won't make so much difference. I'm mad for this, because I don't want to wait until the last days of September or, even worse, arrive to a point where the FO won't finish before September 30 just because I didn't schedule INFOPASS appointments.
Do you think that these delays could really cause some cases to go over the timeline for DV cases? I would be shocked if yes. I mean, a delay is a thing but do not finish in time is another, especially while filing almost 1 year before the timeline.
I don't know if I should keep pressing my lawyer to make him change mind about INFOPASS or if would still be safe to wait other months without doing anything

 

[Fenton]

Hi Guys, I've searched Google and here and came up empty, but wondering: do we have to include a return paid postage envelope or anything in the AOS package for them to send back reciepts or notices of action or anything? Or do we just send the package with all the forms/evidence and leave it to them to send us out notices for appointments?

 

[Britsimon]

Hi Mom,
Yes I just did check in general, because I didn't find so many people with San Francisco as Field Office.
I'm getting help from a lawyer for filing the AoS and I contacted him recently to ask him to schedule an INFOPASS. However he said that is not necessary because in his opinion for now won't make so much difference. I'm mad for this, because I don't want to wait until the last days of September or, even worse, arrive to a point where the FO won't finish before September 30 just because I didn't schedule INFOPASS appointments.
Do you think that these delays could really cause some cases to go over the timeline for DV cases? I would be shocked if yes. I mean, a delay is a thing but do not finish in time is another, especially while filing almost 1 year before the timeline.
I don't know if I should keep pressing my lawyer to make him change mind about INFOPASS or if would still be safe to wait other months without doing anything

Relax. I did AoS in San Francisco. They will get to it - you won't miss the year end. By all means push a little, but there really is no need to worry that your case will miss the deadline.

 

[SusieQQQ]

Hi Mom,
Yes I just did check in general, because I didn't find so many people with San Francisco as Field Office.
I'm getting help from a lawyer for filing the AoS and I contacted him recently to ask him to schedule an INFOPASS. However he said that is not necessary because in his opinion for now won't make so much difference. I'm mad for this, because I don't want to wait until the last days of September or, even worse, arrive to a point where the FO won't finish before September 30 just because I didn't schedule INFOPASS appointments.
Do you think that these delays could really cause some cases to go over the timeline for DV cases? I would be shocked if yes. I mean, a delay is a thing but do not finish in time is another, especially while filing almost 1 year before the timeline.
I don't know if I should keep pressing my lawyer to make him change mind about INFOPASS or if would still be safe to wait other months without doing anything

Why do you need a lawyer to schedule an infopass?

 

[Sm1smom]

Hi Mom,
Yes I just did check in general, because I didn't find so many people with San Francisco as Field Office.
I'm getting help from a lawyer for filing the AoS and I contacted him recently to ask him to schedule an INFOPASS. However he said that is not necessary because in his opinion for now won't make so much difference. I'm mad for this, because I don't want to wait until the last days of September or, even worse, arrive to a point where the FO won't finish before September 30 just because I didn't schedule INFOPASS appointments.
Do you think that these delays could really cause some cases to go over the timeline for DV cases? I would be shocked if yes. I mean, a delay is a thing but do not finish in time is another, especially while filing almost 1 year before the timeline.
I don't know if I should keep pressing my lawyer to make him change mind about INFOPASS or if would still be safe to wait other months without doing anything

Why do you need your lawyer to schedule an INFOPASS appointment for you? It's something you should be able to do yourself and you don't need your lawyer to accompany you on that appointment anyways.

You may not want to wait till September, but if that's what your FO wants, you have no choice but to wait! Now, to answer your question, no I don't think it's possible for the the S/F FO to not finish with the DV based AOS petitions before the end of the applicable FY, they're aware of it and will certainly comply by it.

Going on an INFOPASS appointment may not immediately result in the IL being issued, it however is a good idea to give them a bit of a push and it lets them know the affected petitioners are getting worried.

 

[Sm1smom]

Hi Guys, I've searched Google and here and came up empty, but wondering: do we have to include a return paid postage envelope or anything in the AOS package for them to send back reciepts or notices of action or anything? Or do we just send the package with all the forms/evidence and leave it to them to send us out notices for appointments?

If you're using the AOS process spreadsheet as a guide, you'll notice it doesn't say anything about return paid postage envelope - that's because it's not required. The only part of the process that requires a SAE envelope is when making the DV administrative fee, and the payment instruction/form clearly states that.

 

[KentConcept]

Thanks everybody for your advises.
No what I meant was that a lawyer is following my case and did help me to file the AOS, so I asked him his opinion about it.
At this point if I won't receive the IL in a couple of weeks, I will schedule an INFOPASS appointment.
And according to all your opinions about the travel that I was planning to do at the end of March, I decided to not take the risk and wait until the i-485 is completed.

 

[Fenton]

If you're using the AOS process spreadsheet as a guide, you'll notice it doesn't say anything about return paid postage envelope - that's because it's not required. The only part of the process that requires a SAE envelope is when making the DV administrative fee, and the payment instruction/form clearly states that.

Cool, thanks. I thought that may be the case but when I Googled AOS packages to see how some had been put together I saw a few of them included a postage paid return envelope. Thanks for clearing that up.

 

[Sm1smom]

Thanks everybody for your advises.
No what I meant was that a lawyer is following my case and did help me to file the AOS, so I asked him his opinion about it.
At this point if I won't receive the IL in a couple of weeks, I will schedule an INFOPASS appointment.
And according to all your opinions about the travel that I was planning to do at the end of March, I decided to not take the risk and wait until the i-485 is completed.

Well, you can't pressure your lawyer to make him change his mind about INFOPASS, you should follow up and take responsibility for your own case.

 

[Fenton]

Hi Guys, this is more an "experienced opinion" question - our number is current in April so we're planning on sending our package in on Apr 1st, so it gets there when everything is current - what is your opinion on timeline? Do you think there is enough time to have it all processed before the FY cutoff? It's about 6 month timeframe.