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I485 interview and criminal conviction - please help!!
- Thread starter ceejay
- Start date
Stamped!!
I received the name check clearance mail from FBI on Feb 17,05 (search in my name for the postings related to name check clearance). My wife received the welcome notice on Apr 1,05 and physical card a week later!! I didn't receive anything and I called customer service number to know that my case was approved on Mar 21'05. I went to the local office and they confirmed the approval and stamped my passport (apr 18, 05). I am waiting for the arrival of physical card.
This forum is great.. I would like to thank everyone(especially Maladri) in this forum for their help and contribution. I will continue to visit this forum quite often for next couple of months. Let me know if you have questions.
Green card journey (EB2 NSC)
------------------
Labor filed on 04/01
Labor cleared on 02/03
I140 filed on 04/03
I140 cleared on 08/03
I485 filed on 07/03 (concurrent)
I485 transfer to local office (09/07/04)
Interview on 10/27/04 (Not cleared because of name check pending)
Sent E-mail to FBI on 11/05/04 and followed by two more e-mails(a month interval)
Sent Fedex to FBI on 02/08/05
Name check clear mail from FBI on 02/17/05
I485 approval on 03/21/05
Wife received welcome notice on 04/01/05
Wife received physical card on 04/07/05
Passport stamped on 04/18/05
Physical card?
I received the name check clearance mail from FBI on Feb 17,05 (search in my name for the postings related to name check clearance). My wife received the welcome notice on Apr 1,05 and physical card a week later!! I didn't receive anything and I called customer service number to know that my case was approved on Mar 21'05. I went to the local office and they confirmed the approval and stamped my passport (apr 18, 05). I am waiting for the arrival of physical card.
This forum is great.. I would like to thank everyone(especially Maladri) in this forum for their help and contribution. I will continue to visit this forum quite often for next couple of months. Let me know if you have questions.
Green card journey (EB2 NSC)
------------------
Labor filed on 04/01
Labor cleared on 02/03
I140 filed on 04/03
I140 cleared on 08/03
I485 filed on 07/03 (concurrent)
I485 transfer to local office (09/07/04)
Interview on 10/27/04 (Not cleared because of name check pending)
Sent E-mail to FBI on 11/05/04 and followed by two more e-mails(a month interval)
Sent Fedex to FBI on 02/08/05
Name check clear mail from FBI on 02/17/05
I485 approval on 03/21/05
Wife received welcome notice on 04/01/05
Wife received physical card on 04/07/05
Passport stamped on 04/18/05
Physical card?
Ceejay
Congrats on you GC and that is uplifting to hear that you got such a quick reonse from FBI on your name check status.
I had a DUI, had interview and approval pending name check clearance.
Sent emails/faxes to FBI, contacted my congressman (his office is just calling teh local INS office to find what teh status is. I was hoping they woudl call FBI though).
Anyways sending Fedex to FBI is one thing I have not tried. Can you give me teh address to which you sent and whom it was addressed and the letter format you used.
I am really amazed to see how fast you got FBI reply. Do you know from how long your name check was pending?
Reply and to see your case was so uplifting.
Congrats on you GC and that is uplifting to hear that you got such a quick reonse from FBI on your name check status.
I had a DUI, had interview and approval pending name check clearance.
Sent emails/faxes to FBI, contacted my congressman (his office is just calling teh local INS office to find what teh status is. I was hoping they woudl call FBI though).
Anyways sending Fedex to FBI is one thing I have not tried. Can you give me teh address to which you sent and whom it was addressed and the letter format you used.
I am really amazed to see how fast you got FBI reply. Do you know from how long your name check was pending?
Reply and to see your case was so uplifting.
FBI namecheck address
Send it to the following address :
David M. Hardy, Chief
Record/Information Dissemination Section
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W.
Washington, D.C. 20535
Fax: (202) 324-3752.
I have just took the print out of what I sent in the mail. Don't forget to mention the E-mail ID because the response will be received in E-mail only.
Ceejay
Send it to the following address :
David M. Hardy, Chief
Record/Information Dissemination Section
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W.
Washington, D.C. 20535
Fax: (202) 324-3752.
I have just took the print out of what I sent in the mail. Don't forget to mention the E-mail ID because the response will be received in E-mail only.
Ceejay
stinger said:Ceejay
Congrats on you GC and that is uplifting to hear that you got such a quick reonse from FBI on your name check status.
I had a DUI, had interview and approval pending name check clearance.
Sent emails/faxes to FBI, contacted my congressman (his office is just calling teh local INS office to find what teh status is. I was hoping they woudl call FBI though).
Anyways sending Fedex to FBI is one thing I have not tried. Can you give me teh address to which you sent and whom it was addressed and the letter format you used.
I am really amazed to see how fast you got FBI reply. Do you know from how long your name check was pending?
Reply and to see your case was so uplifting.
punjabiguy
Registered Users (C)
FBI NAme check
Hi Everbody
Our case was transferred to Local Office in Chicago in October 2004.
We were called for interview which we attended yesterday. It lasted about 30 minutes during which the officer went thru both our files and asked us questions about job, status, dates and port of last last entry to US, looked at our latest employment letter, tax returns and birth certificates. At the end she told that she has not received clearance for my name from FBI nut the name check for my wife is complete. She told us to that we would receive our green cards in mail once my my name check is cleared. She also mentioned that my wife may also have to go thru fingerprinting again (if my clearance if not received by then) after July 2005 since her earlier ones are valid till July only.
So guys I think that this was good but I have some queries which I am posting here. Please reply or PM me your thoughts on the following:
1) Is this normal for them to not receive the FBI name check. Is there any stipulated time period that FBI shoudl send them the name check.
2) I had already had 2nd FP in Jan 2005. The first FP was in Feb 2003 . Does this mean that when my FP was done in Feb 2003, the INS would have received my name check from FBI but since this I-485 has long wait, they gaian got my FP doen and would seek another FBI name check report from FBI. Does this make sense???. That's what I have been thinking since yesterday that if my name check would not cleared after first FP, then I would have received some intimation from them.
3) Is their any mechanism to track the name check clearance by FBI. Or is there any mechanism to findout that how many times our name check has been cleared by FBI. I have seen in some threads to write to FBI vial snail mail/email. Which one is better and quicker.
4) I have read in some forums about welcome letter. What is it?
5) I have the impression that physical Green card takes 3-4 months. So even if the INS officer receives my FBI name check cleared, then also it would be only after 3-4 months that I would come to know that mine green card has been approved.???
Any other comments by you guys are welcomed.
My details are:
For me: RD/PD October 2002
1st FP-Feb2003
EAD - Twice
AP- Twice
2nd FP jan 2005
I-485 interview May 2005
For my wife: (We got maried last year i.e. Nov 2003)
I-485 for my wife filed in Feb 2004.
Received EAD
Received AP
I-485 interview May 2005
Any help/comments would be appreciated.
Thanks
Hi Everbody
Our case was transferred to Local Office in Chicago in October 2004.
We were called for interview which we attended yesterday. It lasted about 30 minutes during which the officer went thru both our files and asked us questions about job, status, dates and port of last last entry to US, looked at our latest employment letter, tax returns and birth certificates. At the end she told that she has not received clearance for my name from FBI nut the name check for my wife is complete. She told us to that we would receive our green cards in mail once my my name check is cleared. She also mentioned that my wife may also have to go thru fingerprinting again (if my clearance if not received by then) after July 2005 since her earlier ones are valid till July only.
So guys I think that this was good but I have some queries which I am posting here. Please reply or PM me your thoughts on the following:
1) Is this normal for them to not receive the FBI name check. Is there any stipulated time period that FBI shoudl send them the name check.
2) I had already had 2nd FP in Jan 2005. The first FP was in Feb 2003 . Does this mean that when my FP was done in Feb 2003, the INS would have received my name check from FBI but since this I-485 has long wait, they gaian got my FP doen and would seek another FBI name check report from FBI. Does this make sense???. That's what I have been thinking since yesterday that if my name check would not cleared after first FP, then I would have received some intimation from them.
3) Is their any mechanism to track the name check clearance by FBI. Or is there any mechanism to findout that how many times our name check has been cleared by FBI. I have seen in some threads to write to FBI vial snail mail/email. Which one is better and quicker.
4) I have read in some forums about welcome letter. What is it?
5) I have the impression that physical Green card takes 3-4 months. So even if the INS officer receives my FBI name check cleared, then also it would be only after 3-4 months that I would come to know that mine green card has been approved.???
Any other comments by you guys are welcomed.
My details are:
For me: RD/PD October 2002
1st FP-Feb2003
EAD - Twice
AP- Twice
2nd FP jan 2005
I-485 interview May 2005
For my wife: (We got maried last year i.e. Nov 2003)
I-485 for my wife filed in Feb 2004.
Received EAD
Received AP
I-485 interview May 2005
Any help/comments would be appreciated.
Thanks
punjabiguy said:Hi Everbody
1) Is this normal for them to not receive the FBI name check. Is there any stipulated time period that FBI shoudl send them the name check.
<cj> Yes it happens that the name check results are not being received before the interview. It happened in my case also. My wife's name check was cleared before the interview and mine was not.</cj>
2) I had already had 2nd FP in Jan 2005. The first FP was in Feb 2003 . Does this mean that when my FP was done in Feb 2003, the INS would have received my name check from FBI but since this I-485 has long wait, they gaian got my FP doen and would seek another FBI name check report from FBI. Does this make sense???. That's what I have been thinking since yesterday that if my name check would not cleared after first FP, then I would have received some intimation from them.
<cj> I don't think FP and name check process relates to each other. Probably it is possible that since INS has been waiting for 15 months for name check, they would have requested another FP. It is also possible that your case was not touched for 15 mos. Let us not speculate anything further because you had interview already. I don't think they will request for new name check after the second FP </cj>
3) Is their any mechanism to track the name check clearance by FBI. Or is there any mechanism to findout that how many times our name check has been cleared by FBI. I have seen in some threads to write to FBI vial snail mail/email. Which one is better and quicker.
<cj> I tried both E-mail and Fedex. I don't think if there is any other option available. Typically it is taking 4-5 mos to get response from FBI. For me when I sent over Fedex, I got the reply with 10 days. Not sure if this is still the case </cj>
4) I have read in some forums about welcome letter. What is it?
<cj> Welcome letter is the one would receive after 485 approval. It is also case to case basis. Some receives the 485 approval letter and some receives welcome letter. I don't know if one recives both. Personally speaking my wife (derivative) received the welcome letter and I didn't receive anything so far!! </cj>
5) I have the impression that physical Green card takes 3-4 months. So even if the INS officer receives my FBI name check cleared, then also it would be only after 3-4 months that I would come to know that mine green card has been approved.???
<cj> You should be knowing about approval before that in the form of approval or welcome letter. The physical green card receipt varies case to case basis. My wife received within a week after the welcome letter. I have not received anything. </cj>
Any other comments by you guys are welcomed.
My details are:
For me: RD/PD October 2002
1st FP-Feb2003
EAD - Twice
AP- Twice
2nd FP jan 2005
I-485 interview May 2005
For my wife: (We got maried last year i.e. Nov 2003)
I-485 for my wife filed in Feb 2004.
Received EAD
Received AP
I-485 interview May 2005
Any help/comments would be appreciated.
Thanks
dcmetro22042
Registered Users (C)
Rani: Could you please post your interview experience as well?
DUI-Chicago-My Cousin-Please help and advice
I posted the same message on other threads but I have not received any responses. Please help us.
Hi All,
My cousin lives in Chicago-IL. The other day he got a DUI( his BAC was 0.10) and it was his first offence. My cousin had one beer and asked his friend to drive and when cop caught them, his friend realized that he forgot his licence and they switched their positions. Cop noticed this and asked about switching and his friend explained what happened. But finally, Cop gave a DUI to my cousin and a traffic voilation to his friend.
He is on H1B and he is really worried about this. Cop told my cousin that he cooperated very well. He was not arrested. He and his friend took a Cab and went home. Next morning they picked their car from a towing agency. Will this considered to be arrest?
Can any one of you suggest an attorney in Chicago-IL and also suggest us any precautions that he should be taking. He doesnt have any prior voilations on his driving record. Also my cousin's court date is in December. He is going to India in November for two weeks. Whether he should be taking any precautions before leaving to india. will there any problem in Re-entry.
Please give all your suggestions. We really appreciate your cooperation in this regard.
Thank you very much
Kandy
I posted the same message on other threads but I have not received any responses. Please help us.
Hi All,
My cousin lives in Chicago-IL. The other day he got a DUI( his BAC was 0.10) and it was his first offence. My cousin had one beer and asked his friend to drive and when cop caught them, his friend realized that he forgot his licence and they switched their positions. Cop noticed this and asked about switching and his friend explained what happened. But finally, Cop gave a DUI to my cousin and a traffic voilation to his friend.
He is on H1B and he is really worried about this. Cop told my cousin that he cooperated very well. He was not arrested. He and his friend took a Cab and went home. Next morning they picked their car from a towing agency. Will this considered to be arrest?
Can any one of you suggest an attorney in Chicago-IL and also suggest us any precautions that he should be taking. He doesnt have any prior voilations on his driving record. Also my cousin's court date is in December. He is going to India in November for two weeks. Whether he should be taking any precautions before leaving to india. will there any problem in Re-entry.
Please give all your suggestions. We really appreciate your cooperation in this regard.
Thank you very much
Kandy
Kandy
First of all they should not have changed the seats.
Forgetting driver license is not an big thing if it was just a case of forgetting.
This might not be considered arrest since he was not fingerprinted. So there is nothing to worry. My understanding is only if you are arrested and basically fingerprinted, you will get in to that database where consulates can look up. Even then he just has to go through the check process there, which might take time (2 months for me becuase it was manual at that time) . But heard now they take electronic fingerprints and is faster. But there might be some delay, how much I do not know.
Not to be concerned right away, but during AOS he might get a namecheck hit which is again nothing to worry, but a cause for long long delay.
First of all they should not have changed the seats.
Forgetting driver license is not an big thing if it was just a case of forgetting.
This might not be considered arrest since he was not fingerprinted. So there is nothing to worry. My understanding is only if you are arrested and basically fingerprinted, you will get in to that database where consulates can look up. Even then he just has to go through the check process there, which might take time (2 months for me becuase it was manual at that time) . But heard now they take electronic fingerprints and is faster. But there might be some delay, how much I do not know.
Not to be concerned right away, but during AOS he might get a namecheck hit which is again nothing to worry, but a cause for long long delay.
Thank you Singer
Thank you stinger for your prompt response. Now we are looking for an attorney and if you know anyone, can you please suggest.
Kandy
stinger said:Kandy
First of all they should not have changed the seats.
Forgetting driver license is not an big thing if it was just a case of forgetting.
This might not be considered arrest since he was not fingerprinted. So there is nothing to worry. My understanding is only if you are arrested and basically fingerprinted, you will get in to that database where consulates can look up. Even then he just has to go through the check process there, which might take time (2 months for me becuase it was manual at that time) . But heard now they take electronic fingerprints and is faster. But there might be some delay, how much I do not know.
Not to be concerned right away, but during AOS he might get a namecheck hit which is again nothing to worry, but a cause for long long delay.
Thank you stinger for your prompt response. Now we are looking for an attorney and if you know anyone, can you please suggest.
Kandy
Also solicit responses from others on this issue.
Do not know how it is in CH, but if it is first DUI, he can take diversion, otherwise you have to shell out a bunch of bucks for nothing. Also lawyer would be helpful only in case if you fighting the case. But instead of going through teh tensions of taking care of this diversion stuff, you can have a lawyer handle that for you. Just call a few lawyers, talk with them and choose teh one comfartable and affordable.
Do not know how it is in CH, but if it is first DUI, he can take diversion, otherwise you have to shell out a bunch of bucks for nothing. Also lawyer would be helpful only in case if you fighting the case. But instead of going through teh tensions of taking care of this diversion stuff, you can have a lawyer handle that for you. Just call a few lawyers, talk with them and choose teh one comfartable and affordable.
I'm somewhat confused
You say that the cop cited you for DUI, but let you go?? How did this happen? If there is a record saying that you were Driving under the Influence, the cop would lose his job because he did not arrest you.
If, however, you were not handcuffed and taken to Jail, then you were not arrested per se and there is no incident as such that you need to worry about. You took a cab home and that was that. No records, no arrest, no worries. you can answer "no" to the question "have you ever been arrested?"
If there has been an arrest (handcuffed, taken in squad car to Police station and then to county jail), first time DUI's are not a big deal and I would not worry about this. Just hang on to all the original court documentation. Your re-entry on an H1 will definitely not be an issue. I485 case may get Xferred and cause xtra delays,but still not an issue as long as the arrest is mentioned in the original application and court certified documentation is provided.
You say that the cop cited you for DUI, but let you go?? How did this happen? If there is a record saying that you were Driving under the Influence, the cop would lose his job because he did not arrest you.
If, however, you were not handcuffed and taken to Jail, then you were not arrested per se and there is no incident as such that you need to worry about. You took a cab home and that was that. No records, no arrest, no worries. you can answer "no" to the question "have you ever been arrested?"
If there has been an arrest (handcuffed, taken in squad car to Police station and then to county jail), first time DUI's are not a big deal and I would not worry about this. Just hang on to all the original court documentation. Your re-entry on an H1 will definitely not be an issue. I485 case may get Xferred and cause xtra delays,but still not an issue as long as the arrest is mentioned in the original application and court certified documentation is provided.
Thank you for your input, dfagen19
When you asked about Jail, I called up my cousin and he told me that he and his friends were asked to take cab and thats how they went back to home. Next day around, they picked up their car.
My cousin spoke with a couple of lawyers and it looks like this will be a big financial loss and some lawyers are asking him to plead guilty and then they might make his license suspended for one month as opposed to three months. Now we are in a fix how should we tackle this situation to make this case gets dismissed or just pay fine and have all the driving privileges..
Any suggestions are highly appreciated
Thanks
Kandy
When you asked about Jail, I called up my cousin and he told me that he and his friends were asked to take cab and thats how they went back to home. Next day around, they picked up their car.
My cousin spoke with a couple of lawyers and it looks like this will be a big financial loss and some lawyers are asking him to plead guilty and then they might make his license suspended for one month as opposed to three months. Now we are in a fix how should we tackle this situation to make this case gets dismissed or just pay fine and have all the driving privileges..
Any suggestions are highly appreciated
Thanks
Kandy
So there was no actual arrest??
So the Officer took his license, gave him a court date and let him go?? We was never handcuffed? If this is the case, then your cousin was not arrested. The question immigration asks is very simple - Have you ever been Arrested? Your cousins answer will be no.
As far as the DUI itself, you should be able to find tons of DUI attys in the Chicago area. The good ones will command a premium, but its probably a good idea to pay yhe premium. I dont personally know anyone in this area.
So the Officer took his license, gave him a court date and let him go?? We was never handcuffed? If this is the case, then your cousin was not arrested. The question immigration asks is very simple - Have you ever been Arrested? Your cousins answer will be no.
As far as the DUI itself, you should be able to find tons of DUI attys in the Chicago area. The good ones will command a premium, but its probably a good idea to pay yhe premium. I dont personally know anyone in this area.
There is a line on the 485 form which says "have you ever performed any act of moral torpitude or drug office for which you were never arrested". In a situation like Kandy's cousin or any other situation like domestic violence or shoplifting where you were caught, but not arrested, does one need to fill in a yes?