Interview Experience San Jose

Hello all

Do you guys know how much times it takes to complete FBI name check? I had an interview at San Jose today and officer said he won’t be able to approve me today since my FBI name check is pending, but my wife’s name check was complete and he said he could of approved her today but since her is derived application he cannot approve her either

Regards
Pukaul
 
Congrats. It takes anywhere between 60 days to 6 months. I've seen postings on this web site on how you can contact FBI and ask them to expedite this. I posted a link to a guide which they use. If I am not mistake it is the CIA that runs the name check, and then gets communicated back to FBI, and then back to INS. Anytime you got 4 agencies (DHS included) you get into such delays. Find the way to contact FBI and expedite your request or ask for file status. This had worked for others in this forum.

The hard part is over, you are just waiting for the fluf now. Your case is one of those that gives me hope. There is someone on this forum with file transferred to SJC in June with no response yet. Hope this helped.
 
Thanks canarian, Mine was transfered in june 2004 and I had a interview today and regarding the Name check officer showed me the pager which says that Name check was requested by them in March 2004 so its already 6 months
 
Thanks canarian, Mine was transfered in june 2004 and I had a interview today and regarding the Name check officer showed me the paper which says that Name check was requested by them in March 2004 so its already 6 months
 
Pukaul,

You're welcome. Can you also make a clarification. Didn't your file get transferred on Aug 6th from Vermont to SJC. I am not sure what the June date is.

As for the FBI name check, just contact FBI and make sure to start an inquiry. Good luck.
 
Accelerated Pre Trial Program.

Hi,
The state is connecticut. My wife was arrested for shoplifting on May 15-04 just 10 days after i filed her i-485 as dependent.
Shoplifting is considered as Class C misdemeanor Sec.53a-125b and the max sentence is jail time upto 3 mos (max), which i believe is still on the safety border as per INS rules.
She was fingerprinted and released on $100 bond the same day.Since this was her first offence , the judge ordered her accelerated pre-trial rehabilitation program with 6mos of court probation and 25 hours of community service which she has already completed and the case is going to get dismissed next month.So there will be no conviction and plea of guilt.

I am going to keep thhe original offence report from police, a statement from the court office/attorney stating the max sentence under that statue and any other court papers if required.

So will her arrest record get wiped out ?Will there be any issue with INS ?
And if there's an issue will be at POE (port of entry) or while i-485 interview ?
Do we need to talk with an immigration expert and file for "petty offence exception" ?


Pls help........
 
Conviction will be changed to case dismissed. Arrest record will remain. In any case, USCIS treats record clearance as if the clearance never happened. Record clearance is useful only in background check situations for employment etc.

Unlikely that there will be an issue, but I am not familiar with USCIS interpretaions on CIMT issues. Certainly talk to an immigration attorney, preferably one who knows the officers at the center where your interview will happen, and who will come with you to the interview. Whether to file exceptions or not should be based on the attorney's advice.

(Also, see first post in this thread).
 
Thanks for the earlier response. My wife will be visiting her home country before her GC approval for family emergency purpose but after her case is dismissed by court next month. Her 1-131 (adv. parole) is also approved.
Now at POE will there be any hit when she's fingerprinted like any other passenger ? Do USCIS share common information with FBI ?
 
In all likelyhood there WILL be a hit. The database IS FBI's. Not USCIS'. You might want her to carry documents showing final disposition by court, and proof of compliance with terms of sentence. Although I have NOT travelled in similar circumstances, my attorney once had told me that usually this is not a problem except for people who have various restraining orders with regards to persons on establishments. Again, getting expert opinion is better. I am very much against amateure lawyering: in my opinion, that is the most dangerous beuracratic game one can play.

Also, as mine was not the CIMT kind of arrest, I am NOT the best person to help, either :(
 
Driving - criminal violation

niladri30 said:
In all likelyhood there WILL be a hit. The database IS FBI's. Not USCIS'. You might want her to carry documents showing final disposition by court, and proof of compliance with terms of sentence. Although I have NOT travelled in similar circumstances, my attorney once had told me that usually this is not a problem except for people who have various restraining orders with regards to persons on establishments. Again, getting expert opinion is better. I am very much against amateure lawyering: in my opinion, that is the most dangerous beuracratic game one can play.

Also, as mine was not the CIMT kind of arrest, I am NOT the best person to help, either :(
Click to expand...

Hi

About a month before my AOS filing, I was halted by a traffic cop for doing 100 in a 55 zone. To cool me down he handcuffed me and put me in the back of the cop car.

However, 10 mins after that he gave me a traffic ticket stating 'criminal speed' and let me go. All of this happened on the freeway and i did not go to any police station. will this affect me in my AOS filing ??

They lawyers said that since it's a traffic violation (non-DUI) that should not be a problem. What do you'll think ??

-buzz
 
#1 Did the cop take your picture ?
#2 Were you fingerprinted ?
#3 If you hapen to get the rap/offence sheet, show it to a good immigration and criminal attorney.

Under all likelihood, you should be all safe since it was a speeding ticket, but again get an expert advice.
 
i responded to two of you by email. i am stuck in similar boat, frustrated. can you please respond back.
 
Local lawyer

I live worked in San Jose for all the period of my GC process. Our immigration lawyer is based out of Texas (dont ask me why my emplyer choose so).
Now my I485 has been transferred to San Jose to schedule for interview.

I would like to know if there are any good local lawyers to represent me
in the interview. ( Is it common for the local lawyer to know the immigration
officer in person).

thanks
 
I can recommend my attorney who went with me and, it looked like he played golf with all the officers every weekend... just kidding about the golf, but he DOES seem to know all the interviewing officers at San Jose very well... not simply the one who interviewed me.
 
Nildari,

Please can you send me his details. Also, how much did he charge for attending the interview, and also for an AC21 letter (if you had one done through him). You can email me privately if you prefer, freeviews@hotmail.com.

Thanks.
 
buzzingbee said:
Hi

About a month before my AOS filing, I was halted by a traffic cop for doing 100 in a 55 zone. To cool me down he handcuffed me and put me in the back of the cop car.

However, 10 mins after that he gave me a traffic ticket stating 'criminal speed' and let me go. All of this happened on the freeway and i did not go to any police station. will this affect me in my AOS filing ??

They lawyers said that since it's a traffic violation (non-DUI) that should not be a problem. What do you'll think ??

-buzz
Click to expand...
buzzingbee:

100 on a 55 :eek:
Anyways, if this happened in CA, you are only guilty of an infraction
(per CVC 22348 (b) ).

It should not effect AOS.
 
thanks niladri30

Finally, I got Passport stamp today.

Here is my details.

My interview day is 09/21/2004, I went SJ office with my attonery, my attonery is pretty young, after 20 mins waiting, we are called in for the interview. To my surpise, the officer just ask me " have you been arrested?" I said "i am not sure" then he ask " do you have court disposition?" I said " I never went to the court" , my attoney said " here is briefly description of his case, there is no charge, and based on the police report, he hasn't been arrest." then the officer stop to ask any criminal history.
he start collecting all the docs, tax return, i-94, EVL... and all questions were focus on my job, since my company has very solid finicial background, I got promotion twice after filing 485, and salary is higher. everything is smooth.

finally, the officer told me, your application is pending. and told my attonery... my supervisor need review his file, and i also need check his number but i think it's current, I will send him the result in two weeks.

we went out, i was not very happy.

I was so suprised that I got the approved notice from local office on /09/25/2004. and make the infopass for PS today.

Thanks everyone here, especially niladri30, provide good information

I really did lots of research between the immigration law and crimial law
I found the best documentation online, which is very helpful.
Please see the attachement.

Attorney is helpful during the interview, but 90% attorney are only know how to fill the form, so please do some research by yourself if you have any criminal record...
 
attorney Details

Niladri,

can you please foward me (ramkaps@sbcglobal.net) the attorney details,

Thanks,
 
Hi Netfriend7109,

Did the officer collect all your EADs and APs during the interview? Is that any differences between your approval notice and others who without going through interview?

Thanks
 
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