is this true?

B

Be77

Registered Users (C)
The green card can be issued without the checks (FBI Name Check) being completed. Citizenship cannot be granted until all the background checks are finished. ??? and is there any way to find out if my name got cleared after i got my green card???


and let say the name got cleared after 2 or 3 years from becaming a PR ? does that means when u apply for ur Citizenship ur name will go back to the same story ???


Thanks .
 
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I am not sure what is your question ;) When you apply for naturalization you'll go through full background check and no citizenship will be granted until all the checks are cleared. It doesn't matter when you got your name cleared during GC processing, it will be done again at naturalization, it is not like FP that might be valid for certain time, or medical (for GC). Even if the case you mention could happen (i.e. name check cleared two or three years after PR being granted) you would still have to go through the same story as you say and get all those checks done again.
 
Also, if you did not disclose so-called "incident" during LPR (I-485) application, USCIS may technically re-open and challange LPR case for fraud during N-400 application processing. For immigration purposes, there is no statue of limitation for the fraud. That is one of the reasons, moral charcter related questions in N-400 do not limit timeline to last (3) 5 years.

Of course, all depends on the case and nature of "accident" and to which degree would have impacted your prior PR application.
 
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Be77 said:
The green card can be issued without the checks (FBI Name Check) being completed. Citizenship cannot be granted until all the background checks are finished. .
Click to expand...

USCIS came out with name check clarification memo in early 2008 for I-485's after the recent name check backlog. What the process mentions is that a pending name check for I-485 should not delay issuance of a I-485.


http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf
 
Be77 said:
The green card can be issued without the checks (FBI Name Check) being completed. Citizenship cannot be granted until all the background checks are finished. ??? and is there any way to find out if my name got cleared after i got my green card???


and let say the name got cleared after 2 or 3 years from becaming a PR ? does that means when u apply for ur Citizenship ur name will go back to the same story ???


Thanks .
Click to expand...



There was a time when USCIS planned to approve I-485 before background check because of the huge waiting time by FBI. The plan was to issue green card and revoke it in case any negative feedback came from the FBI. I don't think USCIS ever implented that policy because of the progress made by FBI in doing background checks.
 
spiderman03 said:
I don't think USCIS ever implented that policy because of the progress made by FBI in doing background checks.
Click to expand...

They did implement that policy as it was indicated in the February 2008 memo. However, by Feb 2009 they revised the policy so that adjudicators must now contact headquarter first before approving any I-485 with a pending name check.
 
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