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question for PoJ
- Thread starter xwl12345
- Start date
PrinceofJungle
New Member
xwl12345 said:POJ,
could you tell me what's last step for approve? is examiner reviewing last step? I was told 485 case are in transit to examination unit before REF issure(1/5/05), then was told 485 case is being reviewed by examiner after REF Ack (2/14/05). Thanks!
Hello xw12345
Please read the 485 standard procedure guideline for officer, its lengthy document but I hope it would help in some concerns , its good useful info.
http://boards.immigration.com/showthread.php?t=140813&highlight=standard
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf
keep share with us ur understanding and if u pointout other things we would all glad.
If anyone like to read plz do share ur understanding and main points regarding other issue and what std-procedure says
Good LUck
PrinceofJungle
New Member
Read after page 160> I believe the stage u are in is there
quick extract. for new ppl
When an I-485 is accepted at the Service Center, requests for FD-258 FBI
fingerprint checks, fingerprint fees, and G-325A consular background checks
are made by INS. Responses to these requests come back to INS and must be
matched up with the appropriate files held in staging. File Maintenance "file
connects" these responses to the corresponding files.
Fingerprints are a requirement for all applicants 14 through 79 years old to
determine if they have criminal histories. After a case is data entered, the
applicant is scheduled for fingerprints. Fingerprints are collected at the
Application Support Centers (ASC), and sent to the FBI for criminal checks.
Using the fingerprints, the FBI will verify whether the applicant has a
criminal history. Once verified, the FBI will send a response indicating the
results of the fingerprint check.
There are 4 types of responses that can be sent from the FBI:
• IDENT--The applicant was identified in the FBI database,
• Non-IDENT--The applicant was not identified in the FBI
Database,
• Reject--The applicant’s prints were rejected, because the
Fingerprints were unreadable by the FBI, and
• Pending--The FBI is conducting a more thorough search on the
Fingerprints.
While the INS is waiting for a response from the FBI for a particular
applicant, File Maintenance stages the file by date of data entry.
If a response is not received, leave the file on the I-485 hold
shelf until the purge date.
**Family packs should be staged until responses are received
for all family members.
FD-258 Fingerprint Response Purge: The INS has established a 120-day
waiting period from the date of fingerprint scheduling to allow applicants to
submit fingerprints. When an applicant fails to appear for fingerprinting or a
response is not received within that 120-day period, and the applicant has
otherwise not advised the INS of a change of address or requested that he be
rescheduled, the case must be denied for abandonment. Accordingly, after
120 days, File Maintenance must check any remaining files for receipt of a
processed FD-258 or evidence of a change of address or request for
rescheduling. Perform the task "FD-258 Fingerprint Response Purge" for
purging of all files awaiting a FBI response.
If the FBI Response Description is...
NON-IDENT
Or
IDENT
Route the file to Workload
Distribution.
IDENT
Route the file to the INS
POC for FBI contact
regarding the rap sheet.
After the case is consolidated, connected and purged by File Maintenance, it
is routed to Workload Distribution (WD). WD is in charge of staging, routing
and distributing files. There are five different types of staging areas that
Workload Distribution handles:
• Work ready for adjudication;
• Work awaiting a response from a request for evidence;
• Work awaiting a response from an Intent to Deny;
• Work awaiting submission of an I-89 card;
• Work awaiting a visa number.
Workload Distribution may stage files awaiting evidence for a Request for
Evidence. These files are shelved under a separate RAFACS code. An
applicant has 87 days to respond to a Request for Evidence. After the
applicant sends in the requested evidence, Workload Distribution file
connects these pieces of evidence with the appropriate case and then returns
them to the adjudicator who originated the Request for Evidence. If the
applicant does not respond within 87 days, the application is considered
"abandoned" and is sent for local abandonment processing.
The response is updated in
CLAIMS, matched to the file
and routed to the appropriate
adjudicator.
Workload Distribution may stage files awaiting evidence for an Intent to
Deny. These files are shelved under a separate RAFACS code. An applicant
has 30 days to respond to an Intent to Deny. After the applicant sends in the
requested evidence, Workload Distribution file connects the evidence with the
appropriate case and returns it to the adjudicator who originated the Intent to
Deny (if no fee is involved). If an additional fee is involved, Data Entry will
request the file from Workload Distribution when the fee is submitted with
the Intent to Deny notice. Data Entry will route the file to the adjudicator
who originated the Intent to Deny. If the applicant does not respond within
33 days, the application is considered "abandoned" and is sent for
abandonment processing.
Section 245(a) of the act is the section of law which permits an alien, who is
the beneficiary of an immigrant visa, to adjust status to that of a lawful
permanent resident, provided that the following requirements are met:
• The applicant was inspected, admitted or paroled into the U.S.;
• The alien has made an application for adjustment;
• The applicant is eligible to receive an immigrant visa;
• An immigrant visa is immediately available to the applicant at the time his
application was filed;
• The applicant is admissible to the U.S. under section 212 of the Act.
Section 245(k) is for those employment-based applicants who are ineligible to
adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section
245(a), the officer should first consider eligibility under section 245(k). If
section 245(k) is inapplicable, section 245(i) should then be considered.
Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,
Section 245(i) is available to an alien physically present in the U.S. who:
• entered without inspection; or
• violated status (ineligible under 245(c))
There are several record checks that must be performed before an applicant
for adjustment of status can be granted a benefit. These record checks are
performed by other government agencies in cooperation with INS. The
Central Intelligence Agency (CIA), the Department of State (DOS) and the
Federal Bureau of Investigations (FBI) all perform specific background
checks. Each specific background check is outlined below.
read more
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf
Good lUck and keep share info with main points
quick extract. for new ppl
When an I-485 is accepted at the Service Center, requests for FD-258 FBI
fingerprint checks, fingerprint fees, and G-325A consular background checks
are made by INS. Responses to these requests come back to INS and must be
matched up with the appropriate files held in staging. File Maintenance "file
connects" these responses to the corresponding files.
Fingerprints are a requirement for all applicants 14 through 79 years old to
determine if they have criminal histories. After a case is data entered, the
applicant is scheduled for fingerprints. Fingerprints are collected at the
Application Support Centers (ASC), and sent to the FBI for criminal checks.
Using the fingerprints, the FBI will verify whether the applicant has a
criminal history. Once verified, the FBI will send a response indicating the
results of the fingerprint check.
There are 4 types of responses that can be sent from the FBI:
• IDENT--The applicant was identified in the FBI database,
• Non-IDENT--The applicant was not identified in the FBI
Database,
• Reject--The applicant’s prints were rejected, because the
Fingerprints were unreadable by the FBI, and
• Pending--The FBI is conducting a more thorough search on the
Fingerprints.
While the INS is waiting for a response from the FBI for a particular
applicant, File Maintenance stages the file by date of data entry.
If a response is not received, leave the file on the I-485 hold
shelf until the purge date.
**Family packs should be staged until responses are received
for all family members.
FD-258 Fingerprint Response Purge: The INS has established a 120-day
waiting period from the date of fingerprint scheduling to allow applicants to
submit fingerprints. When an applicant fails to appear for fingerprinting or a
response is not received within that 120-day period, and the applicant has
otherwise not advised the INS of a change of address or requested that he be
rescheduled, the case must be denied for abandonment. Accordingly, after
120 days, File Maintenance must check any remaining files for receipt of a
processed FD-258 or evidence of a change of address or request for
rescheduling. Perform the task "FD-258 Fingerprint Response Purge" for
purging of all files awaiting a FBI response.
If the FBI Response Description is...
NON-IDENT
Or
IDENT
Route the file to Workload
Distribution.
IDENT
Route the file to the INS
POC for FBI contact
regarding the rap sheet.
After the case is consolidated, connected and purged by File Maintenance, it
is routed to Workload Distribution (WD). WD is in charge of staging, routing
and distributing files. There are five different types of staging areas that
Workload Distribution handles:
• Work ready for adjudication;
• Work awaiting a response from a request for evidence;
• Work awaiting a response from an Intent to Deny;
• Work awaiting submission of an I-89 card;
• Work awaiting a visa number.
Workload Distribution may stage files awaiting evidence for a Request for
Evidence. These files are shelved under a separate RAFACS code. An
applicant has 87 days to respond to a Request for Evidence. After the
applicant sends in the requested evidence, Workload Distribution file
connects these pieces of evidence with the appropriate case and then returns
them to the adjudicator who originated the Request for Evidence. If the
applicant does not respond within 87 days, the application is considered
"abandoned" and is sent for local abandonment processing.
The response is updated in
CLAIMS, matched to the file
and routed to the appropriate
adjudicator.
Workload Distribution may stage files awaiting evidence for an Intent to
Deny. These files are shelved under a separate RAFACS code. An applicant
has 30 days to respond to an Intent to Deny. After the applicant sends in the
requested evidence, Workload Distribution file connects the evidence with the
appropriate case and returns it to the adjudicator who originated the Intent to
Deny (if no fee is involved). If an additional fee is involved, Data Entry will
request the file from Workload Distribution when the fee is submitted with
the Intent to Deny notice. Data Entry will route the file to the adjudicator
who originated the Intent to Deny. If the applicant does not respond within
33 days, the application is considered "abandoned" and is sent for
abandonment processing.
Section 245(a) of the act is the section of law which permits an alien, who is
the beneficiary of an immigrant visa, to adjust status to that of a lawful
permanent resident, provided that the following requirements are met:
• The applicant was inspected, admitted or paroled into the U.S.;
• The alien has made an application for adjustment;
• The applicant is eligible to receive an immigrant visa;
• An immigrant visa is immediately available to the applicant at the time his
application was filed;
• The applicant is admissible to the U.S. under section 212 of the Act.
Section 245(k) is for those employment-based applicants who are ineligible to
adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section
245(a), the officer should first consider eligibility under section 245(k). If
section 245(k) is inapplicable, section 245(i) should then be considered.
Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,
Section 245(i) is available to an alien physically present in the U.S. who:
• entered without inspection; or
• violated status (ineligible under 245(c))
There are several record checks that must be performed before an applicant
for adjustment of status can be granted a benefit. These record checks are
performed by other government agencies in cooperation with INS. The
Central Intelligence Agency (CIA), the Department of State (DOS) and the
Federal Bureau of Investigations (FBI) all perform specific background
checks. Each specific background check is outlined below.
read more
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf
Good lUck and keep share info with main points