Saturday, February 7, 2015

What Is the Procedure of FBI Name Check?

What Is the Procedure of FBI Name Check? Question: My NIW Green Card application has been approved, thank you very much for your very helpful NIW DIY package! I and my wife also filed the I-485 application, and we just get fingerprinted. We were told that we need to wait for the FBI name check. What is the procedure of the "FBI name check", and how long it would take? Answer: All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. http://www.greencardapply.com/question/question14/I485_Name_Check_0608.htm http://www.greencardapply.com/i485.htm

Application Documents for P3 Visas - Culturally Unique Individual or Group

Application Documents for P3 Visas - Culturally Unique Individual or Group Question: I am a singer in a performing group. Our group is invited to perform at an noncommercial cultural event this summer at Chicago by a U.S. organization. We were told that we need to apply for P3 visa to come to U.S. to participate the event. What kind of documents we need to prepare the P3 visa application? Answer: The P3 visa is for artists or entertainers who come to United States to develop, interpret, represent, teach, or coach in a program that is considered culturally unique, either individually or as part of a group. The art or entertainment program may be of either a commercial or noncommercial nature. The P3 applicant must be coming to United States to participate a cultural event or events that will further the understanding or development of an art form. For P3 visa application, the U.S. employer should submit an application to USCIS on behalf of the alien applicant, including the following evidence: 1) statements from experts in the field, to show the authenticity of the person or group’s skills in performing, presenting, coaching, or teaching the unique or traditional art form. 2) evidence that the person or group’s art form is culturally unique, as shown by reviews in newspapers, journals, or other published materials, and that the performance will be culturally unique. www.greencardapply.com/question/question14/P3_Visa_Application_0607.htm http://www.greencardapply.com/pvisa.htm

The Basic Requirement for EB1 Extraordinary Ability application

The Basic Requirement for EB1 Extraordinary Ability application The first basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you have extraordinary ability in your field. The EB-1 extraordinary ability immigrant visa is for alien applicants who are recognized as being at the very top of a field, and who are coming to U.S. to continue their work in the field. To establish the eligibility EB-1 extraordinary ability application, the petitioner must demonstrate sustained national or international acclaim, and that the alien applicant's achievements have been recognized in the field. The following are the USCIS requirements for EB1 Extraordinary Ability application: "The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States." http://www.greencardapply.com/ea.htm http://www.greencardapply.com/ea/extraordinary-ability.htm

The USCIS' Two-Part Evaluation Approach for EB2 National Interest Waiver Petition

The USCIS' Two-Part Evaluation Approach for EB2 National Interest Waiver Petition The USCIS' Two-Part Evaluation approach adjudication method applies to EB2 National Interest Waiver Petition. The evidence listed in the NIW regulations serve only as guidelines for the petitioner. Eventually, the submitted evidence should establish that the "proposed benefit will be national in scope", and the "national interest would be adversely affected if a Labor Certification were required." USCIS adjudicators will use the Two-Part Evaluation process to evaluate the submitted evidence with an EB2 National Interest Waiver petition. First, USCIS adjudicators will evaluate the submitted evidence to determine which evidence meets the regulatory criteria, by a preponderance of the evidence. Second, USCIS adjudicators will evaluate the submitted evidence together, for the final merits determination regarding the total requirements for the EB2 National Interest Waiver immigrant visa category. Simply presenting evidence which relates to the EB2 National Interest Waiver criteria does not necessarily mean that the immigrant visa application should be approved, since the USCIS adjudicator needs to evaluate the submitted evidence. If the USCIS adjudicator determines that the evidence does not meet the standard for EB2 National Interest Waiver classification, the additional evidence may be requested by USCIS, or Request For Evidence (RFE). http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-questions.htm

The Basic Requirement for EB1 Extraordinary Ability application

The Basic Requirement for EB1 Extraordinary Ability application The first basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you have extraordinary ability in your field. The EB-1 extraordinary ability immigrant visa is for alien applicants who are recognized as being at the very top of a field, and who are coming to U.S. to continue their work in the field. To establish the eligibility EB-1 extraordinary ability application, the petitioner must demonstrate sustained national or international acclaim, and that the alien applicant's achievements have been recognized in the field. The following are the USCIS requirements for EB1 Extraordinary Ability application: "The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States." http://www.greencardapply.com/ea.htm http://www.greencardapply.com/ea/extraordinary-ability.htm