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  • Name Check for KI Fiance Visa

    Hi -

    My fiance had his interview on August 18, 2005 at the US consulate in Mumbai, India. They told him that his case has been put to pending because they need to get name check clearance done for him by the Department of State.

    It has been 1 month and the case is still pending. I have contacted my congressman for help. Everytime I call the Department of State they tell me that this case can take 18 MONTHS!! This is nuts. Is this normal for an immigration visa as oppose to a non-immigration visa. I don't know what more to do. I don't want to to take 120 days! My fiance has a typical muslim name. However, this should not be an excuse to keep us apart.

    Any advice? Comments?

  • #2
    Ok, points one through four, but where did Mira say she was going to sue?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

    Comment


    • #3
      Please go to the main thread of FBI Name Check which is seeing an increase of postings everyday.More and more concerned people are writing to express their frustrations on this but unfortunately neither you nor I nor anyone can do anything to ease it.
      They take their time and yes not even a Congressman can help with it.
      I have heard about someone whose clearance is pending for 4 years and the average time FBI replies to your email is 6 months and to add salt to the wound,the reply is auto-genarted which says:Clearance pending.
      Someone here posted that he/she actually talked to an FBI agent who replied that they were working on a special project and that they shouldn't be disturbed for atleast 3/4 months.
      Patience is the key but even patience has a limit.You can't wait forever.

      Comment


      • #4
        SAMMY made very strong points, and I concur with each one of them. I am in the same position, and all Mira and I can do is just understand and accept the hard facts.

        Here is more information about how this works:

        "These additional measures that some individuals are subjected to and that are leading to unexpected delays involve three kinds of security checks affecting both nonimmigrant and immigrant visa processing. If the application is flagged as a possible security concern when a consulate receives a visa application, a request is sent to the Department of State (DOS) for security clearances.

        The first possible check is the CONDOR clearance. It is difficult to anticipate whether or not an individual will be subject to this security clearance since the criteria is classified. However, some of the factors that may result in a name being cross referenced through CONDOR include:

        - Information disclosed on the visa application Form DS-157. Responses to questions regarding travel to predominantly Muslim countries in the last 10 years, prior employment, military service for certain nationals, and specialized skills or training.

        - Country of Birth, Citizenship, or Residence.
        Individuals born in one of the seven countries currently designated as state sponsors of terrorism, Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.

        - Individuals born in one of the "List of 26" countries which the USCIS has not publicized but includes Arab and Muslim countries including: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen Pakistan, Saudi Arabia, Bangladesh, Egypt, Indonesia, Jordan, and Kuwait among others.

        DOS reports indicate that approximately 80% of CONDOR clearances are completed within 30 days. If a CONDOR check has been pending for over 90 days, inquiries to the DOS are recommended.

        The second possible check is the MANTIS clearance. This is a "sensitive technology" alert based on whether an applicant is involved in any of the 15 categories found on the Critical Fields List (CFL) of DOS' Technology Alert List (TAL). The TAL includes an expanded list of technologies with potential "dual-use" applications. Some of these technologies appear benign but are deemed to have potential military applications.

        The list is very comprehensive and includes almost every possible associated technology or skill involving chemistry, biochemistry, immunology, chemical engineering, civil engineering and pharmacology to name a few. Having such a broad all-inclusive list means that most research scientists, physicians, academics and engineers involved in any of these fields could be subject to the MANTIS clearance. So it is very possible to run across a consular officer who will decide to err on the side of caution and obtain a MANTIS clearance prior to issuing a visa. Based on current DOS guidelines, generally, a MANTIS clearance is not warranted if the technology falls within the public domain where it is widely available to the public, or if it involves information that would generally be taught in an academic course. In addition, recently there have been reports of a substantial increase in the number of MANTIS "hits," particularly for nationals from Russia, China and Hong Kong.

        DOS reports indicate that approximately 80% of MANTIS clearances are completed within 30 days. If a MANTIS clearance has been pending for over 90 days, inquiries to the DOS are recommended.

        The third possible check involves then NCIC Criminal clearance. Unfortunately, for those with common names (Gonza***, Mohammad, Smith, etc.) false hits are occurring with increased regularity. An NCIC clearance can take four to six weeks to process. Approximately seven million names have been dumped into the system, and about half of them are Latino, resulting in a large number of false hits and delays for persons with common Latino names. If you have a common name, Third Country National processing in Mexico may be advisable at posts that have implemented a pilot fingerprint program. This pilot program allows posts to process clearances on "false" hits the same day, and clearances for positive hits in as little as two days.

        Even if you have maintained a spotless immigration record and have never had more than a traffic violation, false hits are the biggest headache for unsuspecting visa applicants. Individuals with common Muslim or Latino names are almost guaranteed hits in CONDOR or NCIC."

        Comment


        • #5
          You are right my name check been pending for 2 years and 7 months now i called the fbi they said the same think about the special project .neither the congress men nor the senator was able to help me i dont now what to do I have nt seen my family for 5 years and i still waiting this is F****UP !

          Comment


          • #6
            tony897

            If you don't mind me asking, which consular office is your case being processed?

            I am going through London.

            Thanks

            Comment


            • #7
              I am here in the us my application is in tampa office (florida ) waiting for the name check to clear !

              Comment


              • #8
                tony897

                I am not sure the difference in security clearance between Adjustment of Status and Consular Process very well. I assume, AOS applicants will first need to get the figer-prints done before their interview. That's not the case for consular process applicants. I already had my interview, and everything was succesful, except this consular officer told me that she couldn't issue me a visa until NCIC(FBI) clearance has been made.

                So, my guess would be, generally AOS timeline are longer than consular process timelines anyways, so that may have something to with the rate of the clearance being made - or possibly priority could be given to consular applicants - I am not sure. The average security clearance for someone going through foreign embassy would be 4 weeks, 45 days is generally the max. There are cases where it took forever, but then again I am just basing this on what I read on other immigration forums.

                Thanks

                Comment


                • #9
                  Yes i think its true about people going through US embassies and consulates in other countries.Generally it is being observed that security clearance for those already in US is taking much longer than those waiting at foriegn posts...Why is this?...I have no idea.

                  Obviously for someone who has waited 13 years for his priority date to become current,he will not be made to wait for another 2 years just for his security clearance.That doesn't make sense.
                  By the way modern computer softwares are capable of processing millions of queries per minute.Why does the FBI take years for a name to get cleared.I hope they are not discouraging legal immigration by doing this.After all immigration is the in the least of US lawmakers interests.

                  Comment


                  • #10
                    Mus

                    For consular process clearances, it's not the FBI that causes the delays (actually FBI does 90% of the name checks within 72 hours), but rather the State Department, who does further investigations with it's sister agencies.

                    This profiling system is a BIG mistake in my opinion. Since it was implemented, no terrorist was actually caught, so I don't see why they had to raise the bar so high to make everyone suffer.

                    Comment


                    • #11
                      Hi -

                      Thank you ALL so much for replying to my post. The advice and information that you all provided was very helpful.

                      I called my congressman office and he told me that he sent a letter to the Department of State and the US Consulate in Mumbai, India. He said we should hear something in 30 days or more. Well, this is not going to help me because the investigation is done here in the states. He was such a moron! This is where our tax money go to...a bunch of ignorant people that can't do much for us.

                      The person at the congressman office also told me that FBI does not do the name check clearance. FBI is only domestic and not international. I was like dude do you know your information.

                      Anyhow I am back to square one and looking at a black hole. The only thing that can help now are my prayers.

                      Can any of you tell me what country you or your fiancé are in that is pending a name check? My fiancé is in India.

                      Also my fiancé's name is Mohmmed which is double horror for me. I may never see him come to America. Let alone it is already hard maintaining a relationship with a person across the world from me. I have no faith in the system because it is not organized and it is all politics.

                      Comment


                      • #12
                        Mira, sorry to hear you going through all that trouble.

                        My name is Mohamed, and I am going through London under familybased visa. As I mentioned before, I was already interviewed, this NCIC (FBI) name check is all that stands in the way, between me and the visa.

                        Good luck

                        Comment


                        • #13
                          I just got off the phone with the FBI Liason office at (304)625-5590. I gave the agent my first and last name, and immediately told me that there were a lot of hits under that name. She also told me that they haven't received my fingerprints yet, and to check back next week for results.

                          Incase anyone is wondering where this office is located, it's based in West Virginia.

                          Comment


                          • #14
                            Mo -

                            I called that number and the person told me that they do not do status name checks there. What did you say to that person? When was your interview again?

                            I read somewhere that people in Pakistan have been waiting 2 years for a name check and that guy is married to a US Citizen.

                            I am a US Citizen too. I don't know what to think anymore.

                            Again I called the US Department of State and they told me the case is pending. This is what I expected.

                            The name check is the only thing that stands in my fiance's way to0 for a visa.

                            Comment


                            • #15
                              Mira

                              I knew the West Virginia office wouldn't help me with the name check, but I called anyway to see if their system would pull up "hits" on my name. So there it was, the hits on my name were actually true, but they need to be physically checked by the DC office, which unfortunately doesn't have a status check service, except via email.

                              Comment



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