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  • #16
    Perhaps I-864A should have to be already filed by now, isn't it a bit late now to present the I-864A during the interview, just a question...

    Comment


    • #17
      No, its not late. INS ask the both forms at the time of interview.Why?
      here it goes.
      Lets say, USC was working and filled I-864, met the poverty line.
      By the time of interview she lost the job. there is no more support, now INS has to make sure the Alien meet the requirement of povertyline, as USC/sponsor is not qualify,so it looks for joint income of family ( member of household, even if he is working without EAD, but he has to be spouse of USC). if the family didnot qualify then they need co sponsor.)
      no matter what Poverty line has to be met at the time of approval.

      Comment


      • #18
        Thanks for all your help Mohan. You don't know how much it means to us.

        Comment


        • #19
          The INS Commissioner recently announced that the INS is implementing a "zero tolerance policy," meaning each aspect of the immigration process will be strictly enforced. INS officers are now much less likely to favorably exercise discretion in granting immigration benefits and admitting foreign individuals into the country. One pertinent example is that the INS generally is no longer granting extension or change of status requests when the individual has been out of status for any period of time. Previously, the INS typically granted such requests in its discretion so long as the individual had not been out of status for more than 60 days or so. The zero tolerance policy is now resulting in U.S. port of entries strictly enforcing H-1B requirements. For example, if an individual has an H-1B approved for work in California and then subsequently has his/her work assignment changed to Boston, the INS Inspectors at Logan Airport have been instructed to request from the entering H-1B nonimmigrant evidence of the change of assignment, such as an attorney's letter, letter from the employer, copy of the U.S. Department of Labor's Labor Condition Application filing for the Boston area or a new approved application.

          Comment


          • #20
            All field adjudicators that they are to complete all appropriate security background IBIS checks, regardless of the INS benefit, and that a final adjudication cannot be made until all clearances have been obtained. An additional memorandum was issued on November, 21 that seeks to clear up various misconceptions about the November 13th memorandum and assist INS offices in responding to inquiries relating to the November 13th memorandum.

            There are two key points that need to be clarified regarding what the memorandum did NOT say,

            - The memorandum only applies to asylum, adjustment of status and naturalization applications and not to travel documents or employment authorization documents. Previous rules requiring IBIS background clearances on work and travel documents continue to apply.

            - There is NO moratorium on issuing approvals on the applications covered in the memorandum.


            --------------------------------------------------

            The original memorandum instructs all INS offices to cease same-day adjudications of benefits when there is not a temporary A-file created for a particular applicant. The memorandum also instructs officers to "ensure that benefits are not granted to ineligible applicants." While this might seem to cover work and travel documents since they are typically the only applications adjudicated on a same day basis, a source at INS headquarters confirmed that this is not the case. It is not clear what other types of applications could potentially be approved on a same day basis, but it has become clear that it is this particular item in the November 13th memorandum that has caused the most confusion at local INS offices.

            --------------------------------------------------



            __________________________________________________

            http://discuss.ilw.com/eve/forums?a=...681#1956049681

            Comment


            • #21
              above thread is a statement , where is the question?
              INS want to track down the alien within the countryand Zero tolerance policy is strictly inforced. if alien have any kind of violation(INS)it will be flaged by IBIS system.

              Comment


              • #22
                Some illegal friend of yours, Mohan, that was detained when he went to pick up the EAD? But then again, INS does not usually do the IBIS check before issuing the EADs, does it?

                Comment


                • #23
                  Sorry for the incorrect 'structuring' of the sentence. It should read:

                  "But then again, INS does usually do the IBIS check before issuing the EADs, doesn't it?

                  Comment


                  • #24
                    INS performs background checks using the "IBIS" database for all types of applications and petitions, whether filed at the regional Service Centers or the local District Offices. These checks occur within 15 days of receiving the case and remain valid for 35 days. If the adjudication occurs more than 35 days after the IBIS check, a new check is required.

                    These timeframes can become an issue for Adjustment of Status (I-485) applications. In those cases, the Service Center sends an approval notice directing the applicant to the Local District Office for a passport stamp. If the passport stamp is done within 35 days of the last IBIS check, no additional check is needed. If a further IBIS check is needed before the passport can be stamped, it may take only a day at many of the local offices. However, if the check results in a "hit" (a match with a record on file of a person with a criminal issue or other serious problem) the case may take much longer to resolve.

                    Note that, since IBIS is a name check system, if one has a very common name there may be a "hit" based on the record of some other person who happens to have the same name. In the event of a hit, the local office is required to place a stamp in the passport as evidence of permanent resident status, valid for 30 days only. This stamp will provide evidence of authorization to work and will allow travel for the 30-day period.

                    On the other hand, the INS issued a memorandum in November directing all INS offices to stop same- day issuance of benefits when there is a temporary "A" file. The "A" file is the official INS file, which should include all the information available on an applicant. The INS sometimes creates temporary "A" files, when the permanent file is with another office or in other similar situations.

                    Even when the regular "A" file is available, the Memo requires elaborate procedures that will result in delays in the process. As a result of the Memo, all INS offices that previously issued Employment Authorization Documents (EADs) and/or Advance Paroles (APs) on a one-day or walk-in basis no longer do so.

                    The terms of the Memo hold the adjudicators responsible for obtaining and reviewing the entire "A" file to determine whether there is any information that would make the applicant ineligible for the benefit sought. One must also review all the information in the file obtained via background checks. When reviewing IBIS name checks, they must look for potential aliases, i.e. other names used. IBIS checks are also required on the additional names. If the IBIS name check results in an indication from the FBI that a record exists or may exist, the application for EAD or AP must be put "on hold" until a definitive determination can be made as to whether the "hit" pertains to the individual in question. The INS adjudicator must document all the efforts and the results.

                    INS adjudicators must exercise even greater care when working from a temporary "A" file. In addition to having to undergo all the standard background checks, the adjudicator must review the INS Central Index System (CIS) for other records pertaining to the same applicant within INS. Any such files must be reviewed, the issue resolved, and the entire matter made part of the file. If no records are found, INS places a note to that effect in the file. All such cases must be reviewed and approved by a supervisor prior to final approval. The only appropriate supervisors are the Assistant District Director for Adjudications, the Assistant Service Center Director, or the Officer in Charge. This supervisory role cannot be delegated to any lower-level supervisors.

                    Comment


                    • #25
                      You got your answer in above thread.
                      By the way all are my friend , legal, illigal, LPR, citizen. I don't and won't make any difference between status/religion/color/etc etc. IF I know something I will help otherwise I will let it go.

                      Comment


                      • #26
                        Mohan has explained what he wanted to say on this other thread


                        http://discuss.ilw.com/eve/forums?a=...1&m=8166056791

                        Thanks Mohan.

                        Comment


                        • #27
                          up

                          Comment


                          • #28
                            The INS Commissioner recently announced that the INS is implementing a "zero tolerance policy," meaning each aspect of the immigration process will be strictly enforced. INS officers are now much less likely to favorably exercise discretion in granting immigration benefits and admitting foreign individuals into the country. One pertinent example is that the INS generally is no longer granting extension or change of status requests when the individual has been out of status for any period of time. Previously, the INS typically granted such requests in its discretion so long as the individual had not been out of status for more than 60 days or so. The zero tolerance policy is now resulting in U.S. port of entries strictly enforcing H-1B requirements. For example, if an individual has an H-1B approved for work in California and then subsequently has his/her work assignment changed to Boston, the INS Inspectors at Logan Airport have been instructed to request from the entering H-1B nonimmigrant evidence of the change of assignment, such as an attorney's letter, letter from the employer, copy of the U.S. Department of Labor's Labor Condition Application filing for the Boston area or a new approved application.

                            Comment


                            • #29
                              Significant increase in number of visa denials by U.S.

                              TIMES NEWS NETWORK[ THURSDAY, APRIL 03, 2003

                              AHMEDABAD: The US immigration authorities have been rejecting greater number of visa applications. The number of refusals has dramatically increased in 2002-03, and an increasing number of Indians are losing out. Piyush Shelat, a medical professional staying in the US for the last 10 years, had made a visa application in 1996 for status adjustment in the US after his wife Sangita Shelat received US citizenship. "My application for adjusting the visa status was rejected within minutes," says Shelat. He, now faces deportation, had overstayed on his visitor visa in 1994. Many like Shelat have been turned down by the US authorities this year. With stricter checks, many, who may have otherwise been eligible for becoming US permanent residents, are presently facing deportation from the US, inform immigration lawyers in the US. Gregory Siskind, immigration attorney from Siskind, Susser, Haas & Devine in the US says that for security reasons, the US Immigration and Naturalization Service (INS) has adopted a zero-tolerance policy on all cases.

                              "INS may reject the application for minor reasons, including status violations or incorrect answers on forms. Minute mistakes may also lead to application rejections," says Siskind. In the past, the agency was flexible and would judge the overall circumstances when making decisions. From March 1, the Bureau of Citizenship and Immigration Services (BCIS) has taken over charge from the INS. And backlogs are again up at the INS since the switch. "It also has an impact on my clients," says Siskind. "Obviously denials and backlogs are not good. With this, a person's immigration hopes could be dashed." With increasing number of denials, the board of the immigration appeals system, a watchdog set by the US Justice Department in 1940 over immigration courts, is also swamped with cases. The changes pushed by attorney general Ashcroft directed the Board of Immigration Appeals to clear 56,000 backlog cases by March 25, notes Los Angeles Times.

                              A review conducted by The Times found that to meet this deadline the Board of Immigration Appeals rejected 86% of its appeals in October, compared to 59% the previous October. With proliferation of summary decisions without explanations by the board, "Immigrants are appealing to the federal court system in unprecedented numbers, creating another backlog," notes the L.A. Times. Immigrants and their lawyers in the US are anxious over the recent increase in denials and the subsequent backlog of cases. Robert Gottfried, an immigration lawyer in the US says, "At the New York District Office and the Vermont Service Center, there are 1000s of cases that remain unadjudicated. The Vermont Service Center is currently adjudicating employment cases received in the fall of 2001. The New York District Office are scheduling interviews for family-based cases filed in May 2001 for July 2003. They are supposed to shut down for interviews in the month of April, in order work on all their old cases that were interviewed but not fully adjudicated." The checks also take more time because all applications now have to pass an IBIS security check make sure that the individual has no criminal or immigration violations, informs Gottfried. And increase in application backlog has also occurred because the US Immigration and Naturalization Service at one point stopped adjudicating adjustment applications before implementing new rules of fingerprints and thorough background checks, informs Hamel Vyas, an immigration lawyer in the US.



                              http://timesofindia.indiatimes.com/c...?msid=42301511

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