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Name Check for KI Fiance Visa

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  • #61

    Based on my findings on background checks, ARs are normally based on the commonality of applicants names which is in the NCIC criminal database (typically 4-6 weeks delay), and another hit because for male applicants on the "List of 26" nationals that are subject to additional security clearances (3-4 concurrent week delay).

    So, you can consider this as a cycle of 4-6 weeks cycle, from the moment the embassy sends cable to DC - to when DC responds to the cable, and the embassy contacts the applicant. Hence, Mira's spouse got his clearance in 5 weeks.

    Some embassies are not well trained about this process, so they initiate secondary (possibly, 3rd and 4th)requests on their applicants, which starts again another fresh 4-6 weeks cycle for each request. This is the real source of the delays. I personally think Islamabad has a really good system in place for background checks, which prevents serious delays from their applicants.

    Just my theory.


    • #62
      The US Embassy in Islamabad is one of the major centers of Department of State overseas and you know and everybody knows why.
      Based on recent visa cases that one has come to know I noticed there is a greater level of efficiency found here than maybe elsewhere.Personally I have found the staff to respond to emails very promptly and the processing of paperwork has improved a lot.


      • #63
        No doubt that General Musharaf being someone who is currently considered as a top friend in the US foreign policy.


        • #64
          In case a person used to work for US Embassy, he applyed for a visist visa and his name hit the check list his passport was heldup by the Embassy and he was informed about that. After 10/15 days time he was cleared and issued a visa, and wrote he is not the same at the bottom of his visa the officer who wrote he stamped his name and title as well. After 25 yaers of service he and filmy was issue with the Immigration Visa, and have been in US for more then five years.
          They are ready to file N-400, NOW WHAT HAPPEN TO THIS GUY WHEN HE GO"S FOR HIS FINGER PRINTS.
          Any comments/and what is the law in this regards.


          • #65

            I'm surprised to hear that most name checks for non-immigrant visas are getting done in 2/3 weeks. My wife went for her interview back in June and is still waiting on a Name Check Clearance for a Spouse Visa. But it seems as though they're taking much longer for immigrant visa name checks. Any idea about how long anyone else had to wait for those in Islamabad? All the Islamabad embassy is really telling us since her interview date is that they the case is in 'Administrative Processing".


            • #66

              The division within the DOS that plays an active role in SAO is the CA/VO/L/A (Consular Office / Visa Office / Legislation / Advisory Opinions Division). This division renders advisory opinions to posts abroad on questions involving proper visa classification, specific grounds of visa ineligibility under 212(a) (other than security grounds), and other legal issues concerning visa applications. VO/L/A also ensures that visa records comply with the Freedom of Information Act and the Privacy Act. This division also is responsible for reviewing, at the request of third parties including congress and private attorneys, consular decisions in individual visa cases. In this capacity, CA/VO/L/A will send inquiries to posts requesting details of a specific case. Officers in the field should understand that VO/L/A'S role is limited to reviewing questions of law, rather than questions of fact. In VO/L/A, the division of portfolios geographically is based on the location of the post, not the nationality of the applicant.

              There is another division, CA/VO/L/C (Coordination Division) which I think is also involved in name checks. This office coordinates with the FBI, CIA, other U.S. government agencies and policy offices within the department on visa matters involving national security. The division handles all Visas Donkeys, including DEA-00 hits. It renders security advisory opinions (SAOs) on the visa eligibility of aliens coming within the purview of 212(a) (3) (other than organized crime under 212(a) (3) (a) (11)) and 212(f) of the INA). VO/L/C also exercises departmental authority in recommending to the Attorney General that waivers of ineligibility be granted to aliens to permit their temporary admission to the United States. This division also provides guidance to the field on security and relevant political issues as they concern visa issuance and denial. Unlike VO/L/A (advisory opinions division), case officers in VO/L/C process cases by nationality of the applicant, not the post that sends in the SAO request.

              So, since both divisions could each or both be involved in security clearance, and they both operate the opposite ways (based on nationality of the applicant and his/her consular post), I think it's hard to determine whether a nonimmigrant visa is quicker to process than an immigrant one, and vice-versa.

              Again, a name check may not necesseraly be a name check, but much more about the applicant's overall profile. Each applicant is looked at according to it's own merit. Unfortunately, this is the PATRIOT ACT in disguise.

              Good luck

              - mo


              • #67
                Hello Mira,
                HI My husband has his appointment in July and we are still waiting for his securty clearance it have been 3 months i have tried everything congressmen, calling, NVC you named it i called it still nothing I havent seen my husband for over 6 months (( he is from Turkey and also has a muslim name his name is Mahmut and we are so sad it is very hard being apart from someone you love i pray everyday and night for him to come back to me sometimes i feel like i will never see his face again and reading what others posed about the wait time just made me cry I dont know what to do anymore i am desperate and lonley


                • #68
                  Mo, Where are you in the US, Your post of Oct. 11, says that you have worked for the US Embassy at some point?


                  • #69

                    I am an immigrant visa applicant. I never worked for a US embassy, the information I provided is based on personal analysis on advisory opinion guidelines I found on the State Department's website.


                    • #70
                      About your wife's clerance pending since June as you mentioned,there are two factors to look into it.
                      The embassy sends cable for name check soon as they receive back the packet 3.5 in immigrant cases.The general rule of thumb is that the sooner you get the interview date the longer it will take for clearance and the further you get the interview date the sooner the clearance.I would rather see the later as a better option for any applicant.No doubt the wait is painful earlier or later.
                      We have encountered atleast two immigrant cases in this forum from Islamabad who each got their clearance done in 5 weeks.A name check is a name check and it has no differentiation between a non-immigrant and an IV since they have to match the names from their database for anyone entering the US.I stand by my observation and can cite 3 instance I have personally met from Islamabad who got their clearance done in less than 4 weeks.
                      Abut the technicalities and rules involved,Mo can better better explain it and he has already done so many times in his posts.
                      Wish you get yours done for your spouse soon.
                      Are you based in Islamabad?


                      • #71
                        Here are some congressional testimonies on name checks, for future references:

                        "We have made great progress in improving the inter-agency security clearance process in recent months by moving from a paper-based system to electronic transmission, thereby greatly enhancing response times and accountability. The Security Advisory Opinion Improvement Project (SAO IP) has been fully implemented at all posts and has produced noticeable efficiencies in SAO processing. As SAO requests and responses now flow electronically, there is no longer any possibility for a case to get lost" - Janice Jacobs, Deputy Assistant Secretary for Visa Services, Remarks before House Government Reform Committee, Washington, DC. September 9, 2004

                        "The other clearing agencies (beside FBI) generally take 15 working days to respond to SAOs but, occasionally, they notify the Visa Office when they need additional time to clear a specific case." - Janice L. Jacobs, Deputy Assistant Secretary of State for Visa Services, Testimony before the House of Representatives Science Committee, Washington, DC February 25, 2004

                        "I can tell you, Mr. Chairman, that with the advent of new visa screening requirements in late 2001, specifically the Visa Condor program, the FBI was overwhelmed by the increase in names to be checked. We did experience a backlog, and visas requested in the spring and summer of 2002 were delayed beyond the time period travelers had anticipated. We have all but eliminated the backlog, and have worked together with the State Department to ensure that any old visa requests have been accounted for and processed. The days of what some people would characterize as an unreasonable delay have now passed us by... The consular officer will submit their name check requests by cable, simultaneously to both the FBI and State Department headquarters... Approximately 85% of name checks are electronically returned to the Department of State as having "No Record" within 72 hours" - Testimony of Robert J. Garrity, Jr., Acting Assistant Director, Records Management Division, FBI. Before the House of Representatives, Committee on Government Reform. July 10, 2003


                        • #72
                          I completly understand you my husband and i are going through the exact same problem my husband is from turkey and he has a very muslim name to i called and have done everthing i miss my husband terribly and miss him so much all i can do is pray and wait i guess. His security check has taken over 3 months


                          • #73

                            What references did the embassy make on the 221(g) letter (administrative process form) your husband was given? did it just say: ADMINISTRATIVE PROCESS - or something else?

                            3 months is uncommon, but it can take that long for certain cases. I think you should call the DOS's Visa Office, and press the visa specialists there to give you more information about status of the name-check on the case. Some of the operators will not share that information with you, simply because they are given a guidance by the DOS to treat details of name-check cases as confidential. However, there are nice operators who are willing to give you the status of security cables sent to outside agencies (FBI, CIA, DHS, etc), all cables are coordinated by the State Department.

                            In my situation, I know 3 clearances has been requested on my case. One of them cleared in 48 hours from the moment it was requested, the others are still pending. I am not sure what databases my name is being checked on, but I have a strong feeling 2 of them are getting done by the FBI (NCIC-III and NNCP databases), the other one I am not sure. So far I have been waiting around 5 weeks.

                            Good luck

                            - mo

                            P.S. The DOS's Visa Office number is 1-202-663-1225 (press option 1, then 1 again, then 0 to get to through a live Visa Specialist).


                            • #74

                              Yeah we had to wait about 2 months for her interview, but I guess that's about an average wait period for the interview date. It still seems confusing as to why it is taking so long. I got word for the state department, that the Embassy sent another request in September for a Name Check Cleareance. Guess I'll have to wait till November to see if they hear anything back. Heh, no I'm not in Islamabad. Currently out in New York. Almost went there with my wife last month to get more information. But I figured it would be a waste of time since they would just tell me what I was told on the phone...Pending Administartive Processing.
                              Thanks for the well wishes.
                              I'll keep you guys posted if I hear anything back. Let me know if you have hear about any other cases that might be interesting?


                              • #75
                                My sister-in-law has her immigrant visa interview in Islamabad in December. She got the interview date in early September. Her visa issue date will give an idea about the name clearance timeline in Islamabad. I will post it here when she gets the visa.


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