BCIS AOS Interviewers

[Pasha Patel]

Hi mo,

Yes I got your point ... and that's why I wrote I don't know about students' visa ... and I didn't do AOS either...I don't have any personal experience or never dealt with it ... I guess someone else can answer correctly on it or may be give you right info .... If someone works with BCIS, they can answer this one ... otherwise I don't know surety about any answer ... and probably people working with BCIS wont answer on this one due to privacy / security / their policies or techniques. But still good luck with your application or whatever issue u r dealing with and I hope u find a correct reliable answer ... Pasha


I thought my experience could be helpful here but sorry about that...i dont know if we can find a reliable answer here...good luck...

[This message was edited by Pasha Patel on February 21, 2004 at 03:03 PM.]

[marmaduk]

I think for one thing, FBI check is now mandatory for all adjustee. If they haven't been cleared by FBI, they won't get a decision. While in the past, INS assume no news = good news.

What interest me is sometimes these USCIS inspector can pull out information thats technically sealed (such as traffic violations, etc), don't they need a court order first to be able to pull those infos?

[Pasha Patel]

I don't think so ... Its government body and when matter comes to immigration ... I guess they can pull that if they want to ... I don't remember it clearly right now ... but when we submit form ... don't we give consent by signing form to do background check up whatsoever needed ? I just don't remember it right now if that part is included in forms or not...

[Mo]

How does BCIS determine student overstays? since F1 students have D/S on their I94, do they do background check on SEVIS during AOS to determine if the I20 provided is valid?

Isn't this a time-consuming routine - on top of the FBI background checks?

[moondin]

just so you know..

it's easier for DAO's to deny applications based upon previous immigration problems or errors or falsifications -- then it is to write up major paperwork on why they don't think it's a genuine marraige. Which is easily won on appeal anyways.

besides, it's not in the INS's interest to deny someone. Cuz they know that person will probably never leave anyways, and will just live as an illegal. So they rarely do it unless there's criminal activity involved, or they came uninspected in which case they're detained.

-= nav =-

[Glühbirne]

What happens if they are called for an interview and don't show up?

[Mo]

Originally posted by moondin:
just so you know..

it's easier for DAO's to deny applications based upon previous immigration problems or errors or falsifications -- then it is to write up major paperwork on why they don't think it's a genuine marraige. Which is easily won on appeal anyways.

besides, it's not in the INS's interest to deny someone. Cuz they know that person will probably never leave anyways, and will just live as an illegal. So they rarely do it unless there's criminal activity involved, or they came uninspected in which case they're detained.

-= nav =-

so you are saying: If you came here inspected, and you dont have no criminal records, thats all they are concerned about - and take the rest lightly.

Look at this scenario: an F1 student came here legally, but fell out of status for about a year, then somehow obtained another I20 - which makes this student on status again, but no criminal activities. Will the BCIS or AOS (an over 21 son of USC) interviewer be able to catch that previous overstay - or the chances are 50:50? and what are the consequences if they find out... and is there way to get out of that? since the student didnt commit any crime and did get here legally.

Thanks boys.

[moondin]

dao's love to bark, act tough, put on a scare..

but ask any lawyer. They're just glorified "approval stamp" experts.

Most lawyers could care less if your marraige is "genuine". They just want to make sure you came inspected, don't have a deportation order, don't have felonies, and can put together at least 5 pages of "proof". Do that, you're golden.

overstays are forgiven. even coming as a tourist and marrying the next day means nothing. A good lawyer can even argue that out for you.

Any lawyer who can't get you a GC, by satisfying all that above -- is one lousy lawyer.

-= nav =-

[Mo]

moondin

That was an interesting point.

Could you please explain more by what you ment "overstays are forgiven!"? and how are they forgiven?

When does an overstay is determined - before or during the AOS interview?

Remember - I am talking about a F1 Student case who is AOS as an over 21 of USC. What kind of 5 pages of "proof" are we talking about? is SEVIS check involved?

[marmaduk]

He meant those who overstay their status and turn illegals will be able to do AOS upon marriage with USC.

As for SEVIS, its linked to the FBI databases, so anything its possible. I think its pretty easy to detect the lapse of time between your stay, especially if you use the same SS#, then again I never understand how USCIS do their work/make their decisions.

[kenny]

Originally posted by marmaduk:
He meant those who overstay their status and turn illegals will be able to do AOS upon marriage with USC.

As for SEVIS, its linked to the FBI databases, so anything its possible. I think its pretty easy to detect the lapse of time between your stay, especially if you use the same SS#, then again I never understand how USCIS do their work/make their decisions.

[kenny]

Mo,

The question i would ask is how relavent is your out of status to AOS petition. This in turn depends On what basis are you trying you adjust your status. Why don't you clarify your case clearly by answering the following question and hopefully people can give you correct response.

1.Is your case based on a pending labor petition or a family based petition.
2. Your current immigrant status
3. Are you applying under 2001 Life Act
4. If its a based on a labor petion are you paying $1000 fine (This option closed sometime in 1998)

Kenny

[Mo]

Originally posted by kenny:
Mo,

The question i would ask is how relavent is your out of status to AOS petition. This in turn depends On what basis are you trying you adjust your status. Why don't you clarify your case clearly by answering the following question and hopefully people can give you correct response.

1.Is your case based on a pending labor petition or a family based petition.
2. Your current immigrant status
3. Are you applying under 2001 Life Act
4. If its a based on a labor petion are you paying $1000 fine (This option closed sometime in 1998)

Kenny

Ok kenny

1. family based petition.

2. F1, in-status - however was out of status for a period around a year - due to not clearly understanding about transfer procedures between schools - but i have been going to school in that period - i have transcripts to proof it.

3. It doesnt apply to me, due to Physical presence condition by Dec 2000, I entered the country Summer 2001.

4. Doesnt apply again, due family based petition.

Well, the 3/10 year bar doesnt apply to F1 students due to D/S on their I94, the overstay can only be determined by a judge or BCIS agent.

Now, my intent was not to abuse my status, but to study full time as i did, and wasnt aware of my I20 expired due to a poor understanding of how the system works. My dad is a USC and i was continously going to school, and i am about to start a medical school, and i need this AOS to get federal aid.

Any ideas guys of my case being "forgiven"?

[kenny]

Mo,

You are on F-1 now, then you have a legal status. In other words you are doing what F-1 students are supposed to do...ie study. That is good. All they are going to check is questions on 485 (member of terorist group, felony, crime etc). Probably affidavit of support from your father (not sure about this) and your background check (checks your finger prints against FBI list).

Technically your past out of status should not be an issue. No where does INS ask that. They ask you on what visa you entered the country? They ask your current INS status and 325 form asks your last five year address.

However if your INS officer is a jerk, he or she can create problems. But iam doubtfull that can stand the court of law.

The background check/investigation INS does is more to do with your fingerprints. They are going to double check your response to your 485 questions. that is it.

However if you start telling about your temporary out status story then they will probe. So answer what they ask. No more or less.
If you are worried check with a attorney. They will come to your interview

[kenny]

Mo,

If you are applying as as immediate relative of a US citizen then I believe past immigration violations are forgiven.

Did you say your AOS was based on your dad being US citizen. In that case if you are less than 21 then you are a immediate relative (I don't know when they start counting 21 years for you...application date or AOS intervie date)