BCIS AOS Interviewers

[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.

[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?

[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]

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.

[Glühbirne]

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

[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 =-

[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?

[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...

[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]

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.]

[Mo]

Pasha

my point was not related to AOS counselor processing, but AOS in the US - so i think they are different for background checking, because since after 9/11, and the huge rise of illegal immigrants, there is probably more technology and databases available for interviewers in the US - or it may be STILL the same methods 10 years ago - who knows!...

sab34

This young man you mentioned lied to the immigration? and then was given a chance to resolve his problem? was it a simple error? I thought the old INS was tough as the current BCIS when it comes to false statements

[Pasha Patel]

Ok I misunderstood your question here .... Well I don't know what to say ... it depends ... and don't know about student visa but to be honest with you .... I didn't have police clearance certificate from Russia though I stayed there for 7 yrs ... then didn't do any background check up for me ... I got visa the same day ... they didn't even bother .... I got my visa in 108 days doing DCF .... But .... My friend ...same history .... He has been hanging there for more than a year now .... Still hasn't got visa coz of some background check up through FBI or admin review ... well his case was after Iraq's war ... so don't know ....or may be I got lucky with BCIS ....

[sab34]

Few years back I had a young man, He said he had never been to US He married a girl while she was visiting, married in his home country.
When send for background check information came back with his signature. He was denied the visa. He and his wife was in country where he was working for about 6/7 years. in 2001 his case was resolved.
Be care full do not play with fire.

[Mo]

Is SEVIS used for background checks for F1 students, or do the interviewers just use I20's provided for status check?

[Pasha Patel]

Hi Mo,

As long as I understand here .... Well may be someone else might answer you better here ... but there is no way for a specialist to review facts other than provided documents ... unless they hire some private detective .... I think they review provided documents and if you meet all requirements .... That's what they did in my case but once again I didn't file for AOS in USA ... I did DCF outside USA ... Good luck ... Pasha