NBI letter of explanation and NBI clearance with "aka"

[jhonster 23]

HI guys, sorry took me some time to reply lol but my answer to your first question is yes, my father has previous case but it was cleared. actually i did some research and mostly some people waited between 3 weeks to 4 months in order for this freaking NBI letter of explanation to be submitted. its horrible knowing the USCIS and NVC process was smooth and it was fast then all of a sudden this NBI will be the cause of delay. my father was the only one who got this issue and he already asked the NBI for a letter of explanation and of course they will not do that unless the USEM will contact them. i dont get it coz i got an email the day of my parents interview about the instructions that they want a letter of explanation and i told my father to print the email and show it to NBI but they still wont do it and they told my dad that me as a petitioner will receive an email from the USEM.... its been 3 weeks and i dont get any email from USEM aside from the first email that they sent me the day of the interview. i emailed them and i only got 1 reply just referring that they got my email but they didnt update or at least inform me if they already sent a request to NBI so its more frustrating..

all i can do is to email again the USEM and keep calling them until i get tired lol joke.

Send a tweet to the Ambassador to oversees the Manila U.S. Embassy. He need to be made aware of this. It's not fair that U.S. Citizens are being kept apart over a scenario like this. Things can be done to expedite the explanation letter by letting people get the letter on their own if need be.

https://twitter.com/AMBGoldberg

[Giskat09 2]

hi guys, just want to update.. last thursday i checked the status of my parents and the status changed to ISSUED. i checked it that morning but it was AP then i checked again at 5:30pm and it was ISSUED. I was surprised and so happy, never thought it took us only 1 month for this NBI to be processed.

[Piaoliang2008 3]

hi guys, just want to update.. last thursday i checked the status of my parents and the status changed to ISSUED. i checked it that morning but it was AP then i checked again at 5:30pm and it was ISSUED. I was surprised and so happy, never thought it took us only 1 month for this NBI to be processed.

Glad to hear they didnt wait too long...Were they ever sent a letter request from the embassy at all? Did they go to nbi for the interview?

[Hank_ 9,173]

Good news!! Now to get the CFO sticker after they receive their passport with the visa.

[Giskat09 2]

Well my dad went to NBI and he showed the printed email that i got from USEM ( i received it the day of their interview, its an instruction and it stated they want a letter of explanation directly from NBI) but the NBI told my dad that i have to wait for an email from USEM (again???) that they are requesting a letter of explanation so we have no choice but to wait for the USEM to either contact the NBI or to email me again which never happened.

I keep messaging the USEM but no reply so we were kinda hopeless and all we can do is to wait until i checked the status last thursday and it says ISSUED.

[Piaoliang2008 3]

Well my dad went to NBI and he showed the printed email that i got from USEM ( i received it the day of their interview, its an instruction and it stated they want a letter of explanation directly from NBI) but the NBI told my dad that i have to wait for an email from USEM (again???) that they are requesting a letter of explanation so we have no choice but to wait for the USEM to either contact the NBI or to email me again which never happened.

I keep messaging the USEM but no reply so we were kinda hopeless and all we can do is to wait until i checked the status last thursday and it says ISSUED.

Its been three weeks for me but status been ReaDY since nov5....it has come to my understanding now that maybe not all with the "no criminal record" remarks will have to go through nbi interview, maybe it all depends on the recommendation of nbi basing on what they see from their record when they verify ur name... Been waiting for the request letter but the last time i called they said there is no recommendation yet to send me one but was told earlier that the letter from nbi got there nov3

[jhonster 23]

Its been three weeks for me but status been ReaDY since nov5....it has come to my understanding now that maybe not all with the "no criminal record" remarks will have to go through nbi interview, maybe it all depends on the recommendation of nbi basing on what they see from their record when they verify ur name... Been waiting for the request letter but the last time i called they said there is no recommendation yet to send me one but was told earlier that the letter from nbi got there nov3

What do you mean by NBI interview? Does the NBI do an interview on you like the U.S. Embassy does? My wife didn't have to go through an interview to get her NBI certificate. She just went to the NBI office and applied for it. When the NBI cleared her background, the NBI told her when she could pick up her NBI clearance. My wifes NBI has the "no criminal record" written in the comments box.

So do you already have your NBI clearance certificate?

Where are you reading this "ready" status at? Which website? Are you doing a K1 or CR1 visa?

My wife and step daughters file arrived at the U.S. Philippines Embassy on Nov 5th from the NVC. I've been trying to get the Embassy to request this "letter of explanation" since even before the file arrived in the Philippines because the U.S. Philippines embassy website says we HAVE to have it BEFORE we sit down for an interview. Read here....http://manila.usembassy.gov/wwwh3217.html

Required Documents for Visa Applications When a beneficiary is eligible to apply for an immigrant or fiancé(e) visa (that is, the priority date becomes current and all the pre-processing requirements have been met), the National Visa Center (NVC) queues the beneficiary for a visa interview. The NVC will send the applicant a packet with the visa interview appointment date, information, application forms and a list of required documents. It is important that visa applicants submit all documentary requirements to NVC so they are "documentarily qualified" for the visa interview, otherwise, they will be found ineligible for visa issuance and be asked to return to the Embassy for another appointment.

4. NBI CLEARANCE (Green Form): Applicants aged 16 years and older must have a valid Record Clearance (for travel abroad purposes) from the National Bureau of Investigation (NBI). Clearances should be in the applicant’s current name, birth certificate name, maiden name, married name, and any aliases or nicknames ever used, including different spellings of all names ever used. An official letter of explanation from the NBI is required for any notation of “No criminal record”, or "No pending case”.

After reading this, I understood it as the U.S. Philippines Embassy needed this "letter of explanation" BEFORE I would sit down in front of a consular officer for our interview. So I've been trying to get the Ambassador or anybody at the Embassy to listen to me & get someone to do a cursory review of our NVC file and request this "letter of explanation" BEFORE we went to interview..... that way there would be nothing in the way of us getting her Visa immediately. Nothing worked with these people at the Embassy. They kept saying I had to interview 1st, then the officer would make the determination as to if we would need the "letter of explanation"....which meant more delays (up to one month) to get this "letter of explanation". I thought this was ridiculous! How could they state on their website that I'm supposed to be "documentarily qualified" if the Embassy won't let me get this "letter of explanation" on my own BEFORE our interview!!?? Uggghhhh!!!

So out of frustration, I contacted my Senator here in California. They mailed me their 1st reply which said the Embassy still hadn't received our physical file yet. LOL!!! This was/is a LIE!!! The U.S. Embassy themselves told me on the phone that they had the physical file as of 11-2-14. So I emailed my senators office again and told them my whole story again. That was 2 days ago.

I just called them a 1/2 hour ago and the case worker sent me this email below.

A supervisory consular officer approved your constituent’s request for advanced processing of the written explanation from the Philippine police (NBI) regarding the applicant’s police clearance.

Today, November 10, 2014, we directly requested NBI to provide a written explanation regarding the "No Criminal Record" notation on the applicant’s NBI clearance. The NBI will submit their findings directly to the Embassy. No action is required from the applicant regarding the NBI clearance at this time.”

So....my head is spinning now. Because it's obvious they lied about not having the physical file in the 1st place. And I guess after me having sent a complaint to my senator, they automatically requested the letter of explanation on 11-10-14. Go figure.

I'll tell you. After having been at this since 7/25/14 with USCIS and then the NVC.....what I found out is.....ALL of these departments will tell you ANYTHING to just buy themselves time because they move like molasses. You pay good money for all these immigration services, yet....they could really give a rats ####### whether they get you through in a reasonable amount of time.....or if you suffer for months (even years) because of all the inefficiencies of this whole process. I certainly hope this new congress and senate are willing to work with this President to actually get some real reforms to immigration and the whole process. Too many Bureaus, too much bureacracy, and it seems there is no critical thinking applied to the process. And there is certainly no transparancy of the process either.

Ok.....off my soap box (ranting). I suggest calling your Senators or Congress person. They will have a case worker in their office that all they do is try to resolve issues like these. Get the form, fill it out, write them a letter and fax them the supporting evidence you need them to see....and see if they can push this through for you the way my Senator (Diane Feinstein) did.

Hope this helps.

[Piaoliang2008 3]

Hi johnster:

I am on a k1 petition... I had no problem getting an nbi clearance. It is what u need to present at the interview, an nbi clearance.... However, if you're nbi clearance have this "no criminal record" remarks then that is only when they require the nbi explanation. Unfortunately, that will only take place AFTER the interview at the manila embassy... Would be nice if right after the interview, the embassy can give the "request letter" so you can bring it right away to the nbi but that's not how it works here at the manila embassy. From my understanding, all applicants's names with the remarks "no

Criminal record" on their nbi for the whole week will be forwarded to the nbi every friday for verification. Nbi then will verify each name that the embassy wanted to be verified to see why they have remarks such "no criminal record" on their clearance and forward said list to the embassy the next friday. Others may just have a namesake means they have the same middle name and/or last name with someone that has a record or they themselves have a case that was filed against them that was dismissed(like in my case). So nbi will clear that to embassy, if the embassy is satisfied with that then they're good to

Go. But if the embassy is not satisfied, that is when they send the applicant the letter of request to bring to the nbi for interview. It is like some sort of verifying your record to clear your name. Coz nbi will

Not forward any recommendation or explanation without said request coming from the embassy.after your interview at the nbi, nbi then will send the embassy the letter of explanation. Nbi will

Probably explain that they have interviewed the applicant and found

Out that blah and

Blah...so the embassy will be basing from that explanation to go on with the processing of your application.

[Piaoliang2008 3]

Anyways, i check the status of my case at the CEAC website. And honestly, i feel your pain for having to go through this lengthy process. We waited for 6 years too, everything is a case to case basis and for

Most cases that i have read, PATIENCE is really vital. For most applicants waiting to get through this "explanation letter" stage, the waiting could take from a month to a year. Why? I really dont know and i also dont understand. I feel

Like the waiting never ends too... But we waited for 6 long years already(will post another topic abt this later) so we are thinking a month more of waiting is less stressful lol....

[jhonster 23]

Anyways, i check the status of my case at the CEAC website. And honestly, i feel your pain for having to go through this lengthy process. We waited for 6 years too, everything is a case to case basis and for

Most cases that i have read, PATIENCE is really vital. For most applicants waiting to get through this "explanation letter" stage, the waiting could take from a month to a year. Why? I really dont know and i also dont understand. I feel

Like the waiting never ends too... But we waited for 6 long years already(will post another topic abt this later) so we are thinking a month more of waiting is less stressful lol....

WOW!!! 6 years!! Gosh. Now I don't feel so bad.

I'm not sure if you understood my post. But after I filled out the form with my Senators office....they actually got the U.S. Philippines Embassy to request the explanation letter BEFORE our interview so we can have it for our interview. Read the quoted part I posted. It was directly from the U.S. Philippines Embassy.

It's on the U.S. Philippines Embassy's webpage....that we must have all of our documentation ready BEFORE the interview. So if one of those pieces of documentation is the "explanation letter", then they must provide a way for us to get this. Especially if they are saying the Embassy has to request this.

Plus, I explained to the Senators aide that the whole idea of having to get an explanation for something that is obvious to understand is ridiculous. Think about it. The comment says "no criminal record". What does that mean to you? Or anybody who understands plain English?? It means that person has no criminal record....thats it!! Why they are requiring an explanation for something that makes obvious sense to any 3rd grader is crazy. And the Senators office agreed with me.

If you want to try to speed things up, just call your local senator or congresspersons office. All of them have a liaison that deals with immigration issues.

Hope this helps! Good luck

[manilaraf 28]

Jhonster,

Well, I think the fault lies more with the ambiguous language that the NBI uses. I live/work here in the Philippines and have had to get an NBI Clearance myself. From what I've gathered, the remark that you want to have on the NBI Clearance is "No Record on File" meaning the NBI has no record whatsoever on you. (That's what's listed on my current clearance).

"No Criminal Record" can mean you've been charged, subpoenaed, plead out of charges, or have been convicted of civil laws or local ordinances (e.g littering/traffic violations) or perhaps the case never made it to court or charges were dropped.

"No Pending Case" can mean you been convicted in the past and have served/paid the fines from the previous charges/convictions.

So despite on first glance "No criminal record" seeming like plain language, remember this is all legal/law enforcement jargon used by an organ of a national-level bureaucracy here in the Philippines. It's not supposed to make sense to us normal folk. And I take it from experience the personnel at the USEM are used to this having to deal with the NBI and their paperwork on a regular basis.

Edited November 15, 2014 by manilaraf

[Giskat09 2]

My parents got their visa today, thank you Lord!

[Greenbaum 12,258]

jhonster, on 14 Nov 2014 - 11:17 PM, said:

WOW!!! 6 years!! Gosh. Now I don't feel so bad.

I'm not sure if you understood my post. But after I filled out the form with my Senators office....they actually got the U.S. Philippines Embassy to request the explanation letter BEFORE our interview so we can have it for our interview. Read the quoted part I posted. It was directly from the U.S. Philippines Embassy.

It's on the U.S. Philippines Embassy's webpage....that we must have all of our documentation ready BEFORE the interview. So if one of those pieces of documentation is the "explanation letter", then they must provide a way for us to get this. Especially if they are saying the Embassy has to request this.

Plus, I explained to the Senators aide that the whole idea of having to get an explanation for something that is obvious to understand is ridiculous. Think about it. The comment says "no criminal record". What does that mean to you? Or anybody who understands plain English?? It means that person has no criminal record....thats it!! Why they are requiring an explanation for something that makes obvious sense to any 3rd grader is crazy. And the Senators office agreed with me.

If you want to try to speed things up, just call your local senator or congresspersons office. All of them have a liaison that deals with immigration issues.

Hope this helps! Good luck

I understand that you were crazy and IMHO, what they do is done with a purpose. As a USC, I am of the frame of mind that I want all immigrants to be disease free (hence the TB check with other checks for any disease that will cause a pandemic but like Ebola), that you are of sound mind and that you are not a criminal that possibly could wreck havoc, once you arrive stateside.

So having said that, yeah the process can be overwhelming and may take more time then you think is necessary. Having been through this process with my wife, having some hits on her NBI, she was able to clear her name and shortly thereafter (two weeks) she received her visa. Yes, I was pissed off too about the process but it is what it is.

Our experience was after the interview my wife went the next day straight to the NBI Manila office and said a letter of explanation was coming from USEM and would they update their computers to reflect that her "old cases" were dismissed (she had all the court documents with her) by the court and by updating now she would not have to return. They refused. She went home and a week later got the letter to return for an interview with NBI Manila. So here I am having to pay airfare, meals and hotel fare for something that could have been worked out when she was there. She had all her court papers showing the cases were cleared/dismissed from 10 years ago for both meetings. NBI updated the computers (btw, two months prior to the interview she knew what the problem was and the local NBI office took her papers and sent them to Manila for updating but the update never showed - pissed again I was). This is a culture that will not change till the people involved take a more active role in resolving the inherent problems. It's not just a USEM problem as it is also a Filipino problem.

You were lucky to have access to your US Senator. Can the same be said about a Filipino Senator?

[jhonster 23]

I understand that you were crazy and IMHO, what they do is done with a purpose. As a USC, I am of the frame of mind that I want all immigrants to be disease free (hence the TB check with other checks for any disease that will cause a pandemic but like Ebola), that you are of sound mind and that you are not a criminal that possibly could wreck havoc, once you arrive stateside.

So having said that, yeah the process can be overwhelming and may take more time then you think is necessary. Having been through this process with my wife, having some hits on her NBI, she was able to clear her name and shortly thereafter (two weeks) she received her visa. Yes, I was pissed off too about the process but it is what it is.

Our experience was after the interview my wife went the next day straight to the NBI Manila office and said a letter of explanation was coming from USEM and would they update their computers to reflect that her "old cases" were dismissed (she had all the court documents with her) by the court and by updating now she would not have to return. They refused. She went home and a week later got the letter to return for an interview with NBI Manila. So here I am having to pay airfare, meals and hotel fare for something that could have been worked out when she was there. She had all her court papers showing the cases were cleared/dismissed from 10 years ago for both meetings. NBI updated the computers (btw, two months prior to the interview she knew what the problem was and the local NBI office took her papers and sent them to Manila for updating but the update never showed - pissed again I was). This is a culture that will not change till the people involved take a more active role in resolving the inherent problems. It's not just a USEM problem as it is also a Filipino problem.

You were lucky to have access to your US Senator. Can the same be said about a Filipino Senator?

I agree with what you say here. And as you know, the Philippines is about as corrupt a government as it gets. Palms get greased on a regular basis.

My wifes "letter of explanation" came back with there being something in her record "supposedly". Here is what the email states I got yesterday (Thursday evening here/7am Friday morning in the Philippines).

Dear ZAMORA, MA AVELITA BERINGUEL:

This is regarding your immigrant visa application with the U.S Embassy.

The National Bureau of Investigation police certificate (NBI clearance) you submitted in support of your visa application indicates that a case has been previously filed against you in a Philippine court. To enable us to determine whether your case will have an effect on your eligibility to receive an immigrant visa, we require a written explanation from the NBI indicating the resolution of the case.

In this connection, you will need to undergo an interview with NBI personnel clearance interviewer at the Quality Control Section of the Identification and Records Division (NBI-IRD), 4th Floor,New NBI Clearance Bldg., United Nations Avenue, Ermita, Manila.Please look for Ms. Elsa Alvarez-Rollon or Mr. Jim O. Maniquis and present this letter. The NBI-IRD office is open Mondays through Fridays, except holidays, from 8:00 a.m. to 3:00 p.m.

We will continue processing your case as soon as we receive the result of your interview with NBI.

Sincerely,

So I called the NBI. You can see all their contact information here.

http://www.nbi.gov.ph/contact_us.html

I spoke with a very nice lady. Explained my situation. That our interview is next Tuesday Nov 25th and that we need to get some kind of letter from your "Quality Control" section to show that my wife has no legal issues, criminal or whatsover. She asked if my wife could come down today, I said yes. So I texted my wife and told her to get her butt over there ASAP from Cavite. She got there by noon. They were all on lunchbreak. They interviewed her that day. She texted me at around 2pm Manila time Friday 11-21-14 & said they were done. The Embassy apparently called them or the NBI called the Embassy. At either rate, the NBI said they'd have the Quality Control letter ready for the Embassy to pickup Monday morning & the Embassy said they will pick it up Monday in time for our interview for Tuesday.

I agree that the Philippine government is about as useful as grease on racetrack. But it seems if you can pin down the individuals that are responsible for handling certain things, and if you can get in touch with those individuals and put them on the spot to basically do their jobs....they will usually help you.

So....with that said. You know the old saying, "the squeaky wheel gets the oil". I guess I was the loud foghorn that was broadcasting my "squeak" all over. Lol.

So. For those of you who are still having "issues" with this whole "letter of explanation" or whatever. If your hold up is with USCIS, the NVC or the U.S. Embassy side, get your U.S. Citizen/Husband or Wife to get on the case of his or her Senator or Congressperson. It's THEIR JOB to help you get your immediate family members into the country. And it's THEIR JOB to HELP YOU, and NOT be in the way of you getting your loved ones into the country. Remember. You are PAYING to bring them into the country....this is not a "free" process. USCIS, NVC, etc are all money generating entities.....so don't be afraid to demand they do their jobs in an expedient and efficient manner. I work for the govt too. I'm a mechanic for the Fire Dept. And you can bet your butt that I work for my money....so should they.

All of the Senators and Congresspeople have means and vehicles to contact all of these entities. They always have some sort of contact person or liaison they deal with. So just find out who your congressperson or senator is....fill out their assistance form....fax or email it to them....and get an email address for the person in charge of assistance in your politicians office.

Then....if you want to put some pressure on the Ambassador of the U.S. Embassies Manila office.....here is their email address you can contact them directly. ManilaOCM@state.gov. The email address for the Immigrant Visa section in the Manila embassy is IVMNLProcess@state.gov.

I've had conversations with the chief in the IV processing section about how the Embassies policy of not allowing people to request their "letter of explanation" ahead of time is causing people to have to wait anywhere from 2 weeks to a month for no reason at all. There is NO REASON why we shouldn't be allowed to get ALL the "required" documentation BEFORE ever sitting down in front of a consular officer. Especially since it states on the Embassies own website that they REQUIRE us to have ALL the "required documents" AHEAD OF TIME.....BEFORE the interview. The bottom line is....their "policy" needs to change. And they need to make things as streamlined as possible. This is part of the whole "immigration reform" that needs to happen. This whole process would make even an attorneys head spin.

In the case of my wife, she had no prior cases. And I guess NBI just wanted to interview her....for whatever reason. I don't know. But I was also told that her last name is a very common name in the Philippines. So who knows....maybe someone with the same name had a record or whatever. And they just wanted to positively ID her. At any rate. This is how I managed to get this whole NBI issue dealt with within 2 weeks. Letter of explanation, NBI interview and all.

[kmarucut 0]

Hi Piaoliang2008, did you hear anything from USEM already? My fiancee is on the same boat and been waiting a month since the inteview and still shows in Admin Processing (they received the NBI with AKA 2 weeks ago). Thanks in advance.