AOS Nightmare for a B-2 Adjuster

[pax 0]

http://www.philly.com/mld/dailynews/14554011.htm

I must admit, 3 years is an awfully long time to wait.

[ChristinaM 0]

Man, that sucks. But there's nothing to say that the same background check wouldn't have hit her whilst waiting for a K1 or K3, so I think the B2 part is nothing more than a statement of fact about how she got into the US in this case.

[pax 0]

Yes, that's true. I wonder why she didn't apply for AP, though, if she hadn't overstayed.

Edited May 12, 2006 by pax

[ChristinaM 0]

Didn't know she could, perhaps? Was told by an incompetent lawyer not to try it?

Your guess is as good as mine

[aussiewench 9]

Man, that sucks. But there's nothing to say that the same background check wouldn't have hit her whilst waiting for a K1 or K3, so I think the B2 part is nothing more than a statement of fact about how she got into the US in this case.

I agree

There are many that find themselves in this situation and there is more and more filing a federal court lawsuit, Action for Writ of Mandamus, when they have been waiting ridiculously long times. Good to hear that this had a happy ending

[Girona40 0]

I think it is good that the Mother's Day town meeting will shift the focus to "legal" immigrants that are going through nightmare situations like this.

We have been waiting for our son's AOS petition to be decided also for three years and it is still "pending", awaiting an AAO certified decision because the District Office doesn't know how to adjudicate it. He cannot leave the country either, for fear of not being allowed back in, and has had the cloud of deportation hanging over his head for years now.

It isn't right that they take this long and put people through the stress of not knowing what direction their lives may take.

I really wish I lived nearer to Phili, I would be attending this meeting. I think those that post on this board, who live closer, should make every effort to attend in order to help those that are going through this kind of thing.

Edited May 12, 2006 by Girona40

[canadalaura 0]

Currently a 2-3 year wiat for AOS in MANY DO's just for the interview, then if you're hit with the extra background checks, even longer. I was told not to expect an interview before 3 years.

[pax 0]

The question has got to be asked: how long can a background check poissibly take? When you apply for a job, often they do a background check. It doesn't take years! Even for positions that require very thorough and careful checks, like teaching.

[Girona40 0]

That is ridiculous! Can't a Writ of Mandamus be filed, forcing the USCIS to make a decision on a case in a "reasonable" time frame?

I think that is what the people in the OP's article must have done - issued a Writ of Mandamus.

It is crazy that the USCIS can take this long. Of course, there are benefits to the USCIS for delaying appliations such as AOS. They make millions of dollars on EAD's and AP's that wouldn't normally be required. This stinks, in my book!

[aussiewench 9]

The question has got to be asked: how long can a background check poissibly take? When you apply for a job, often they do a background check. It doesn't take years! Even for positions that require very thorough and careful checks, like teaching.

pax

Check the link in my signature on 'USCIS Alien Security Checks', one can see why.

[pax 0]

Oh aye, I've seen that document before. I've also read articles about how shockingly out-of-date many of the FBI's background-checking resources are.

It doesn't answer the question, though, of why the system has been allowed to stagnate and backlog in such a manner when both "homeland security" and "family unity" are supposed to be top priorities.

It also begs the question of how complete a background check that only takes a couple of days can possibly be, if some checks take months or years to complete. Again, I'm thinking of the very thorough checks required for teachers, defense contractors, etc.

[Girona40 0]

Oh aye, I've seen that document before. I've also read articles about how shockingly out-of-date many of the FBI's background-checking resources are.

It doesn't answer the question, though, of why the system has been allowed to stagnate and backlog in such a manner when both "homeland security" and "family unity" are supposed to be top priorities.

It also begs the question of how complete a background check that only takes a couple of days can possibly be, if some checks take months or years to complete. Again, I'm thinking of the very thorough checks required for teachers, defense contractors, etc.

FBI Field Office phone numbers

Why don't you phone the FBI and pose the question "How long does a background check usually take for immigration purposes?" I am sure they will be happy to answer the question.

We had the USCIS telling us that an FBI Name Check wasn't yet completed (after waiting a year). When we phoned the FBI they told us that it had been completed 11 months prior and that it took seconds to complete! They called the USCIS caseworker and told them that they were sick of the USCIS blaming the FBI for hold-ups when it was not their fault! These checks are done electronically and the results are sent electronically, they don't take long at all. A full background check will take longer, but not years!

[Hilarious Clinton 452]

Yes, that's true. I wonder why she didn't apply for AP, though, if she hadn't overstayed.

Yes. get AP.

[Girona40 0]

Yes, that's true. I wonder why she didn't apply for AP, though, if she hadn't overstayed.

Yes. get AP.

I can relate to why she didn't get AP. When you have been dealing with the USCIS for 3 years, nothing they do amazes you. They don't seem to follow any rules and are a total law unto themselves. It is scarey to apply for AP and leave the country. They know exactly when you are leaving, when you are out of the country and our greatest fear was that they would adjudicate (and deny) when we were out of the US and not allow us back in. It is a real risk when you are in this kind of situation. In fact, the District Director told us when we met with her, that it was wise not to leave the country for that very reason!

The situation this poor girl was in would have filled her with fear of what the USCIS were likely to do next. AP was probably not a viable option for her.

[pax 0]

Point well-taken.

Edited May 12, 2006 by pax