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Finger printing

Indian Consulate - Notice to Immigrant Visa Applicants Regarding DS-260

All immigrant visa applicants now must complete the DS-260 online immigrant visa application at https://ceac.state.gov/ceac<</a> and login tohttp://www.ustraveldocs.com/in<</a> to schedule an appointment at Visa Application Center(VAC) for biometric fingerprint and photograph collection prior to their Embassy or Consulate appointment.  Failure to follow these new procedures will significantly delay visa processing.

All immigrant applicants must bring sealed medical reports and police clearance certificates from a Regional Passport Office on the day of the interview.  Applicants without these documents are asked to reschedule their consulate interview by emailing support-india [at] ustraveldocs [dot] com. 

For a quick view on the Immigrant visa application process changesclick here<</a>

For information on how to prepare for your interview please visit the link http://mumbai.usconsulate.gov/ivinterview_preparation.html<</a>.

For inquiries:

Email: support-india [at] ustraveldocs [dot] com

From India: +91-120-4844644 or 91-40-4625-8222

From US: 1-703-520-2239

(8:00 am to 8:00 pm Monday through Friday and 9:00 am to 6:00 pm on Sunday)

Frequently Asked Questions (FAQs) - Review the DS-260 FAQs<</a> if you must complete the online DS-260 form.

Criminal History Summary Checks - FAQ's

1. No. Do not send personal checks, business checks, or cash, as they are not an acceptable form of payment for Departmental Order (DO) requests. Personal or business checks submitted with a DO request will not be returned. The CJIS Division will destroy the monetary instrument and will provide the customer a letter explaining why the monetary instrument could not be used.

2. No. The CJIS Division does not expedite requests; however, an expedited response may be provided by an FBI-approved Channeler<.

3. Your local, county, or state law enforcement agencies may take your fingerprints for a fee. Also, someprinting companies offer this service; check the yellow pages in your telephone book or search online. If using the Channeler option, please contact the FBI-approved Channeler< for additional information.

4. Have multiple sets of fingerprints taken, preferably by a fingerprinting technician. (This service may be available at a law enforcement agency). Mail all fingerprint forms to the CJIS Division with your request. For more information on taking legible fingerprints, refer to the Recording Legible Fingerprints brochure<. Have multiple sets of fingerprints taken, preferably by a fingerprinting technician. (This service may be available at a law enforcement agency). Mail all fingerprint forms to the CJIS Division with your request. For more information on taking legible fingerprints, refer to the Recording Legible Fingerprints brochure<.

5. Yes, but if you go to a law enforcement agency or private fingerprinting agency to be fingerprinted, they may prefer to use a fingerprint card on standard card stock. You may use the fingerprint card provided by the printing agency.

6. No. Due to concerns related to the protection of personally identifiable information, fingerprint cards are no longer being returned either for a “no summary” response or with a Criminal History Summary.

7. Please complete and sign the Address Change Request Form& and fax it to (304) 625-9792, or scan the form and e-mail it to liaisonatleo.gov.

Note: Changes will not be made unless a signature is present on the form.

8. (*An apostille is a certification that a document has been “legalized” or “authenticated” by the issuing agency through a process in which various seals are placed on the document.)

The CJIS Division will authenticate all U.S. Department of Justice Order 556-73 fingerprint search results by placing the FBI seal and the signature of a division official on the results at the time of submission.Note: The FBI seal is no longer a raised seal. Documents authenticated by the FBI may then be sent to the U.S. Department of State by the requestor to obtain an apostille if necessary. Requests to authenticate previously processed results will not be accepted. Note: If a Channeler will be used and an authentication (apostille) is needed, please contact the Channeler to determine if this service is provided.

 

9. Review the Challenge of a Criminal History Summary to obtain information regarding your FBI Criminal History Summary.

 

10. Visit the Certified Copies of Fingerprint and/or Criminal History Summaries page to obtain information on requesting certified copies of fingerprints and/or Criminal History Summary information by law enforcement entities.

Note: An individual cannot request a certified copy of fingerprints and/or Criminal History Summary information.

 

For more information please visit this link http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

Fingerprinting for US Immigration

USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad. In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.

The following three points apply for all immigration benefits applications (see exceptionsbelow) requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:

  1. Do not submit a completed fingerprint card (FD-258) with your application. Your application will be accepted without the fingerprint card attached. If you submit a completed fingerprint card with your application on or after March 29, 1998, the card will be rejected and you will be scheduled to be fingerprinted by USCIS.
  2. Do submit fee, in addition to the application fee, payable to USCIS, with your application. The fee is noted at the top of our Forms and Fees page. This charge will cover the cost for you to be fingerprinted by USCIS.
  3. After USCIS receives your application, USCIS will provide you with an appointment letter with the location of the nearest USCIS authorized fingerprint site. Please read the instructions in the appointment letter, and take it to USCIS authorized fingerprint site when you go to your fingerprint appointment.

<</a>Exceptions:

Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.

The following forms are subject to exceptions to the above requirements.  

To find the Application Support Centers (ASCs) closest to you, see the "USCIS Service and Office Locator<</a>" page. You can also call our toll free number at 1-800-375-5283.

 

 

Related links

 

Special Fingerprint Instructions for Form I-600, "Petition to Classify Orphan as an Immediate Relative (Orphan Petition)," and Form I-600A, "Application for Advance Processing of Orphan Petition (Advance Processing Application)"<</a>

 

Safety & Security of U.S. Borders: Biometrics<</a>

 

Fingerprints & Other Biometrics<</a>

 

Identification Record Request/Criminal Background Check<</a>

 

Upgrade to 10-Fingerprint Collection<</a>

 

Biometrics<</a> -DHS

 

AOS interview next week, mother in India on AP

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

I-485 (EAD, AP, FP)

Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS).  The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions. Note that the AOS under 245(a) is viewed as a privilege granted by USCIS in the exercise of its discretion and therefore, even when an alien meets all of the requirements, AOS can be denied and the alien can be required to follow visa processing (consular processing) abroad. For USCIS to approve the AOS application the applicant must have passed the medical examination and have all security clearances.

An application for AOS is made on Form I-485. Once an application has been accepted, it will be checked for completeness, including submission of the required initial evidence. USCIS may request more information or evidence or may request applicant to appear at a USCIS office for an interview.  Applicant may be required to answer questions under oath or affirmation. Applicant must carry their Arrival-Departure Record (Form I-94) and any passport or official travel document to the interview. There is no appeal on denial of AOS application but the alien may make motion to reopen or reconsider.

The AOS is filed based on an immigrant petition. One may apply AOS if:

  • An immigrant visa number is immediately available based on an approved immigrant petition or if the application is filed with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which, if approved, would make an immigrant visa number readily available to the applicant;
  • It is based on being the spouse or child (derivative) at the time another AOS applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children. If the spouse or child is in the U.S., the individual derivative may file their AOS with Form I-485 for the principal applicant, or file Form I-485 at any time after the principal is approved, provided a visa number is available. But if the spouse or child is residing abroad, the person adjusting status in the U.S. should file Form I-824 (application for Action on an Approved Application or petition) concurrently with the principal’s Form I-485 to allow the derivative to immigrate to the U.S. without delay provided the principal’s AOS is approved;
  • It is based on admission as the fiancée of a U.S. citizen and subsequent marriage (within 90 days of entry into USA) to that citizen. The K2 child of such fiancée may apply AOS based on parent’s Form I-485;
  • It is based on asylum status granted in the United States provided the applicant has been physically present in the U.S. for one year after the grant of asylum and still qualify as an asylee or as the spouse or child of a refugee;
  • It is based on refugee status after being admitted as a refugee and have been physically present in the U.S. for one year following the admission, provided that refugee status has not been terminated;
  • It is based on Cuban citizenship or nationality and applicant was admitted or paroled into the U.S. after January 1, 1959, and thereafter have been physically present in the U.S. for at least one year after or applicant is the spouse or unmarried child of a Cuban described above and regardless of applicants nationality were admitted or paroled after January 1, 1959, and thereafter have been physically present in the U.S. for at least one year.
  • The applicant is applying to change the date on which his/her permanent residence began. If applicant was granted permanent residence in the U.S. prior to November 6, 1966, and are a native or citizen of Cuba, or the applicant is the spouse or unmarried child of such an individual, he/she may ask to change the date of their lawful permanent residence began to the date of the applicant’s arrival in the U.S. or May 2, 1964, whichever is later.
  • If it is based on applicants continuous residence in the U.S. since before January 1, 1972. This is known as “Registry.”

Over the course of previous years, AOS provisions were expanded (Section 245(i)) covering previously ineligible aliens, including persons who entered without inspection, engaged in unlawful employment or otherwise overstayed, to adjust status.  This limited “grandfather” provision enacted in 2000 (the LIFE Act) allowed an alien whose sponsor filed a labor certification or an immigrant visa petition by April 30, 2001 thus preserving his/her eligibility to adjust status under 245(i) (as long as they were physically present in the United States on December 21, 2000). Such ineligible aliens, by paying a penalty fee apart from the normal fee, could take advantage of the AOS benefits.

Advantages of AOS

  • Can avoid visa processing at US consulate abroad.
  • Can avoid cost and inconvenience of a long trip abroad for visa.
  • Can obtain employment authorization during the processing of the AOS.
  • Can obtain advance parole if applicant needs to travel outside USA.
  • Can get some access to U.S. courts if the AOS application is denied by USCIS.

Normal Eligibility Standards of AOS under Section 245(a)

  • Alien must have been “admitted” or “paroled” into the United States;
  • Alien must not have engaged in unlawful employment;
  • Alien must have maintained status during all periods of stay in USA and must have not violated terms of nonimmigrant visa;
  • Alien filing AOS on approved employment based visa petition must be in lawful nonimmigrant status at the time of filing;
  • Alien must be “eligible” for immigration;
  • An immigrant visa must be “immediately available” to the alien; and
  • Alien must be admissible and must merit a favorable exercise of discretion.

Ineligible classes

Following classes are ineligible for AOS even though they have been “admitted” at a port of entry (POE):

  • Alien admitted in transit without a visa through the United States to another country;
  • Alien entered the United States as a nonimmigrant crewman;
  • Alien was not admitted or paroled following inspection by an immigration officer;<<dfn title="Immigration and Naturalization Service (now reconstituted into USCIS)">/li>
  • Alien’s authorized stay expired before he/she could file AOS;
  • Alien was employed in the United States without USCIS authorization prior to filing AOS application;
  • Alien failed to maintain his/her nonimmigrant status, other than through no fault of his/her own or from technical reasons; unless he/she is applying because he/she: is an immediate relative of a U.S. citizen (parent, spouse, widow, or unmarried child under 21 years old) or a K-1 fiancée or a K-2 fiancée dependent who married the U.S. petitioner within 90 days of admission; or an H or I nonimmigrant or special immigrant (foreign medical graduates, international organization employees, or their derivative members);
  • Alien was admitted as a K-1 fiancée, but did not marry the U.S. citizen who filed the petition for him/her or alien was admitted as the K-2 child of a fiancée and his/her parent did not marry the U.S. citizen who filed the petition;
  • Alien is or were a J-1 or J-2 exchange visitor and are subject to the two-year foreign residence requirement and have not complied with or been granted a waiver of the requirement;
  • Alien have A, E, or G nonimmigrant status or have an occupation that would allow him/her to have this status, unless he/she completes Form I-508 to waive diplomatic rights, privileges, and immunities and, if he/she is in an A or G nonimmigrant visa, unless he/she completed Form I-566;
  • Alien was admitted to Guam as a visitor under the Guam visitor waiver program;
  • Alien was admitted to the U.S. as a visitor under the Visa Waiver Program, unless he/she is applying because he/she is an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years of age); and
  • Alien is already a conditional permanent resident.

Employment Authorization (EAD)

All aliens who have a pending AOS application are eligible to apply for an EAD using Form I-765. An alien is not authorized to work until he/she has an EAD issued (unless they have another status like H-1B, that allows them to work). The alien, upon issuance of the EAD, may work for any employer. Under the recent changes, USCIS will issue two-year EAD to aliens who are unable to adjust their status due to immigrant visa numbers not immediately available. A renewal of the EAD application can be made only within 120 days of expiration of the existing EAD.

Advance Parole

All aliens who have a pending AOS application are eligible to apply for an advance parole using Form I-131. This allows them to come back after traveling outside USA for any bona fide personal or business reasons. Any alien (except H, L, K-3, K-4 and V visa holders) leaving the United States while their AOS application is pending is deemed to have abandoned their AOS application until they have received an advance parole before leaving the U.S. Usually, advance parole is granted for one year with multiple entries allowed.  The departure from the U.S. (including brief visits to Canada and Mexico) constitutes an abandonment of the AOS application unless advance parole is granted and applicant is inspected upon return to the U.S. Exceptions are granted to H, L, V or K3/K4 non-immigrants. Refugees and asylees may travel outside the U.S. on their valid refugee travel document without the need of an advance parole.

3/10 Year Bar

Any unlawful presence accrued by the alien (depending on the length of unlawful presence) prior to the filing of the AOS application may subject the alien to 3/10 year bar. Under this bar, if the alien has been unlawfully present in the United States for a period of more than 180 days, who voluntarily departed the United States before removal proceedings were commenced are inadmissible for a period of three or 10 years from the date of departure.  Only unlawful presence that was accrued on or after April 1, 1977, counts towards the three and ten year bar under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (“Act”).  If a person becomes inadmissible under section 212(a)(9)(B)(i) of the Act while their AOS is pending, they will need a waiver of inadmissibility under section 212(a)(9)(B)(v) of the Act before their AOS can be approved. This waiver, however, is granted on a case-by-case basis and in the exercise of discretion and also requires a showing of extreme hardship to his/her U.S. citizen or lawful permanent resident spouse or parent, unless he/she is a refugee or asylee.  For refugees and asylees, the waiver may be granted for humanitarian reasons to assure family unity or if it is otherwise in the public interest.

American Competitiveness in the Twenty-first Century Act (AC 21) Portability

Under the American Competitiveness in the Twenty-first Century Act of 2000, individuals who have filed their AOS and whose cases have been pending for more than 180 days could change jobs or employers without affecting the validity of the underlying I-140 petition or labor certification, as long as the new job is in the same or similar occupational classification.

Child Status Protection Act (CSPA)

A permanent residence application on the basis of AOS or an application for an immigrant visa had to be acted upon and the immigration status granted before the applicant reached 21 years of age. So, a child applying as the dependent of a parent, for instance, had to remain a “child” under immigration law until the immigration status was granted.  Due to the huge delays in AOS application processing, such applicants had “ageing-out” problems. The Child Status Protection Act enacted in 2002 provided for continued classification of certain aliens as children in cases where they turn 21 years of age (age-out) while awaiting immigration processing.

AOS processing to Consular Visa processing

If an AOS application is filed and then the applicant prefers to process visa abroad, the applicant has to take steps (must file Form I-824 with the USCIS) to have his/her case processed abroad at a U.S. Consulate. The applicant should list in the I-824 the consular post that should receive notification of the visa petition approval. Note: Filing of the I-824 may be treated as a request to withdraw the AOS application that was filed by the applicant. He/she may lose the employment authorization as well as the advance parole that was issued by the USCIS.

 

 

Our Biometrics FP appointment was this morning

Arrive Early before the ASC office opens as there are many people that have same Appt. time , the line fills in fast.
Bring the following:
1)Your original ASC appt. notice
2) Photo ID (IF Photo ID passport has different last name than your ASC notice , bring Marriage license, If your ID and Appt. notice name are not same they will turn you away unless you have Marriage license)
3) Be sure your fingers/ hands are not dry or cracked, If you have dry hands put lotion on the nigt before so when you arrive they will take good prints

Finger Print experience in Oakland, CA

Folks,
I thought I'll share my FP experience in Oakland, CA which might be useful to others. I had my FP scheduled for tomorrow but since we have other errands to run tomorrow we went in today at 8:15 AM. To our surprise they did not even question us about the date. They just glanced at our FP notice and gave us a form to fill up. Even before I finished filling my form my number was up.

My FP experience today

I just came back form my FP appt. I wanted to share my experience with you.

Finger print experience

Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.

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