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View Full Version : I-485 vs. consular processing


shahrooz
02-10-2007, 11:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?

shahrooz
02-15-2007, 11:28 PM
260 views and not even one single opinion?

rajuram
02-16-2007, 12:17 AM
Lucky you…you can make plans like these. Most folks visiting this site are stuck in retrogression. Most will be willing to do AOS or Consular Processing, even if it means going to US Consulate on the north pole, if only it were to be allowed....Best of luck, hope you have fun making this choice

260 views and not even one single opinion?

gg_ny
02-16-2007, 11:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!


I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?

RandyK
02-16-2007, 11:57 AM
How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?

snhn
02-16-2007, 12:40 PM
at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.

also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..

Go figure....

greatguy
02-16-2007, 12:42 PM
I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

RandyK
02-16-2007, 12:46 PM
Am I understanding this right ?

FOR H1/L1 They do a FBI background check

FOR I-485/CP They do a Name Check

Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.

rbharol
02-16-2007, 01:08 PM
I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

No!

I asked the same question to my lawyer.

gg_ny
02-16-2007, 03:56 PM
http://www.immigrationportal.com/archive/index.php/t-191393.html

Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).



Am I understanding this right ?

FOR H1/L1 They do a FBI background check

FOR I-485/CP They do a Name Check

Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...


Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.

RandyK
02-16-2007, 05:57 PM
Where can I get this? Local Library ?

gg_ny
02-16-2007, 07:07 PM
I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).

Where can I get this? Local Library ?

sanjeev_2004
02-17-2007, 12:05 AM
AOS or Consular Processing, PD will hold you.