Wednesday, June 22, 2011

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  • sat0207
    04-27 09:23 AM
    Immigration Security Checks

    �How and Why the Process Works

    Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS)

    Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.





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  • sbay2006
    07-27 07:33 AM
    Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.

    Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...





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  • WeldonSprings
    08-27 12:06 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.



    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    I posted June number at
    http://immigrationvoice.org/forum/showpost.php?p=273472&postcount=64

    July numbers are still awaited.





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  • sertasheep
    07-04 01:24 AM
    Hello Veeru,

    Your questions not frivolous. We will keep members updated on our course of action.

    More than anything else, we require our members to stand by us, and create awareness in the community.

    Thank you for your patience, and faith in us.

    On behalf of Core IV team


    I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

    I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

    I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

    Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

    Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

    Veeru

    I will sleep less stupid tonight!!



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  • Jaime
    09-10 03:34 PM
    I have $100 more for anyone who can't attend due to funds! Let's GO guys!!!!!!!!!





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  • axp817
    01-30 01:51 PM
    Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.

    If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?



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  • Macaca
    01-18 10:52 AM
    The work on the bill is happening even now behind the scene. We wish to put in more resources and plan for more resources in the coming months.

    We are still getting a lot of bounced messages. people have given us email ids like abcd@abcd.com.


    If the bill will come up in Feb, behind the scene work must have started or will start after the first 100 hours plan (which should end soon).

    Please send PM to these members. It is better then bounced email.





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  • arnab221
    09-10 12:26 PM
    ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
    some of the priorities in this country are all screwed up...

    That shows the on what priority we are on their list . We are below horse also :D

    remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .

    Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
    the man intervenes and kicks the dog.
    A reporter was seeing all this.He said "That was great.
    I'll definitely publish this in newspaper.Tomorrow the headline will be
    'LOCAL HERO SAVES LADY FROM A DOG'."

    The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
    Then the headline will be
    US CITIZEN SAVES WOMAN FROM A DOG".

    Man: Actually, I live in US but I'm not a US citizen.

    I'm a Pa****i national".
    Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....

    TERRORIST ATTACKS A LOCAL DOG



    * This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .



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  • santb1975
    07-01 09:42 PM
    We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.





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  • nojoke
    09-18 12:10 AM
    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
    I will take it easy if you weren't intentionally insulting.



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  • vandanaverdia
    09-10 01:18 PM
    Your spouse, inspite of being a professional, cannot work, as he/she is a dependent. You end up being the only earning member & supporting your family, while your spouse just has to wait endlessly.....

    What is stopping you from coming to DC??? Need more reasons???





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  • bigboy007
    06-30 06:54 AM
    Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?



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  • sumansk
    12-20 04:04 PM
    :D;)
    I dont think you need to worry.. for you knwo what I am saying ...:D





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  • sanju
    04-04 03:32 PM
    keep dreaming ,
    1) H1B based on market ( will never happen ) , how ever hiking it to some
    rational number like 100K to 130K is a good possibility.

    2) reform GC process so that after working for 5 years, with one company
    one should be able to get green card without delay, this would be more
    meanigful as it will demonstrate that the poners really has a full time job
    as oppose to somebody just buying green card without ever
    working for a company.

    thanks

    And why are we disucssing H1b increase/decrease issue again?????



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  • PD_Dec2002
    07-05 12:22 PM
    Just my $0.02:

    I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.

    If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.

    IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

    Thanks,
    Jayant

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.





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  • greencard_fever
    09-05 02:43 PM
    [QUOTE=imv116]

    Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.

    chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.



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  • RNGC
    09-19 01:37 PM
    I am in a IDEA mood today!

    In our website there is space for 5-6 lines where we have the picture of a cloud now...

    We should pick top 10 best slogans and display it there.....like each slogan should appear for 10 seconds and change it to next.....

    We should put a poll to select the top 10 slogans

    I personally like these ones....forgot the exact words..

    1."we keep your systems up and running...please help us keep our lives up and running...

    2. "we rollover cell phone minutes...why not visa numbers"

    3. "waiting for so long my hair is turning grey ....

    4. "GC delay....keeps doctors away"





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  • number30
    10-11 07:13 PM
    Damn, I miss India now.

    We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.





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  • pd_recapturing
    01-17 10:30 AM
    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.
    I thought, Slumdog was able to save his job !!





    harshalx
    04-14 01:00 AM
    To get rid of these problems which we face with untrustworthy consultants I've started http://www.goolti.com

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    where you can read/write reviews about Desi consulting companies.





    logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.



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