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I received notice that I need to include my finacee's birth certificate as part of the documentation needed sent to Immigration services. There is one small problem is that they mispelled her Mothers name on my finacee's birth certificate when it was originally issued.

My fiancee informed me its going to take more then a month for them to correct the problem and issue and new one.

My question is if I include a letter with my fiancee's birth certificate explaining the error with her mothers name...will the except this for now and proceed?

Thanks!!!

... in response to HELP!!!  Visa Question..., posted by Chris F on Mar 7, 2005

In addition to all the good suggestions made here on this thread,
it is generally suggested that visa applicants with name issues
on official documents (errors, discrepencies, and inconsistencies
however small) at least start the necessary steps to correct them
locally however long it might take, simultaneously as they proceed
ahead with their petition process at USCIS.

The Consulates which do the final processing on visa applications
conduct careful and intensified security name checks on visa
applicants. Errors, discrepencies and inconsistencies in official
documents (or even simple spelling mistakes on a person's name
on forms) can be a source of delay in final visa issuance (such as a
person's or parent's name spelled one way on the long-form
birth certificate compared with a different way on the
baptism certificate).

Another problem which has come up with security name checks
at the Consulates is the problem of "false hits", which can potentially
delay visa issuance significantly. Consulates do a name check of visa
applicants with reference to a criminal database called NCIC. If the
visa applicant's name gets a "hit" in the criminal database, the case
can be pulled for more scrutiny, a process called Administrative Review.

A "false hit" refers to a visa applicant with a common or similar name
to a person in the crimimal database, but is obviously not that person
at all, but just shares a common or similar name with that person.
The problem is that when such as hit occurs, the Consulate is required
to wait for final clearance from FBI and NVC before they will clear the
case for visa issuance, adding processing time which can be weeks and
in some unusual cases even months. There has been a dramatic increase
in "false hits" recently especially at the Consular posts in Latin countries,
due to the recent expansion of the NCIC database to add 7 million new
names, and due to the fact that in Latino countries there are fewer surnames
and greater name-similarity. In fact, reportedly about half the names in the
NCIC database are Latino.

This is all the more reason to be as accurate as possible with names
in documents, forms and all submissions to the Consulate.

For more information about the security name check process
at the Consulates for those interested in reading about it, see:

http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

Good luck to all.

... in response to Re: HELP!!!  Visa Question..., posted by Gary Bala on Mar 8, 2005

Thanks Gary. Your Web site is full of all kinds of valuable info.

Those administrative reviews after the visa interview can be especially frustrating because they usually won’t tell you exactly why your application is being reviewed or give you any idea how long it might take.

On the topic of “false hits”, my understanding is that they will need to do further checking for same or close spellings of names with a similar or same date of birth. I think one reason for requesting the beneficiary’s birth certificate is usually primarily to verify the birth date and full name.

I support the idea of providing some additional documentation with the petition if it will help support the identity of the beneficiary in case of a problem with a false hit. I would include a photocopy of the beneficiary’s birth certificate and baptismal certificate (if applicable) even though they don’t ask for them. It wouldn’t hurt to include birth certificates for any of her children also.

It’s also important to include the beneficiary’s FULL middle name on all petitions and biographic information forms. And one of the first steps in the petition process should be a close check of the beneficiary’s birth certificate and other documents so that any errors can be corrected early on in the process.

Question: Do you know which of the different security checks for fiancée visa petitions are done by CIS and which are done by NVC?

Ray

... in response to Re: Re: HELP!!!  Visa Question..., posted by Ray on Mar 8, 2005

[This message has been edited by Gary Bala]

Ray,
To the best of my knowledge, currently, the minimum checks are:

USCIS (Homeland Security Department): NCIC and NIIS,
with more checks, if warranted.

NVC (State Department): Independent NCIC check by in-house
FBI staff in connection with DS-230 information, with option
based on results to request full fingerprints of visa applicant at post.
In some limited cases involving high-risk visa applicants
who meet specific criteria, NVC does a Security Advisory
Opinion (SAO) before sending file to post.

Consular Post: CONDOR (terrorist & firearms database),
MANTIS (if applicant could use "dual-use" technology with
military application), and another NCIC check
(via CLASS - Consular Lookout and Support
System). Consulate has option, if warranted, to run full
gamut of checks, such as CCD (past visa applications & results),
TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated
Immigration Lookout System), TECS II (Treasury Dept. database),
TSC & TTIC (DOS Terrorist screening).

Regards.

... in response to Re: Re: Re: HELP!!!  Visa Question..., posted by Gary Bala on Mar 8, 2005

I didn't realize there were that many databases.

... in response to HELP!!!  Visa Question..., posted by Chris F on Mar 7, 2005

Chris,

Yes, I would go ahead and send a copy of what you have along with a short explanation. It’s important to keep the petition alive by responding promptly to RFE’s. If it’s a simple clerical error, they will understand. They are used to seeing birth certificates with all kinds of errors on them. They may be most interested in verifying her birth date or as further evidence of identity for a security check.

If you have any readily available supporting evidence of the error, like a copy of her mother’s BC, copies of siblings BC’s, or a copy of her baptismal certificate, I would send those also just to be safe. Send photocopies of certified originals unless they specify originals.

Ray

... in response to Re: HELP!!!  Visa Question..., posted by Ray on Mar 7, 2005


Ray,

I have noticed that you are always most helpful in giving your advice whenever visa or other related questions come up on the board.  I'm sure the other posters will agree with me on this but I just wanted to say that it's very much appreciated.  Thanks!

... in response to Re: Re: HELP!!!  Visa Question..., posted by pablo on Mar 8, 2005

Thanks for the kind words Pablo... :-)

... in response to Re: HELP!!!  Visa Question..., posted by Ray on Mar 7, 2005

n/t