Areg

Hello Everyone,

I'm new to this group, but have been following the discussions on it
recently.
I've been in the US for about 9 years now, first on F1 then
subsequently H-1B status for quite sometime now. I was one of the
DV-2003 Green Card Lottery winners. As some of you might be aware,
the Adjustment of Status(AOS) in 2003 has been taking increasingly
long time. This is largely due to a high number of
background Name Check requests to FBI in FY 2003. There was a
congressional statement by the assistant director, link of which I
have included below, basically saying that due to ~9 in the past FY,
the name check process could take as long as a year or more.

Now as you know a certain stage of AOS for DV winners has to complete
by Sept 30 of the same year, meaning that an Visa number from the
Department of State
has to be issued to an individual in AOS before the above date. Well
this is where all bets are off for many people adjusting status and
having passed all the phases of AOS process except for the FBI name
check.

I have spoken to several attorneys and personally gone to the BCIS
district office several times to get an answer to this very puzzling
predicament.
What I gathered from all this is if the Name Check request did not
return and is still pending with FBI( due to backlogs ), then BCIS
WILL not petition for a visa number for that applicant in AOS.

Now this is the fist year that something like this has happened. I
have spoken with many people and attorneys who had experience with AOS
via DV, and all this time _all_ background checks returned within
reasonably short time and hence allowed for a visa number to be issued
in time before the end of the FY.

Well I thought I post this message to see if there are other people in
the same situation, because as sad and ridiculous as this is, it shows
how the US immigration system is miserably flawed....

http://www.fbi.gov/congress/congress...rity071003.htm