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Help! US Police Check delay and FBI FD258

Help! US Police Check delay and FBI FD258

Old Sep 25th 2009, 9:17 am
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Default Help! US Police Check delay and FBI FD258

Hi All,

Our application for PR is in, and we received a request for further documents. We are going through the UK Visa system.

My wife, an American and Irish passport holder (now living in the UK) is required to supply police checks for the states she lived in growing up, as well as an FBI federal check.

We had sixty days to provide the documents - deadline Oct 21st (based on 60 days total, not 60 'working days')

We're having trouble getting the right Fingerprint card for California - and have little idea how long it will take them to issue the certificate once they get the right fingerprint card. And the FBI, according to other posts might take 8 weeks - although we did put our deadline on the cover letters.

I see that we might not be able to get things together in time

Is there any way we can ask for more time to get the documents together? It keeps me awake at night thinking I've been set an impossible task that will ruin all the work we've done over the past two-plus years.

Thanks for your help,

Pdiddy


P.S. By the way, anyone thinking that California will accept the FBI FD258 downloaded fingerprint card please note:

1. It has to be 8" by 8" , and not the 8.5" by 11" a printer will automatically print.
2. It has to be on card. "Not thicker than a postcard"
3. If you know this in time, ask them to send you a card to take along to the Met office in london where you'll do your prints. This is the 'no risk' option.
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Old Sep 25th 2009, 3:01 pm
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Default Re: Help! US Police Check delay and FBI FD258

The US police stuff is a bit crazy. We got cards from New York State and used the downloads from the FBI for the FBI check, but the lovely police officer at our local RMCP station was very dubious about both of them as it was quite difficult to figure out what to fill in and where. I thought as a fellow cop it would be obvious. We're going through the PNP route and have been told we can send out police certs on after the main application. I hope it will be OK! the police guy said he'd be happy to do it again though

Good luck with yours
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Old Sep 25th 2009, 10:15 pm
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by nooka
The US police stuff is a bit crazy. We got cards from New York State and used the downloads from the FBI for the FBI check, but the lovely police officer at our local RMCP station was very dubious about both of them as it was quite difficult to figure out what to fill in and where. I thought as a fellow cop it would be obvious. We're going through the PNP route and have been told we can send out police certs on after the main application. I hope it will be OK! the police guy said he'd be happy to do it again though

Good luck with yours
Thanks Nooka, its just sometimes good to know that I'm not alone.

Following up on my previous message:

1. I've read elsewhere on this forum that they do not grant extensions of deadlines - that they will make a decision based on the documents they have on that date. They do say that you should send the ones you have and explain why the others are missing. They'll take that into consideration, and may bring it up if it comes to interview.

2. IF you do order FD258 cards from the US, and you want to use them for different states, check to see if you need to leave the ORI box blank so you can put in the appropriate Bureau concerned. (Colorado Bureau of investigation for example). The downloadable FBI 258 version only has the FBI address in the ORI box.

Good luck to you too.

Last edited by pdiddy; Sep 25th 2009 at 10:16 pm. Reason: RD258 should be FD258
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Old Sep 26th 2009, 5:01 am
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Default Re: Help! US Police Check delay and FBI FD258

Hi

Originally Posted by pdiddy
Thanks Nooka, its just sometimes good to know that I'm not alone.

Following up on my previous message:

1. I've read elsewhere on this forum that they do not grant extensions of deadlines - that they will make a decision based on the documents they have on that date. They do say that you should send the ones you have and explain why the others are missing. They'll take that into consideration, and may bring it up if it comes to interview.

2. IF you do order FD258 cards from the US, and you want to use them for different states, check to see if you need to leave the ORI box blank so you can put in the appropriate Bureau concerned. (Colorado Bureau of investigation for example). The downloadable FBI 258 version only has the FBI address in the ORI box.

Good luck to you too.
Here are some remarks from Operational Bulletin 120

"A) Requests for extensions

The FSW application kit [IMM EG7000] informs applicants “visa offices are strictly enforcing the 120 day rule and will not provide extensions.” In addition, applicants are informed clearly and unambiguously of the documentary requirements and the timeframes for submissions to the visa office. The FSW kit states:

Consult the Visa Office specific requirements now to determine what documents you will need to provide ... If you are not prepared to submit full documentation to the Visa Office within 120 days do not apply now.

Applicants are given notice from the outset that if they are not prepared, they should not apply. Applicants who follow this notice should be able to meet the deadline."

"# Insufficient evidence of meeting Ministerial Instructions: Visa officers will assess the application on the basis of the information on file. If the applicant’s submission is insufficient to determine that the application is eligible for processing, a negative determination of eligibility should be rendered.

# Missing SELDEC documents: Visa officers will complete the final determination of eligibility on the basis of the information on file. If the application is eligible for processing, visa officers will complete the selection review based on the evidence presented. No follow-up request for the missing document is required.

D) Submission of application/documents after final determination of eligibility is complete

After a negative final determination of eligibility, the file is closed. A negative determination is final as of the date of the letter informing the applicant of the negative determination. Applicants who submit anything after such a letter has been sent should be informed that they may submit a new application to the CIO.

Note: Any documents received prior to the date of the letter, regardless of whether or not the 120 days have elapsed, must be considered. Visa offices cannot refuse to consider submissions made after 120 days, if the letters in either Appendix A of this bulletin or Appendix D of OP 6 have not been sent. Therefore, it is important to produce the BF reports, make the final determination of eligibility and send the negative determination of eligibility for processing letters promptly.
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Old Sep 26th 2009, 5:06 am
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by pdiddy
Hi All,

Our application for PR is in, and we received a request for further documents. We are going through the UK Visa system.

My wife, an American and Irish passport holder (now living in the UK) is required to supply police checks for the states she lived in growing up, as well as an FBI federal check.

We had sixty days to provide the documents - deadline Oct 21st (based on 60 days total, not 60 'working days')

We're having trouble getting the right Fingerprint card for California - and have little idea how long it will take them to issue the certificate once they get the right fingerprint card. And the FBI, according to other posts might take 8 weeks - although we did put our deadline on the cover letters.

I see that we might not be able to get things together in time

Is there any way we can ask for more time to get the documents together? It keeps me awake at night thinking I've been set an impossible task that will ruin all the work we've done over the past two-plus years.

Thanks for your help,

Pdiddy


P.S. By the way, anyone thinking that California will accept the FBI FD258 downloaded fingerprint card please note:

1. It has to be 8" by 8" , and not the 8.5" by 11" a printer will automatically print.
2. It has to be on card. "Not thicker than a postcard"
3. If you know this in time, ask them to send you a card to take along to the Met office in london where you'll do your prints. This is the 'no risk' option.
My FBI report only took three weeks in total so this ought not hold you up.

Cheers

Martin
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Old Sep 26th 2009, 9:25 am
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by PMM
Hi



Here are some remarks from Operational Bulletin 120

"A) Requests for extensions

The FSW application kit [IMM EG7000] informs applicants “visa offices are strictly enforcing the 120 day rule and will not provide extensions.” In addition, applicants are informed clearly and unambiguously of the documentary requirements and the timeframes for submissions to the visa office. The FSW kit states:

Consult the Visa Office specific requirements now to determine what documents you will need to provide ... If you are not prepared to submit full documentation to the Visa Office within 120 days do not apply now.

Applicants are given notice from the outset that if they are not prepared, they should not apply. Applicants who follow this notice should be able to meet the deadline."

"# Insufficient evidence of meeting Ministerial Instructions: Visa officers will assess the application on the basis of the information on file. If the applicant’s submission is insufficient to determine that the application is eligible for processing, a negative determination of eligibility should be rendered.

# Missing SELDEC documents: Visa officers will complete the final determination of eligibility on the basis of the information on file. If the application is eligible for processing, visa officers will complete the selection review based on the evidence presented. No follow-up request for the missing document is required.

D) Submission of application/documents after final determination of eligibility is complete

After a negative final determination of eligibility, the file is closed. A negative determination is final as of the date of the letter informing the applicant of the negative determination. Applicants who submit anything after such a letter has been sent should be informed that they may submit a new application to the CIO.

Note: Any documents received prior to the date of the letter, regardless of whether or not the 120 days have elapsed, must be considered. Visa offices cannot refuse to consider submissions made after 120 days, if the letters in either Appendix A of this bulletin or Appendix D of OP 6 have not been sent. Therefore, it is important to produce the BF reports, make the final determination of eligibility and send the negative determination of eligibility for processing letters promptly.
Thanks for forwarding these very clear instructions.

I submitted the documents required by the 120 day deadline. My wife has dual nationality, Irish and American, and I am the principal applicant and it was my oversight that meant I didn't get the US checks in in the first place. I only handed in UK ones. The further documentation (the US Federal and State criminal record checks) was required with a new 60 day deadline.

If it is impossible, even with the best organisation in the world, to collect these certs within 60 days, then I have already failed on my original submission. I just have 60 days to wait for beaurocratic miracles.

I have been hindered by postal strikes, mis-information on the California site (they do not accept paper, only card, and only if it fits their scanners etc..) and 2 weeks wait for a fingerprint appointment - an appointment I need to make again, as the California prints were rejected.

Is the lack of these documents going to be terminal, then?

Thanks for your frankness,
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Old Sep 26th 2009, 9:32 am
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by Martin99
My FBI report only took three weeks in total so this ought not hold you up.

Cheers

Martin
Thanks Martin,

Due to a postal strike that occurred witout warning the day after I posted the prints to the FBI, they only arrived there 13 days later instead of 3-5 days. They are now in process as of the 24th of september. Our deadline is the 21st of October.

Also, even though the intsructions on the site use the word paper and card interchangably I suspect it might be rejected on the basis that it isn't card, but the downloaded paper version.

I'm at the end of my tether thinking this last challenge is futility. You know how much goes into this, and to see it all go to pot...

However, three weeks? Might just make it. We'll see.
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Old Sep 27th 2009, 8:15 pm
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by pdiddy
Thanks Martin,

Due to a postal strike that occurred witout warning the day after I posted the prints to the FBI, they only arrived there 13 days later instead of 3-5 days. They are now in process as of the 24th of september. Our deadline is the 21st of October.

Also, even though the intsructions on the site use the word paper and card interchangably I suspect it might be rejected on the basis that it isn't card, but the downloaded paper version.

I'm at the end of my tether thinking this last challenge is futility. You know how much goes into this, and to see it all go to pot...

However, three weeks? Might just make it. We'll see.
Some further encouragement for you. Our FBI prints were simply taken on the downloaded paper version from their website. They had no problem accepting them. I think you will have no problem with these but I cannot help on the California process as mine was for Ohio.

Good luck

Martin
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Old Sep 29th 2009, 7:20 am
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Default Re: Help! US Police Check delay and FBI FD258

Originally Posted by Martin99
Some further encouragement for you. Our FBI prints were simply taken on the downloaded paper version from their website. They had no problem accepting them. I think you will have no problem with these but I cannot help on the California process as mine was for Ohio.

Good luck

Martin
Thanks Martin,

Our FBI prints are going through security now, and the California and Colorado too.

We can only cross our fingers now, and see if we can arrange overnight express for their return.

Incidentally, I now have some spare FD258's - in case anyone else needs them.
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