NCIC false hit

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Old Jan 25th 2005, 9:56 pm
  #1  
parky82
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Default NCIC false hit

I tried to obtain a H1B visa in Vancouver, and I got a false hit from
NCIC database, so the consul wanted to do fingerprinting and make me
wait 2-4 weeks in Canada. I told them I don't want to do that in
Vancouver, since I'm from NYC. They told me I can just do it in
Toronto, but I'll have to make another application with $100 fee, etc.

So that's fine. What I'm wondering is, if I do FBI fingerprinting in
NYC and send it into FBI, get the "No Criminal Record" form back, and
then bring that with me to the consulate in Toronto, would they still
make me do fingerprinting again or would that be enough?
Thanks so much!!!!
 
Old Jan 27th 2005, 3:29 am
  #2  
Jonathan McNeil Wong
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Default Re: NCIC false hit

[email protected] wrote:
    > I tried to obtain a H1B visa in Vancouver, and I got a false hit from
    > NCIC database, so the consul wanted to do fingerprinting and make me
    > wait 2-4 weeks in Canada. I told them I don't want to do that in
    > Vancouver, since I'm from NYC. They told me I can just do it in
    > Toronto, but I'll have to make another application with $100 fee, etc.
    >
    > So that's fine. What I'm wondering is, if I do FBI fingerprinting in
    > NYC and send it into FBI, get the "No Criminal Record" form back, and
    > then bring that with me to the consulate in Toronto, would they still
    > make me do fingerprinting again or would that be enough?
    > Thanks so much!!!!
    >

If you got an NCIC hit, they will make you go through the whole process.
The clearance process involves more than just the FBI.

A tip: when you submit your application, be sure to put your full name
including your full middle name. Put your full middle name even in
places where the form asks for an initial. This may help avoid a false
positive.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Jan 27th 2005, 7:10 am
  #3  
parky82
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Default Re: NCIC false hit

Thanks for your comment. Unfortunately, I'm Korean and I don't have a
middle name *sigh*
Anyways, I drove back to the U.S. after I just asked them to close the
case. Was the immigration not supposed to let me back in in this case??

What are the changes that I will get another NCIC false hit if I apply
again in Toronto?

Thanks.
 
Old Jan 29th 2005, 1:44 pm
  #4  
Ingo Pakleppa
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Default Re: NCIC false hit

[email protected] wrote:
    > Thanks for your comment. Unfortunately, I'm Korean and I don't have a
    > middle name *sigh*
    > Anyways, I drove back to the U.S. after I just asked them to close the
    > case. Was the immigration not supposed to let me back in in this case??

It depends. Did you have a valid unexpired H-1B visa in your passport?
Then you are fine (unless Vancouver canceled that visa, of course). You
were not supposed to return *using the I-94* but returning using an H-1B
visa should be fine. But then, if the admitting officer made a mistake
and let you in without asking about having applied for a visa at a US
consulate, I think you should be fine.

    > What are the changes that I will get another NCIC false hit if I apply
    > again in Toronto?

Probably pretty likely. Tell them the truth, including your Vancouver
adventure. At least it won't hurt, and may help them locate any already
existing information.
 

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