camarasa
07-23 11:23 PM
I would ask an independant lawyer for his/her advise. Your current lawyer could just be looking for more money from you.
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software7
05-27 11:34 AM
I would like to share my I485 experience.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
techskill
08-10 05:44 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
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gcformeornot
12-31 02:19 PM
who are not so very lucky as me... please boast for this thread....
more...
jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
more...
gopinathan
04-13 01:55 PM
braindrain - can you please update on your parents visa please ..
I have a similar issue that I need some guidance..
My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.
Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.
how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)
thanks
Gopi
I have a similar issue that I need some guidance..
My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.
Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.
how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)
thanks
Gopi
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pd_recapturing
09-04 10:33 AM
I-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
So your new I-140 has not been approved. Would you wait for it to get approved or you will request interfiling while applying 140?
So your new I-140 has not been approved. Would you wait for it to get approved or you will request interfiling while applying 140?
more...
lonedesi
08-04 04:29 PM
I have made changes and posted separate letters on http://immigrationvoice.org/forum/showthread.php?t=20657
Please post your comments on that thread
Please post your comments on that thread
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laksmi
01-29 11:16 AM
Macml,
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
more...
immi_enthu
09-28 06:03 PM
Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:
yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.
yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.
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smuggymba
09-15 09:52 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
so, with 1000 ppl...20 per months. = 20K.
more...
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reverendflash
10-21 01:33 AM
You are getting there, but I was thinking South and East (to the right).. :P
here is a link to a great explaination of the "rule of 3rds"
http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm
Rev:elderly:
here is a link to a great explaination of the "rule of 3rds"
http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm
Rev:elderly:
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nj_03_2004
07-26 02:36 PM
I think if it is voted then it will pass. It also has Senator Chuck Schumer�s (D-NY) amendment (2448) provision.
It should get more Democrat votes this time.
It should get more Democrat votes this time.
more...
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bibs
05-11 02:45 AM
Thanks Morchu.
I will go ahead and will apply EAD with $180/ as filing fee.
I will go ahead and will apply EAD with $180/ as filing fee.
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Berkeleybee
02-05 02:30 PM
All,
Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.
This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.
Copyright 2006 The New York Times Company
The New York Times
February 2, 2006 Thursday
Late Edition - Final
HEADLINE: The Nation of the Future
BYLINE: By DAVID BROOKS
BODY:
Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.
This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.
Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.
Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.
Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.
What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.
Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.
What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.
At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.
More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''
What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.
Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.
Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.
Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.
This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.
Copyright 2006 The New York Times Company
The New York Times
February 2, 2006 Thursday
Late Edition - Final
HEADLINE: The Nation of the Future
BYLINE: By DAVID BROOKS
BODY:
Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.
This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.
Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.
Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.
Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.
What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.
Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.
What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.
At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.
More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''
What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.
Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.
Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.
more...
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bluekayal
10-16 03:56 PM
Didn't you have one in 2009?
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Bpositive
12-05 12:20 AM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
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Munna Bhai
08-30 06:41 AM
Today i got REF regarding my GC .
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
mnq1979
05-21 03:10 PM
You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
ilikekilo
03-31 12:23 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
first of all get the report and Iam sure there will be a dispute process in there, if not call the custmer service of that company and ask what it is...
How to dispute against this fake criminal record in background check.
first of all get the report and Iam sure there will be a dispute process in there, if not call the custmer service of that company and ask what it is...
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