So, apparently, when an illegal is trying to get one of these "Z visas," after being here for a while, there's an automated background check. 'Cause you know, the government is here to protect us - ensure these folks aren't terrorists or anything.
I know I got me some gun nuts out there. We gun nuts know a little bit about these automated background checks, don't we?
Now, please consult a lawyer before you head out to buy a gun, but I've done this a few times and I think I've got a pretty good handle on it. This also varies from state to state.
But here in Florida, it works like this. I troop down to Guns N' Joy, pick out a firearm, and fill out the paperwork. I have a concealed weapons permit, so there's no waiting period for me. The dude behind the counter calls in the background check. If I pass instantly, I can leave with my gun. If I'm a convicted felon and it's clearly on file, I don't get my gun but perhaps I get a ride in a police car. There's a third possibility, and it's not uncommon. Perhaps there's something wrong with the system, or there are two Abigails out there with my last name and one is a convicted felon.
Under those circumstances, I can get delayed (also called "conditional disapproval" here in Florida). Then what? Well, I don't walk out with my gun. Then...
If you get a "conditional non-approval" or a "delayed" response and there is no additional response from the system, the Brady law provides that you may transfer the firearm after three business days have elapsed. However, under Florida requirements you must contact FDLE prior to transferring the firearm if the initial check went through the FDLE. [emphasis is mine]
In short, if there's confusion, and after three business days there's no clear resolution, my dealer may be able to transfer me the firearm.
I used to deal with the "delay" response all the time. Mr. Abby has the most common name on earth. He always gets the gun, but it takes 24 or 48 hours.
Now, why the long discussion of the pain-in-the-ass part of buying a firearm in an immigration post?
Well, because that plan also involves one of these super-dooper guvmint background checks. Same idea, apparently. You can either be good, bad or delayed.
If Jose J. Reyes triggers a "delay," becuase, oh, I dunno...someone else has the same or a similar name, the process is a little different. If there is no absolute resolution pointing out that Mr. Reyes in an evil bastard, he must be given the visa. And how long does the system have to figure out the reason of the delay? 24 hours.
Ladies, and gentlemen - the chapter and verse.
(1) IN GENERAL- An alien who files an application for Z nonimmigrant status shall, upon submission of any evidence required under paragraphs (f) and (g) and after the Secretary has conducted appropriate background checks, to include name and fingerprint checks, that have not by the end of the next business day produced information rendering the applicant ineligible -
(A) be granted probationary benefits in the form of employment authorization pending final adjudication of the alien's application;
(B) may in the Secretary's discretion receive advance permission to re-enter the United States pursuant to existing regulations governing advance parole;
(C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien's application, unless the alien is determined to be ineligible for Z nonimmigrant status; and
(D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) unless employment authorization under subparagraph (A) is denied.
That is, as near as I can tell, section 601 (h).
Now, yes, they call that "probationary Z visa status," but...well, look what it gets you.
We, as a country, apparently need to be less concerned about unknown persons who've wandered over the border than about me buying another .22.
Bad idea. Back to the drawing board, gang. Lots of "temporary workers" like to bring their extended families across the border. Perhaps we could agree to maintain possesion of one child or elderly family member while such "delayed" reponses were worked out? I like the idea of having some leverage if we're going to turn loose folks about whom we have serious questions.
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