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USCIS Background Security Checks Copyright © Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check:After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
FBI Name Check
Copyright © Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
Copyright © 2007 Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check:After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
FBI Name Check
Copyright © Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
Copyright © 2007 Triceiver.com