How USCIS Security Check Process Works

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Understanding the Immigration Security Process
Homeland Security fact sheet explains security checks for immigration benefit applicants.-

An explanation of the immigration security check system was issued by the U.S. Citizenship and Immigration Services April 25 in response to some applicant frustration about delays in the process.

All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. The agency acknowledges a small number of delays, but assures the public they are not based on race, ethnicity, religion or national origin.

For related information, see Visas, Passports and Immigration.

The text of the fact sheet follows:

U.S. Department of Homeland Security
Fact Sheet
April 25, 2006

Immigration Security Checks—How and Why the Process Works

Background

All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.

USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.

Why USCIS Conducts Security Checks

USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

How Immigration Security Checks Work

To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

• The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multi-agency effort with a central system that 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. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

• FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

• FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.

For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant’s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.

Created: 03 May 2006 Updated: 03 May 2006
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
 
RE: Additional questioning on US Entry

Question
I am always being stopped for questioning and inspection when clearing immigration and customs. What can I do about that?

Answer
If you have repeatedly experienced intensive inspections going through customs and immigration upon entering the United States after foreign travel, your name, or another person's name that is the same or similar to yours, may be entered into the CBP data base (the Treasury Enforcement Communications System - or TECS system).

If you think this may be the case, and you would like to have the situation reviewed, you may submit a request for redress though the Department of Homeland Security's Traveler Redress Inquiry Program.

To speed the processing of your request, you should provide as much information as possible about where and when you have experienced inspections by CBP.

If you suspect your experiences result from an incident in which you were involved, and for which there are mitigating circumstances, please include as much information as possible about that incident and an explanation you believe is relevant along with your request for relief from repeated inspections. If you have been advised your problem is that you appear to have overstayed a previous visit, you will have to provide evidence that you did not. Please see our Q & A on turning in an I-94 for examples of what we will accept.

You will be asked to provide your full name, address, date of birth, and a clear photo copy of the photo page of your passport if you have one. After receiving your request, various law enforcement records will be searched and appropriate action taken, if warranted.

It is important to understand that some referrals for additional screening are for reasons other then information in law enforcement databases, such as the circumstances of your travel or random selection. Even if your request results in a positive outcome for you, there is no guarantee that you will not be referred for a secondary inspection for other reasons in the future.

Under the Freedom of Information Act guidelines you may ask to receive a copy of any information CBP has on file about you. (If you need the record of your entry and exit for purposes of applying for LPR or Citizenship status, this is the authority under which you make that request, although you should be aware that our records only go back to 1982.) Requests for copies of your file must be accompanied by the above information, and they must be signed in ink. If a third party is making a request on your behalf, they must submit a U.S. Form G 28 authorizing them to do so. Records of travel may not be complete if you had legal permanent resident status and traveled by car between the U.S. and Canada or Mexico. FOIA requests should be submitted to:

U.S. Customs and Border Protection, Attn: Mint Annex Building, FOIA Division, 1300 Pennsylvania Ave., N.W., Washington, D.C. 20229

Please note that the FOIA is not intended to provide a mechanism for asking questions of CBP. FOIA requests are intended to provide access to certain records under the control of the agency from which you request them. If you have questions concerning, for example, the reason why an action was taken, or to request a correction of records, then you should contact DHS TRIP or CBP's Customer Service Center throught the above "Ask a Question" tab. If you use the above tab, you must still provide all the biographic data requested by DHS TRIP in order to initiate a review and/or correction of records.

http://help.cbp.gov/cgi-bin/customs..._new_search=1&p_search_type=answers.search_nl
 
RE: Customs & Border Protection Supervisors

Question
I was examined by an officer and the inspection was not conducted in a professional manner. How can I complain?

Answer
Customs and Border Protection (CBP) supervisors are responsible for ensuring that officers behave in a professional manner and treat all persons with dignity. Many facilities have CBP Passenger Service Representatives (PSR) who are available to help resolve complaints when they arise.

If you encounter a similar problem in the future - please feel free to ask to speak with either a supervisor or a PSR.

If you would like to submit a complaint about a specific incident, we encourage you to write directly to the CBP Port Director where it occurred. The Port Director will investigate the complaint and will forward a copy of the complaint to HQ for tracking purposes.

Alternatively, you can click on the "Ask a Question" tab above and send us your complaint in Email. We will forward it to the appropriate office for response. If you provide your daytime phone number, we will contact you directly.

http://help.cbp.gov/cgi-bin/customs...WFyY2hfdGV4dD1jb21wbGFpbnRz&p_li=&p_topview=1
 
RE: Two Security Name Checks

Consolidate checks. The May 2003 Security Matrix Project
Recommendations Report advised USCIS to develop “multiple system
search capacity,” the ability to enter and review applicant information
in a single system for checks conducted in several others. USCIS staff
must log in to separate systems to initiate and review most IBIS, FBI,
IDENT, and administrative checks. A March 2005 study indicated
that derogatory information provided by FBI name checks was not
consistently available via IBIS name checks, even though the IBIS
check contains FBI information from the National Crime Information
Center and Terrorist Screening Database. Therefore, for many applications, USCIS continues to run two security name checks,
biometric checks, and administrative checks

http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf
Page 30
 
DHS Info Exchange - Incompatibility between IBIS (CBP) & USCIS

DHS Policy for Internal Information Exchange and Sharing
February 1, 2007

MEMORANDUM TO: All Department of Homeland Security Components
FROM: Secretary Michael Chertoff
SUBJECT: DHS Policy for Internal Information Exchange and Sharing

In order to promote a united, Department-wide information-sharing environment, it is critical that each DHS component gives the highest priority to the sharing of potential terrorism, homeland security, law enforcement, and related information(1). DHS personnel must have timely access to all relevant information they need to successfully perform their duties. Therefore, absent any legal prohibitions as set forth by the Department's General Counsel, information shall be shared within DHS whenever the requesting officer or employee has an authorized purpose for accessing the information in the performance of his or her duties(2), possesses the requisite security clearance, and assures adequate safeguarding and protection of the information. Furthermore, all DHS components are considered part of one "agency" for purposes of the Privacy Act 5 U.S.C. § 552a(a)(1), (b)(1). No DHS component should consider another DHS component to be a separate agency for information-sharing purposes.

The Assistant Secretary for Intelligence and Analysis is the DHS official responsible for assessing and analyzing all terrorism, homeland security, and related law enforcement and intelligence information received by the Department. As such, I direct that each component conduct an immediate review of its existing information-handling procedures and ensure that appropriate mechanisms are in place to provide the Office of Intelligence and Analysis (I&A) with access to all potential terrorism, homeland security, law enforcement, and related information, including foreign intelligence information(3). Like all DHS components, I&A likewise is under an obligation to share information in its possession appropriately across the Department. To facilitate this and other homeland-security-related information-sharing activities, each component's information sharing action officer should be prepared to work with I&A and the coordinating principals of the Offices of Policy and Operations, as well as the Chief Information Officer, which shall constitute the DHS Information Sharing Governance Board.

Additionally, I direct all DHS components, with the Chief Information Officer, to ensure that each DHS employee has access to all information pertinent to his or her responsibilities. DHS must move to standardize the technology used to describe, access, exchange, and manage information in our automated systems, so that we and our partners can easily locate and effectively use the most current and complete data available in support of our vital missions.

No component of DHS shall promulgate information-handling guidelines or enter into agreements that are inconsistent with any aspect of this policy, unless otherwise and expressly authorized by the Secretary. The presumption is that information will be shared, not hoarded. Furthermore, each internal or external information-sharing agreement to which any DHS component already may be a party, even if entered into prior to the Department's creation, shall be interpreted consistent with this policy, to the extent the terms of the agreement permit such an interpretation. As such, I direct all components, in coordination with the Office of the General Counsel, to take immediate steps to amend any existing agreement, procedure, or guideline that is not capable of being interpreted consistent with this policy, or that otherwise does not facilitate the sharing of information with other components. From this point forward, information-access and -sharing agreements with outside entities will be negotiated and entered into on behalf of the Department as a whole, not on behalf of an individual DHS component.

In order to establish a central repository of all such agreements, each DHS component is directed to provide copies of all information-access and -sharing agreements, including and indicating those referenced in the previous paragraph, to the DHS Executive Secretariat by February 15, 2007. With each submission, the component shall clearly indicate whether it believes the agreement is compliant or non-compliant with this policy and, if compliant, with which other components the information is shared.

It is critical to the security of our Nation that we share information in an environment that is free of unnecessary limitations or constraints. But while doing so, we must ensure the integrity of ongoing law enforcement and intelligence investigations. We must also ensure that DHS's information-sharing practices are conducted in a manner consistent with the law, including Federal privacy and civil rights laws. To that end, the Office of General Counsel, the Privacy Office, the Office for Civil Rights and Civil Liberties, and the Information Sharing Governance Board will continue to work closely with DHS components and monitor their information-management processes to ensure that privacy, civil rights and civil liberties, and other legal protections are fully respected.

Finally, if any components experience data-access denials or delays which they are unable to resolve, they are to bring the matter to the attention of the Information Sharing Governance Board, Deborah Draxler (I&A) at 202-282-8516, or Jonathan Frenkel (Policy) at 202-282-8478. Further direction will be forthcoming on the implementation of the policies, programs, and procedures described herein, including those relating to the Information Sharing Governance Board.


Distribution: All DHS Components


__________________

(1) Terrorism information" means all information relating to the existence, organization, capabilities, plans intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, domestic groups or individuals involved in terrorism, to threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations, or to communications between such groups or individuals, and to information relating to groups or individuals reasonably believed to be assisting or associating with them.

(2) In some circumstances, DHS personnel will have "an authorized purpose for accessing the information in the performance of [their] duties" if their responsibilities necessitate access to an individual piece of information. In other circumstances, DHS personnel will have the requisite authorized purpose if their responsibilities necessitate access to an entire class or category of information.

(3) "Terrorism information" is defined in footnote 1. "Homeland-security information" has the same meaning as in Section 892(f)(1) of the Homeland Security Act of 2002. As used in this directive, "law enforcement information" refers to law enforcement information relating to terrorism or the security of our homeland. "Foreign-intelligence information" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.


This page was last modified on February 9, 2007
 
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