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Name Check VS Finger Print Check
- Thread starter hpatel20
- Start date
PrinceofJungle
New Member
Read more about Inter-Agency Record Checks
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf
All following info is copied from the doc of above link,
---------------------------------------
There are several record checks that must be performed before an applicant
for adjustment of status can be granted a benefit. These record checks are
performed by other government agencies in cooperation with INS. The
Central Intelligence Agency (CIA), the Department of State (DOS) and the
Federal Bureau of Investigations (FBI) all perform specific background
checks. Each specific background check is outlined below.
CIA Records
Checks
The CIA performs a record check on each I-485 applicant. The information
utilized by the CIA is gathered from the field offices and service centers
through the creation of records via the I-181 for field offices or receipting of
the I-485 application into CLAIMS 3.
Pursuant to a November 24, 1999 memorandum issued by the INS Office of
Field Operations, INS field offices and service centers must continue
to submit information on adjustment of status applicants to the CIA.
However, field offices and service centers processing these applications are
no longer required to wait for 1) a CIA response, or 2)
release from Headquarters, before commencing final adjudication of the
applications.
The CIA will continue to send information on adjustment of status applicants
to the National Security Unit (NSU) in the INS Office of Field Operations at
Headquarters. The NSU will review information sent by the CIA to
determine if the information relates to an applicants eligibility for adjustment
of status. If so, the NSU has the authority to 1) suspend adjudication of the
adjustment of status application(s); 2) initiate investigation of applicants; 3)
recommend initiation of rescission proceedings when information is
unclassified or declassified; and 4) recommend or institute removal
proceedings. This procedure applies to newly filed adjustment of status
applications as well as applications pending adjudication.
If there is Then
no response from the CIA after 60
days
proceed with the adjudication of the
I-485.
a response record NSU will review for necessary action
case will not reach adjudication.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.3
09/28/01
Inter-Agency Record Checks, Continued
Consulate/
Embassy
Records Check
The Department of State will also conduct a record check abroad if the
G-325A is processed and forwarded to the consulate/embassy where the
applicant last was granted a nonimmigrant visa. However, the G-325A is
sent to the consulate only when the applicant was issued a nonimmigrant visa
one year ago or less. This limitation is imposed because the Department of
State generally destroys the nonimmigrant visa application when the date of
issuance is one year old.
In these instances, a copy of the G-325A will be sent to the appropriate
consulate/embassy for a record check prior to the adjudicative process.
If there is Then
no response after 60 days proceed with the adjudication of the
I-485.
a response record in the file adjudicate the I-485 based upon the
information provided.
*Note: The 60 days is a hold period to allow for response for the consulate/
embassy. Usually this is not an issue since processing of the case takes at least
this much time. However, there are cases where you must not proceed with
adjudicating the case until the 60 days has passed (i.e. when the G-325A is sent
at the request of an officer due to fraud or a consular document check).
FBI Name
Check
A name check with Division 4 of the FBI is initiated electronically by the
CLAIMS 3 receipt of the I-485. If no response is received within 60 days
after the C3 entry is made, the CAO may proceed with the I-485 adjudication.
Positive responses are sent to the local Law Enforcement Support Center who
will send the relating material within 48 hours of receipt or contact to the
Service Center POC holding the I-485 to ensure that adjudication of the I-485
is withheld until the third agency material is obtained and reviewed.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.4
09/28/01
Inter-Agency Record Checks, Continued
Expedited
Name Check
Procedure
In rare cases an applicant may seek a benefit in less than 60 days from the
date of receipt of the I-485 (e.g., age-out filings, DV filings). The Service
may take the following steps to expedite the name check through the FBI.
Step Action
1 Initiate the name check with the FBI using the green copy of the
G-325A. If the green copy is not legible, attach a legible copy to
the green copy and send both to the FBI. This is an absolute
requirement.
2 Annotate the bottom of the G-325A with the Service Center name.
3 Place a coversheet on top of the G-325A that includes the
following information:
9. Expedite Requested
10. 3 Letter code of the requesting office
11. fax number of the requesting office where response should be
sent
12. date the benefit will expire
4 FedEx or fax the copies to:
Field Coordinations Branch
US Department of Justice
Immigration and Naturalization Service
800 K Street, 10th Floor
Washington, DC 20001
Fax: (202) 514-0197.
5 Write FBI NAME CHECK EXPEDITE on the outside of the
envelope.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.5
09/28/01
Inter-Agency Record Checks, Continued
FBI Records
Check
Fingerprints are a requirement for every applicant age 14 through 79 years old
to determine if they have a criminal history. The INS will send the applicant
a notice to appear for fingerprinting at an Application Support Center (ASC)
located within the jurisdiction of their residence.
Applicants who file prior to their 14th birthday do not require the fingerprint
fee. However, if at the time of adjudication an applicant has reached the age
of 14, he/she is required to pay the $25.00 fingerprint fee and must be
scheduled for fingerprinting. If you encounter a case like this, the 14 year-old
dependent filing should be separated from the rest of the family group for
solicitation of the $25 fee.
Once the fee has been requested, the file will be routed to the appropriate
shelf until such time as the file is purged or the fee is received.
----------------------------
Good LUck
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf
All following info is copied from the doc of above link,
---------------------------------------
There are several record checks that must be performed before an applicant
for adjustment of status can be granted a benefit. These record checks are
performed by other government agencies in cooperation with INS. The
Central Intelligence Agency (CIA), the Department of State (DOS) and the
Federal Bureau of Investigations (FBI) all perform specific background
checks. Each specific background check is outlined below.
CIA Records
Checks
The CIA performs a record check on each I-485 applicant. The information
utilized by the CIA is gathered from the field offices and service centers
through the creation of records via the I-181 for field offices or receipting of
the I-485 application into CLAIMS 3.
Pursuant to a November 24, 1999 memorandum issued by the INS Office of
Field Operations, INS field offices and service centers must continue
to submit information on adjustment of status applicants to the CIA.
However, field offices and service centers processing these applications are
no longer required to wait for 1) a CIA response, or 2)
release from Headquarters, before commencing final adjudication of the
applications.
The CIA will continue to send information on adjustment of status applicants
to the National Security Unit (NSU) in the INS Office of Field Operations at
Headquarters. The NSU will review information sent by the CIA to
determine if the information relates to an applicants eligibility for adjustment
of status. If so, the NSU has the authority to 1) suspend adjudication of the
adjustment of status application(s); 2) initiate investigation of applicants; 3)
recommend initiation of rescission proceedings when information is
unclassified or declassified; and 4) recommend or institute removal
proceedings. This procedure applies to newly filed adjustment of status
applications as well as applications pending adjudication.
If there is Then
no response from the CIA after 60
days
proceed with the adjudication of the
I-485.
a response record NSU will review for necessary action
case will not reach adjudication.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.3
09/28/01
Inter-Agency Record Checks, Continued
Consulate/
Embassy
Records Check
The Department of State will also conduct a record check abroad if the
G-325A is processed and forwarded to the consulate/embassy where the
applicant last was granted a nonimmigrant visa. However, the G-325A is
sent to the consulate only when the applicant was issued a nonimmigrant visa
one year ago or less. This limitation is imposed because the Department of
State generally destroys the nonimmigrant visa application when the date of
issuance is one year old.
In these instances, a copy of the G-325A will be sent to the appropriate
consulate/embassy for a record check prior to the adjudicative process.
If there is Then
no response after 60 days proceed with the adjudication of the
I-485.
a response record in the file adjudicate the I-485 based upon the
information provided.
*Note: The 60 days is a hold period to allow for response for the consulate/
embassy. Usually this is not an issue since processing of the case takes at least
this much time. However, there are cases where you must not proceed with
adjudicating the case until the 60 days has passed (i.e. when the G-325A is sent
at the request of an officer due to fraud or a consular document check).
FBI Name
Check
A name check with Division 4 of the FBI is initiated electronically by the
CLAIMS 3 receipt of the I-485. If no response is received within 60 days
after the C3 entry is made, the CAO may proceed with the I-485 adjudication.
Positive responses are sent to the local Law Enforcement Support Center who
will send the relating material within 48 hours of receipt or contact to the
Service Center POC holding the I-485 to ensure that adjudication of the I-485
is withheld until the third agency material is obtained and reviewed.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.4
09/28/01
Inter-Agency Record Checks, Continued
Expedited
Name Check
Procedure
In rare cases an applicant may seek a benefit in less than 60 days from the
date of receipt of the I-485 (e.g., age-out filings, DV filings). The Service
may take the following steps to expedite the name check through the FBI.
Step Action
1 Initiate the name check with the FBI using the green copy of the
G-325A. If the green copy is not legible, attach a legible copy to
the green copy and send both to the FBI. This is an absolute
requirement.
2 Annotate the bottom of the G-325A with the Service Center name.
3 Place a coversheet on top of the G-325A that includes the
following information:
9. Expedite Requested
10. 3 Letter code of the requesting office
11. fax number of the requesting office where response should be
sent
12. date the benefit will expire
4 FedEx or fax the copies to:
Field Coordinations Branch
US Department of Justice
Immigration and Naturalization Service
800 K Street, 10th Floor
Washington, DC 20001
Fax: (202) 514-0197.
5 Write FBI NAME CHECK EXPEDITE on the outside of the
envelope.
Continued on next page
SECTION 7: ADJUDICATIONS
Page 7- 3.5
09/28/01
Inter-Agency Record Checks, Continued
FBI Records
Check
Fingerprints are a requirement for every applicant age 14 through 79 years old
to determine if they have a criminal history. The INS will send the applicant
a notice to appear for fingerprinting at an Application Support Center (ASC)
located within the jurisdiction of their residence.
Applicants who file prior to their 14th birthday do not require the fingerprint
fee. However, if at the time of adjudication an applicant has reached the age
of 14, he/she is required to pay the $25.00 fingerprint fee and must be
scheduled for fingerprinting. If you encounter a case like this, the 14 year-old
dependent filing should be separated from the rest of the family group for
solicitation of the $25 fee.
Once the fee has been requested, the file will be routed to the appropriate
shelf until such time as the file is purged or the fee is received.
----------------------------
Good LUck