Security checks

The validity of the security checks as reported in this thread and elsewhere is ONLY 35 days!!
 
Historical

Government setting up additional fingerprinting centers



6/9/98


The Immigration and Naturalization Service (INS) is going to be opening an additional 67 fingerprinting centers across the country. This is
another step to reduce the tremendous naturalization backlogs. Right now there are 150,000 fingerprint cards that are out-of-date. This need
for new fingerprint cards is only lengthening the delays for the 1.6 million people waiting to become U.S. citizens.

The new procedure requires that applications have new criminal background checks if an application is not processed within 15 months. The
average wait for citizenship is 24 months. The FBI can not use the same set of fingerprints a second time because they put notations all over
them. This requires a person to get a second set of fingerprints taken to get the second criminal background check. This continuing cycle
compounds the delays. According to immigrants' rights groups, 500,000 people might possibly be stuck in this secondary backlog.

The Florida Immigrant Advocacy Center has sued the INS to speed up its citizenship processing. They contend that the INS is required by law
to approve or deny applications within four months of applicants taking the citizenship exams.

The INS blames the massive backlog and fingerprint bottleneck on the surge of applications that have occurred during the past two years, plus
the bureaucracies such as the multiple criminal background checks.
 
cinta said:
IBIS procedure explained,

IBIS Procedure

INS performs background checks using the "IBIS" database for all types of
applications and petitions, whether filed at the regional Service Centers or
the local District Offices. These checks occur within 15 days of receiving
the case and remain valid for 35 days. If the adjudication occurs more than
35 days after the IBIS check, a new check is required.

These timeframes can become an issue for Adjustment of Status (I-485)
applications. In those cases, the Service Center sends an approval notice
directing the applicant to the Local District Office for a passport stamp. If
the passport stamp is done within 35 days of the last IBIS check, no
additional check is needed. If a further IBIS check is needed before the
passport can be stamped, it may take only a day at many of the local
offices. However, if the check results in a "hit" (a match with a record on file
of a person with a criminal issue or other serious problem) the case may
take much longer to resolve.

Note that, since IBIS is a name check system, if one has a very common
name there may be a "hit" based on the record of some other person who
happens to have the same name. In the event of a hit, the local office is
required to place a stamp in the passport as evidence of permanent
resident status, valid for 30 days only. This stamp will provide evidence of
authorization to work and will allow travel for the 30-day period. No mention
was made regarding procedures if the matter is not cleared up within 30
days but, presumably, the person could obtain another stamp if needed.
Click to expand...
cinta: Your description makes sense. However, what's the difference between FBI name check and the one you said? IC
 
Discovery

I will assemble a list of all related questions in light of the Discovery on August 2nd.

It looks like USCIS is doing their own IBIS checks, based on form G-325 (Biographical) submitted with I-485?
It looks like they changed the validity period from 35 to 90 days? (no official confirmation).

FBI are doing (after USCIS request, submission) their own criminal checks (all ten fingers, thumbs), through their own databases.
 
databases

Recent arrest: Article from Mercury News. Number of databases

................
Border Patrol spokesman Eddie Flores said an agent checked Ahmed's name to see if it showed up in the
Integrated Automated Fingerprint Identification System database, the Immigration and Customs
Enforcement database, and the FBI database. He would not confirm if the databases contained Ahmed's
name.............................................................
 
Ibis

Courtesy of "www.gtlaw.com"

May 16, 2002

Backlogs at INS Grow due to Security Checks

As we reported on April 24, 2002, the INS has begun performing new security checks on all currently pending and new petitions with the exception of N-400 petitions. The INS has ordered that applications be checked against the Interagency Border Inspection System (IBIS). This system accesses information supplied by federal agencies such as the INS, U.S. Customs Service, and the FBI on the criminal and immigration histories of individuals. At the time these checks were implemented, the INS said it could not assess how these security checks might affect processing times.

t has now become increasingly clear that these security checks are increasing processing times. Processing times appear to have reached a
slow crawl as immigration practitioners and applicants find their applications sitting at various Service Centers and INS offices while the INS attempts to process these applications and complete the security checks. According to a Washington Post article, INS officials have acknowledged that the processing of applications has "ground to a halt" in an number of INS offices. This is due to the fact that many of the INS offices have not received the training to use the security database or do not have enough computers that have access to the system. For example, there are no computers with IBIS access at the INS office in Hartford, Connecticut and the New York District office only has one computer that is able to access IBIS to process the over 1,000 new applications that arrive daily. The INS is said to be working on supplying the needed computers and training.

With regards to the backlog of cases, premium processing cases seem to be faring the best. It appears the INS is still working to get those cases processed within the fifteen day deadline. However, for the majority of other cases, it appears the backlog of applications continues to grow as the INS tries to supply the required computers and training to implement these security checks.


Anything changed from 2002?
 
Last edited by a moderator:
Parts

Selected:

The fingerprint check compared the applicant's fingerprints to those on file with the FBI to determine whether the applicant had any criminal arrests.262 The "bio-check" reviewed information maintained by the FBI and Central Intelligence Agency (CIA) concerning persons associated with a federal investigation, such as an organized crime or terrorism investigation, rather than information on arrests or convictions. The applicant's name and other biographical data were used by the FBI and CIA to conduct this research, and the information was submitted by INS, either electronically or manually, on Form G-325A.

Background information on bio-checks
(1) INS procedures for submitting bio-check requests

INS has inter-agency agreements with the FBI, the CIA, and the Department of State to conduct bio-checks in connection with various benefit applications, including naturalization. Because the problems in the bio-check process we address below arose out of INS' interactions with the FBI, we limit the background information provided to bio-checks conducted by the FBI.

During FY 1996, the FBI charged INS $12 each for requests submitted in hard copy, regardless of the result. If the request was submitted by automated tape and no record was found, the FBI charged only $1.40. If the automated search resulted in a "hit" or a "possible hit," the FBI charged $10.65.388

FBI procedures for processing bio-checks
(1) The search for information

Once the FBI's Information Resources Division (IRD) received tapes requesting bio-checks from INS, they ran an automated search comparing that data against information in their Central Records System. This process could result in either a definitive "no record" response or an indication that further matching efforts were required to determine if a record existed. Bio-checks that did not conclusively result in "no record" were known as "possible hits" and generate an Indices Popular (IP) response form. The "possible hits" undergo one or more additional search procedures at the FBI, after which the IP response form is used to report to INS the result of those additional searches.

The "possible hits" are first sent to the FBI's Name Search Unit where FBI personnel manually check the names against a database to eliminate "possible" records (records of individuals with the same name and other similar biographical information, who are not the subject of the bio-check). For this reason, the more information that INS can provide about an individual, the more quickly and thoroughly FBI staff can complete the bio-check. This Name Search Unit is also the office that initially receives bio-check requests made manually on a Form G-325A. If the Name Search Unit can eliminate all "possible hits" and determine a "hit" or a "no record," the processing is complete. In this scenario, the IP response form or the Form G-325A, as appropriate, is stamped with the final result and sent to FBI Headquarters for transmission to INS.

If the Name Search Unit cannot eliminate the "possible hits," the request is forwarded to the FBI File Review Unit. This unit manually pulls its files for the potential candidates and compares any biographical and geographical data provided to determine whether the applicant is, in fact, someone with "no record" or someone who matches information on file at the FBI (a "hit"). Again, the IP response form or the Form G-325A, as appropriate, is stamped with the final result and sent back to the FBI Headquarters for transmission to INS.

INS receives the IP response form or the Form G-325A along with any information about the applicant from the FBI. If the FBI information cannot be disseminated because it is "classified," for example, FBI file analysts draft a memorandum providing a synopsis of the releasable information. Because it will not provide information to INS related to another agency's investigations, the FBI may refer INS to another investigating agency to obtain the necessary information. This action is called a "third agency referral." The burden then falls on INS to obtain the necessary information from the agency indicated. If INS was the source of the information found in the FBI database, the FBI stamps the response: "no information in addition to that already known to your agency."

Not all bio-checks result in definitive findings. In such instances, the FBI would advise INS that it was unable to determine if the person about whom it has information is identical to the INS subject or applicant. Again, the ability of the FBI to determine with specificity whether the person in its records is the same person applying for naturalization was influenced, in large part, by the adequacy of the bio-check information provided by INS.
 
Parts / references

http://www.usdoj.gov/oig/audit/plus/9913.htm

http://www.house.gov/judiciary/brom0729.htm

Fingerprint and Biographical Checks

We also conducted reviews of INS's management of programs that involve the collection of fees for services that INS provides to the public. For example, INS receives a fee from applicants for conducting background checks prior to the individual receiving certain immigration-related benefits. We reviewed INS's billing and payment procedures for the background checks conducted by the FBI.

Individuals applying for benefits from INS must furnish fingerprints, biographic data, and other background information. INS requests background checks from the FBI, Central Intelligence Agency, State Department, and Defense Investigative Service depending on the type of benefit and the status of the applicant or petitioner at the time of application. FBI background checks include fingerprint and biographical checks.

For FY 1996, INS paid the FBI $32.5 million to conduct more than 1.8 million fingerprint checks and $5.7 million to conduct approximately 1.6 million name checks. In FY 1997, INS paid the FBI $45.5 million for 2.6 million fingerprint checks. INS requested that we conduct an audit of the adequacy of its procedures for requesting and paying for fingerprint and name checks and the extent and accuracy of FBI billings for these services.

We found that INS did not reconcile payments against its requests for fingerprint and name checks conducted by the FBI. INS did not have a system to track and account for all of the fingerprint and biographical check requests submitted to, or the results received from, the FBI. Because of this weakness, INS paid about $7 million during fiscal years 1996 and 1997 for unclassifiable and duplicate fingerprint cards, submitted incomplete or
inaccurate fingerprint checks for thousands of INS applicants, and did not detect a potential FBI underbilling of approximately $800,000. For name checks, we identified approximately $220,000 that INS incurred unnecessarily for duplicate requests. We also identified more than $230,000 for services rendered by the FBI but not charged to INS. This latter amount is offset by about $563,000 in charges not supported adequately by the FBI. In light of the OIG review, INS and the FBI initiated actions to track requests for fingerprint and background check services and to reconcile billings.

http://people.cs.uchicago.edu/~stefanko/BCIS/

BCIS FOIPA request

On 09/30/03 we submitted (using form G-639) a FOIPA request to Chicago USCIS. We asked for in-person review of our file. We weren't quick enough - our file already moved to National Records Center (NRC). We submitted request to NRC using form G-639, this time with Notarized Affidavit of Identity.

We received a response - 80 pages. Out of those 12 were witheld (probably the results of CIA name check). Both documents in the response pertitent to the FBI name check stated that request for name check was sent to FBI on 08/28/03. The check was processed by FBI the same day. The check was downloaded to USCIS computers on 09/10/03. Nobody at Chicago Adjudication Office seemed to care until the lawsuit came along - the check was viewed at USCIS 12:18pm 09/18/03 and 4:02pm 09/18/03.

Here is a summary when various checks/requests were done (see the I-485 processing worksheet):

Fingerprints 01/29/03 (viewed on 10:57am 02/12/03 and 4:03pm 09/18/03),
IBIS 02/12/03 and again 09/22/03,
FBI name check 08/28/03 (received by BCIS on 09/10/03),
CIA name check 11/18/02 and 02/11/03,
visa numbers request 4:54pm 09/18/03 (numbers received 09/22/03),
adjustment of status 09/22/03.

There were some strange documents in our file. Why was there a document that my status was adjusted with date 01/08/03? Why was there a request from USCIS to KCC
requesting my wife's diversity visa folder on 06/26/03?

http://www.fbi.gov/congress/congress03/garrity071003.htm

http://www.gao.gov/cgi-bin/getrpt ?GAO-03-135
http://www.gao.gov/atext/d03135.txt
 
Inspections

http://www.ilw.com/lawyers/articles/2004,0810-shea.shtm

CBP Inspections At JFK
by Thomas J. Shea, Esq.
The author would like to thank Archi Pyati of Human Rights First and Barbara Wong, Esq. for reviewing the notes on which this article is based.

This past May the U.S. Customs and Border Protection (CBP) gave a tour, for the Young Lawyers Division of the New York Chapter of the American Immigration Lawyers Association (AILA), of the inspections area at Terminal 4 of JFK airport in Queens. This article is a recap of that tour.

CBP inspectors are cross-trained in Georgia to do any inspections (e.g., immigration primary, agricultural, customs primary, etc.). "Legacy" customs officers in CBP at JFK are only doing primary inspections for U.S. citizens and lawful permanent residents (LPR's) arriving from some countries. All primary inspections for visa holders, immigrant and non-immigrant, as well as secondary inspections are still being conducted by legacy INS officers in CBP. Extensive classroom and on-site training of customs and entering officers will take place this summer. Sensitivity to asylum/torture issues will be included in some way though the curriculum has not been designed yet.

CBP says it has always worked with carriers to help train people letting passengers on board their planes in how to screen for false documents. In the mid-1990's, these efforts were strengthened, trainings by US INS in screening techniques began, and the fines on carriers for bringing people with bad or no documents tripled. Increased cooperation between carrier boarding officials and the CBP as well as more trainings have been seen over the last year, and it may be that now, in 2004, the system of pre-screening is "finally working the way it should." No special considerations are made for asylum seekers who must travel with false or no documents in these trainings; instead, carrier operators are encouraged to refer refugees to the U.S. embassy in the country.

Primary Inspections
The "primary" inspections area is a huge room with many counters marked by signs saying either "U.S. Citizens" or "Visitors" and one counter marked for "Crew" of carriers. Each counter has a digital camera and an "encoder" to scan fingerprints.

CBP has a congressional mandate to try to clear each flight within 45 minutes. Since 9/11, however, it has been closer to an hour to clear a flight because of security checks. The "mandate" is now more of a "guidance" since 9/11 because they are so concerned about security. Primary inspectors have 1 to 2 minutes to inspect each passenger. Still, any time a flight takes longer than 45 minutes to clear primary, a report is made.

CBP tries to clear the U.S. citizens first. Then it will permit other "visitors" to go through the U.S. citizen lines. Depending on the terminal, they might let LPR's go through the U.S. citizen line.

Before visitors depart the origin country to come to the U.S., they must (i.e., mandatory) provide certain information to the carrier. This information is then sent to Virginia and put into the Advanced Passenger Information System (APIS) so that CBP can conduct a security check on each passenger before they arrive in the U.S. [Author's note: for more information on APIS go to http://www.cbp.gov/xp/cgov/travel/inspections_carriers_facilities/apis/ (last visited on July 27, 2004)]. If CBP finds some problem (e.g., a criminal conviction or the persons is on a terrorist watch list or reentry after prior deport order - it does not have to be a criminal problem, it could be simply a visa revocation), they might meet the person at the gate when the plane arrives so that they can escort the person to inspection (and to ensure that the person does not disappear). The "passenger analysis unit" will review the information on the passenger. The APIS check also confirms the arrival of the passenger and ensures that the information provided by the passenger is correct.

According to the CBP officer giving the tour, most passports are machine readable and the lines in primary inspection have scanners to read the passports. He also stated that the U.S. Department of State (DOS) provides a photograph of the person who applied for the visa to ensure that it is the same person who is in the inspection line.

For Visa Waiver Program (VWP) countries that do not yet have machine readable passports, the CBP is waiting for further guidance on what to do. Generally, if the visitor from a VWP country does not have a machine readable passport, then the CBP will turn him/her around.

When asked what is required under the U.S. Visitor and Immigrant Status Indicator Technology (U.S. VISIT) Program to prove departure from the U.S., the CBP officer stated that "it's in the works." They are considering having a kiosk in the terminals where people will give their fingerprints. He said that such a program is currently being piloted in Baltimore and Miami (but he was not sure).

If a person does not have an I-94 at departure, then the airlines will create a "dummy" I-94. CBP monitors airlines to ensure that they submit I-94's. CBP routes all I-94's to Lexington where they're uploaded to system within a few days - to register arrival on a given day.

Carriers must submit an outbound passenger list.

The JFK handles approximately 45,000 flights per year and 7.5 million passengers. The vast number of arrivees are admitted. Less than 1/10 of 1% (7,000 people) are not admitted.

CBP admits that it pays more attention to passengers getting off planes from certain countries that they believe typically carry more individuals with inadmissibility problems. They could not give examples of countries.

If there is a problem at primary inspection, then the inspector will type comments/information into the computer. Then the inspector will use a "red card" to identify the passenger's case and will physically escort the passenger to secondary inspection where CBP will then determine admissibility. The CBP inspector at secondary can then review the information in the computer from the primary inspector and also conduct a more thorough inspection. The "red card" cases are for "visitors." U.S. citizens and diplomats who have problems at primary inspection get a "blue card" and are escorted to secondary inspections. They get priority over the "red cards." U.S. citizens can be placed in secondary inspection if there is an outstanding warrant or if they were involved in immigrant smuggling.

If the CBP inspector at primary inspections types something into the computer about the passenger, the only way to remove the information is by the CBP inspector during secondary inspection where the inspector has the time to get into more detail and can compare the notes from primary inspector with new information received during secondary inspection. Then the secondary inspector can make a decision regarding admissibility.

Fingerprints taken at primary inspection will go through IDENT, an automated fingerprint identification system which captures the left and right index fingerprints and photograph and enables searches of on-line databases to identify criminal and non-criminal deportable aliens. It's uncertain, however, whether the fingerprints will "hit" against other databases such as the National Crime Information Center (NCIC). [Author's note: for more information on the NCIC go to http://www.fbi.gov/hq/cjisd/ncic.htm (last visited on July 27, 2004)].

A passenger has no access to a lawyer during secondary inspection. The passenger can call from secondary inspection using a phone which CBP provides. The telephone is located right next to the CBP officers and is not private. It is unclear whether the telephone is for local calls only. No cell phones may be used in secondary inspection. Three meals a day are provided to the people kept in secondary. CBP will order out food. The passengers can drink from a water fountain.

................................C
 
Last edited by a moderator:
Apis

http://www.cbp.gov/xp/cgov/travel/inspections_carriers_facilities/apis/

Advance Passenger Information System (APIS)

A electronic data interchange established for commercial air carriers in 2002, APIS enhances CBP security measures by allowing officers to review manifest data on passengers and crewmembers prior to arrival or departure from the United States.

Tools for TSA Crew Reporting
Provides guidelines for crew data using CBP Advance Passenger Information System (APIS) to comply with the Transportation Security Administration (TSA) requirements

- UN/EDIFACT Implementation Guide for IATA Air Carriers
Provides technical guidelines for IATA type air carriers on preparing and transmitting inbound and outbound passenger and crew manifest data using the UN/EDIFACT format

- Advance Passenger Information System - APIS Fact Sheet

- Advance Passenger Information (API) for Air Carriers
Provides US/EDIFACT guidelines to small air carriers who will be using an email interface to send inbound and outbound passenger and crew manifest data to Customs

- How to Prepare and Send Passenger and Crew Manifests - for IATA Air Carriers
- 05/21/03
pdf - 496 KB.

- How to Prepare and Send Passenger and Crew Manifests - for Non-IATA-type Air Carriers
- 05/21/03
pdf - 495 KB.

- Advance Passenger Information (API) for Sea Carriers
Provides US/EDIFACT guidelines to sea carriers who will be using an email interface to send inbound and outbound passenger and crew manifest data to Customs

- APIS Registration Form
Note: This form is to be used solely to acquire a unique CBP APIS identifier. In the near future, CBP will make available the ability to submit APIS data and view reports through a direct eAPIS web-site. Should you choose to use eAPIS, you will be required to register again on the eAPIS web-site. It is recommended that you take advantage of the eAPIS registration process, once it becomes available. Continue to monitor this web page for updates on eAPIS.

- Register for UN/EDIFACT Testing
U.S. Customs and Border Protection (CBP) has completed system enhancements and can now process Advance Passenger Information (API) submitted in UN/EDIFACT format. You will soon be required to use this format to transmit passenger and crew manifest data to CBP, in advance of arrival in or departure from the United States. To ensure that your transmission meets the requirements of the new format, you must register with CBP and then submit test data in the UN/EDIFACT format for evaluation by the CBP testing team. Upon successful completion of the test, you will be authorized to transmit your manifests to the live APIS system.
 
Last edited by a moderator:
Ncic

http://www.cbp.gov/xp/cgov/travel/inspections_carriers_facilities/apis/

The FBI National Crime Information Center (NCIC) 2000 is a nationwide information system dedicated to serving and supporting criminal justice agencies -- local, state, and federal -- in their mission to uphold the law and protect the public. Its predecessor, NCIC, was established in 1967. NCIC 2000 serves criminal justice agencies in all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Canada, as well as federal agencies with law enforcement missions. NCIC 2000 provides a major upgrade to those services provided by NCIC, and extends these services down to the patrol car and mobile officer. NCIC 2000’s additional capabilities are as follows:

Enhanced Name Search: Uses the New York State Identification and Intelligence System (NYSIIS). Returns phonetically similar names (e.g. Marko, Marco or Knowles, Nowles or derivatives of names such as William,Willie, Bill).


Fingerprint Searches: Stores and searches the right index fingerprint. Search inquiries compare the print to all fingerprint data on file (wanted persons and missing persons).


Probation/Parole: Convicted Persons or Supervised Release File contains records of subjects under supervised release.


Online Manuals: State Control Terminal Agencies (CTAs) can download manuals and make them available to users on-line.


Improved Data Quality: Point-of-entry checks for errors; validates that data is entered correctly (e.g., VINs); checks that data is entered in all mandatory fields; links text and image information; and expands miscellaneous fields.


Information Linking: Connects two or more records so that an inquiry on one retrieves the other record(s).


Mugshots: One mugshot per person record may be entered in NCIC 2000. One fingerprint, one signature, and up to 10 other identifying images (scars, marks, tattoos) may also be entered.


Other Images: One identifying image for each entry in the following files: Article, Vehicle, Boat, Vehicle or Boat Part. A file of generic images (e.g., a picture of a 1989 Ford Mustang) is maintained in the system.


Convicted Sex Offender Registry: Contains records of individuals who are convicted sexual offenders or violent sexual predators.


SENTRY File: An index of individuals incarcerated in the federal prison system. Response provides descriptive information and location of prison.


Delayed Inquiry: Every record entered or modified is checked against the inquiry log. Provides the entering and inquiring agency with a response if any other agency inquired on the subject in the last five days.


On-line Ad-hoc Inquiry: A flexible technique that allows users to search the active databases and access the system’s historical data.

--------------------------------------------------------------------------------
| About CJIS | NCIC | IAFIS | NICS | UCR/NIBRS | LEO | APB | COP | Fingerprint Identification |
| Compact Council | Directions to CJIS | CJIS Homepage | FBI Homepage |
 
Last edited by a moderator:
You must log in or register to reply here.
Top