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12/05/2006: USCIS Proposes to Operate Centralized Background Check Systems to Reduce Backlogs Effective 01/03/2007
The immigration and naturalization proceedings have witnessed a substantial delays in some cases because of the so-called background check delays. In naturalization proceedings, such backlog has produced a substantial number of federal district court litigation in the form of Mandamus action to force the agency to perform the job.
In order to process and adjudicate immigration proceedings, USCIS conducts three different background checks on applicants/petitioners applying for USCIS benefits: (1) A Federal Bureau of Investigation (FBI) Fingerprint Check, (2) a FBI Name Check, and (3) a Customs and Border Protection (CBP) Treasury Enforcement Communication System/Interagency Border Inspection System (TECS/IBIS) Name Check. In order to assist in this task, USCIS established a new
system of records that will consolidate all background check requests and results on immigration benefit applicants/petitioners. This new system of records is called the Background Check Service (BCS). The Background Check Service allows authorized U.S. Citizenship and Immigration Services representatives to request background checks and access the data stored in the Background Check Service during the adjudication process in order to facilitate informed decision-making. As a centralized repository containing all background check activity, BCS will provide the status and results of background checks required for completion of immigration eligibility petitions and applicationdeterminations from one web-based system to geographically dispersed field offices. This system supports USCIS's initiatives to reduce immigration benefit/petition case backlog and provide significant efficiencies in vetting and resolving the background checks that are required for USCIS benefits. Prior to BCS, information relating to the FBI Fingerprint Checks and the FBI Name Checks were stored in the FD-258 system and FBI Query system respectively.
Information relating to the TECS/IBIS Name Checks was not stored in any system.
USCIS asserts that this consolidated and centralized Background Check Services will contribute to the reduction of backlogs. This established system of records will be effective January 3, 2007 unless comments are received that result in a contrary determination. For the full text of the notice, please click here.