What is this THIRD check???????

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I spoke with an attorney this morning and he said that USCIS alleges that the Background check and the name check are two separate things?

He told me that there are three checks:

1. Fingerprints check
2. Name Check
3. Background check

What is this? Regarding the last check, the lawyer wasn't sure if it was done through the CIA or FBI. FYI, in his words, all of these checks concerned the Naturalization process.

I won't be surprised if USCIS will start applying Polygraph examinations as part of their process. Many applications can then be denied easily based on Unclear Polygraph Test Results.
 
Thanks Rahul

This was posted by the majestic Aurora.

It is correct that there is no CIA check for N-400 applicants. CIA check is
done for I-485, Amnesty and other applicants; other than N-400 and N-600.
For CIA check the USCIS sends applicant's G-325 (Biographic Information
Form) copy to CIA. Only checks involved for N-400 applicants are :

1. IBIS (done by USCIS themselves) - this check has validity of 35 days -
this check is against IBIS (maintained by USCPC - Customs and Border Patrol)
using applicant's full name and date of birth (without place or country of
birth). This check is done by USCIS staff on the computer terminals
connected to IBIS. A no hit is termed "IBIS OK" in BCIS' jargon. An "IBIS
DNR" (Does Not Relate) is when a match exists but does not relate to the
applicant, which is, in other worlds, a no hit as well. IBIS is exempt from
FOIPA requests, that is, a person cannot use FOIPA to find out if his/her
name is in IBIS.

2. FBI Fingerprint (FD258) Ident against NCIC database - this has a vaildity
of 18 months, per a MOU between FBI and USCIS. Any applicant can call FBI
NCIC (Clarksburg, WV) at 304-625-3878 to find out if his/her fingerprint
ident. result has been sent back to USCIS. Work through various voice prompt
at this phone number to talk to a live representative. The results of this
check are normally returned within 24 hours for person with no criminal
records or outstanding warrants. No hit is termed "NO IDENT" in FBI's
jargon. An FOIPA request (with FD258/fingerprints) would reveal if an ident.
record exist or not.

3. FBI Name Check against Central Records System (CRS) - this check
basically meant to find out if the applicant has ever been subject/target of
any FBI investigation. There is no documented validity period for this
check. This check can take anywhere from 1 day to 1 year. No hit is termed
"NO RECORD" in FBI's jargon.An FOIPA request would reveal if a record exists
or not. FBI may not disclose full details but at least tell you if a record
exist. Also, presence of a record does not mean that it is something
negative.
 
Rahul Kumar said:
IBIS is foia exempt. Google IBIS
Click to expand...

Thanks Rahul. Can USCIS hold my case based on the fact that IBIS check is pending. Aurora said this check has a validity of 35 days. I don't really understand what he means by that. And unfortunately for us, he disappeared from the Internet in 2003, so there is no way to get in touch with him.
 
IBIS Checks Now Valid for 90 Days

Under the standard operating procedure that began in July 2002, the USCIS was required to conduct a new Interagency Border Inspection Systems (IBIS) records check whenever an applicant's last IBIS check had not occurred within the past 35 days. The validity period of the IBIS check has now increased significantly. This will result in substantial savings to the government in financial costs as well as in time, since they will no longer have to confirm repeatedly that an applicant for an immigration benefit is free of criminal issues and poses no security threat to the U.S.
William Yates, Associate Director of Operations, USCIS, issued a memo on January 20, 2004 changing the 35-day requirement to a 90-day requirement.
The USCIS conducted a study to determine whether the validity period of IBIS checks could be extended to 60 days, 90 days, 6 months, or 9 months. The study revealed that, at present, 90 days is the viable timeframe. The policy outlined in the Memo should reduce the backlog by preventing the need for a second or subsequent IBIS check in a number of cases pending at the USCIS service centers and district offices.
 
I was under the impression that IBIS is an almost instantaneous check, so there should be no holdup due to that.
 
I read somewhere in this forum that IBIS check is faster than name check but can still can take upto 35 days.
 
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