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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 the 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, they assure the public that
applicants are not singled out based on race, ethnicity, religion,
or national origin.
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 CheckCheck - 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.
(please note that in a recent radio interview [ November 6,
2007] IALA conducted with Michael Cannon, Section Chief of the
FBI name check program, he explained about 68 percent of USCIS
name check inquires are processed and returned within 72 hours
with “No Record”, about 22 percent of the inquiries
will take up to 6 months to process and about 10 percent will
take more than six months. In other words according to Section
Chief Cannon 90 percent of USCIS inquiries are processed within
6 months)
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.
USCIS may continue to request an expedited FBI name check if
the case meets one of the other approved criteria, including:
1. Military deployment,
2. Age-out cases not covered under the Child Status Protection
Act, and applications affected by sunset provisions such as
diversity visas,
3. Significant and compelling reasons, such as critical medical
conditions, and
4. Loss of social security benefits or other subsistence at
the discretion of the USCIS District Director.
USCIS also requests an FBI name check to screen out people
who seek immigration benefits improperly or fraudulently and
ensure that only eligible applicants receive benefits.
Frequently Asked Questions :
- Once an individual has learned that
his/her name has been submitted to the FBI for a name check, how
long should he/she wait before following-Up regarding the results?
The length of time it takes for a name check to be completed varies
from name to name. Normally, a name is submitted by an agency,
such as the United States Citizenship and Immigration Services
(USCIS) on a data tape. Recent reports indicate that the National
Name Check Program (NNCP) receives over 62,000 name checks every
week, with over 27,000 coming from USCIS on a weekly basis. When
a data tape comes in, the names on the tape are electronically
checked against the Federal Bureau of Investigations (FBI) Universal
Index (I.JNT) The searches seek all instances of the individual’s
name appearing in both main files and reference files. A main
file name is that of an individual who is, himself, the subject
of an FBI investigation, whereas a reference is someone whose
name appears in, an FBI investigation. References may be associates,
conspirators, or witnesses.
The majority of name checks submitted on a data tape are electronically
checked and returned to the submitting agency as having “No
Record” within 48 - 72 hours. A “No Record”
indicates that the FBI’s UNI database contains no identifiable
information regarding a particular individual. Duplicate submissions
(identically spelled names with identical dates of birth submitted
within the last 120 days) are not checked, and the duplicate findings
are returned Immediately to the submitting agency.
A secondary manual name search conducted within 30 - 60 days usually
identifies additional requests as having a “No Record.”
The remaining name checks (usually about 10% of the name checks
originally submitted) are identified as possible being the subject
of an FBI record. At this point, the FBI record must now be retrieved
and reviewed. If the record is available in the FBI’s electronic
record keeping system, it can be reviewed quickly. If not, the
relevant information must be retrieved from an existing paper
record. Review of this information determines whether the information
is positively identified with the name check request. If the information
is not identified with the request, the request is closed as a
“No record,” and the requesting agency is notified
as such.
The average time required to retrieve and review an FBI record
for possible information related to a name check request is case
specific and it depends on the number of files an analyst must
obtain (which is dictated by the number of “hits”
on a name), the location and availability of those files, and
the amount of information contained in a file. If a file is stored
locally, an analyst will be able to obtain the file within a matter
of days. If a file is located in a field office or other FBI location,
the applicable information must be requested from that location.
There are over 265 different FBI locations that could house information
pertinent to a name check request. If a file is electronically
available, an analyst will have immediate access to that file.
Additionally, once an analyst receives the file, or the pertinent
information contained in a file, the analyst must review it for
possible information related to the name check request.
Many times, the delay associated with the processing of the remaining
name checks is not the actual time it takes to analyze the information
in a file for a name check, but the time it takes for an analyst
to get to the name check request in order to analyze it. This
is due to the constant volume of name checks, several million
each year, combined with the FBI’s current work on processing
residual name checks from a batch of 2.7 million requests submitted
by USCIS in December 2002, as compared to the NNCP’ s limited
resources. Less than 1% of the requests are identified with a
file containing possible derogatory information. If applicable,
the FBI then forwards a summary of the derogatory information
to the requesting agency. It is important to note that the FBI
does not adjudicate the name check requests, but only provides
available information to a requesting Agency for its adjudication
process.
- If a person wishes to follow-up
regarding the status of their name check, who is the appropriate
person within the FBI to contact? Is there a liaison ombudsman
for the public to contact?
The FBI will only respond to status inquires from the Customer
Agency. If a person wishes to follow-up regarding the status of
their name check they should contact the organization receiving
their original application. In Citizenship and Immigration cases,
contact USCIS for a status.
- We know that there is a backlog because of 9-11, but
why are there still some individuals waiting for two to three
years for their results.
See the response to Question Number 1 above regarding the length
of time it takes to complete a name check.
- Regarding the backlog, is there an
estimation of how much time before they are resolved?
Unfortunately, the FBI is unable
to provide an estimation of when the backlog will be completed.
As stated in the answer to Question Number I above, each name
check request is case specific.
- There are occasions where an individual’s
name has been submitted to the FBI and while the individual is
awaiting the results, their documents expire (usually immigration
related) and they are in “limbo.” What is their recourse?
Questions specifically involving immigration issues should
be addressed to the Immigration authorities.
- Do non-government agencies submit:
name check inquires to the FBI?
In addition to Federal agencies, the FBI’s name
check customers include
Congressional committees, the Federal Judiciary, foreign police
and intelligence agencies, and state and local criminal justice
agencies.
- On occasion, when someone has been
waiting over a year for the results of their name check, immigration
will say “FBI is still in the process of conducting a name
check.” However, when the FBI is asked about the status
of their name check, the FBI’s response is that the name
check has been completed. What is the recourse?
If the FBI has provided information indicating that a name check
submitted by USCIS is complete, it means that according to the
FBI’s name check database, the name check was completed
and the information was forwarded to USCIS Headquarters in Washington,
D.C. In such a case, an individual should again contact USCIS.
- If someone has been waiting more
than six months for the results of their name check, they have
to resubmit their fingerprints to the FBI for review. Thus, for
individuals waiting one, two, or three years for a name check,
this becomes nonsensical. Why is resubmission of fingerprints
required?
In accordance with policy established by the FBI’s Criminal
Justice Information Services (CJIS), fingerprints are valid for
15 months. If an application has not been completed during the
15-month validity period, the applicant will be fingerprinted
again if the earlier set of prints resulted in a non-ident (no-record)
response. If the earlier response was an indent (rap sheet), the
local immigration office may obtain an updated rep sheet from
CJIS instead of. scheduling the applicant for another fingerprinting.
- Why has there been an increase in
name check requests made to the FBI?
As a result of the increase in post-911 counterterrorism and homeland
security efforts, the number of FBI name checks has grown. Additionally,
new laws, regulations, policies and Executive Orders, such as
the Homeland Security and Presidential Directive 12, are now requiring
National Agency Checks (NACs) resulting in FBI name checks where
none were previously required.
- Who is able to make name check requests
to the FBI?
The FBI’s name check customers include Federal agencies,
Congressional committees, the Federal Judiciary, foreign police
and intelligence agencies, and state and local criminal justice
agencies.
- What kind of information is provided
by the FBI to the requesting entity?
As stated above, if the FBI’s initial database search does
not locate any identifiable information regarding a particular
individual, the requesting entity will receive a response of “No
Record”. If the initial database search yields a possible
“hit”, and an additional manual review results in
no identifiable information regarding a particular individual,
the requesting entity will also receive a “No Record”
response. If a file is positively identified with a name check
request, an employee reviews the file for possible derogatory
information. If the information in the file is considered not
pertinent to the request or not derogatory in nature, the requesting
entity will be notified as such. If derogatory information exists,
that information will also be passed to the requesting agency.
How to Contact USCIS and FBI to Check Case Status
- USCIS Online Status Check
With a case number, you will be able to see the current status and the last updated date (LUD). You can set up a profile, including user name and password, and create a portfolio that includes all your immigration cases. Then log on and see the latest updates on all of them, such as I-485, I-140, AP, EAD, spouse’s cases, etc. Another useful feature for this option is that you can set up an email alert to receive automatic updates. Note that if there is a LUD change, but the message remains the same, you will not receive an alert.
- Call National Customer Service at (800) 375 – 5283
Unfortunately, the customer service representatives don't know much more than what the online system shows. So it is not very helpful in most cases. However, on the phone you may place an inquiry with the service center that is processing your case.
- Place a USCIS Inquiry
If your case is 30 days outside of the current processing dates, you can call customer service ( 800-375-5283) and place an inquiry. The representative will send an online message to the service center, which then mails you a letter in a few weeks to explain why your case hasn't been adjudicated. Recently, the answer is usually "your case is pending security check" or "your case is still within our processing dates."
- Talk to a Service Center Representative Directly
Still by calling 800-375-5283, you will hear a long list of options. Choosing the right options will lead you to the service center that is processing your case. Because each case is unique, you need to listen to the options carefully and choose the ones that fit your case.
Even if you reach the center, you may be automatically transferred back to general customer service. But sometimes your call will be picked up at the service center. Explain your situation briefly, be polite but persistent, and ask about your case status. They do know a lot more details about your case, but have been instructed not to reveal much information, especially regarding background checks and FBI name checks.
- Set up an Infopass Appointment
An infopass allows you to talk to an immigration officer directly, who has access to more information than the online system. So this is a better option to check on case status. An officer would be able to tell you whether your FBI name check has been cleared. This information alone is worth a trip for many.
- Filing a Writ of Mandamus
If all inquiry efforts fail, you have no choice but to sue the Government. The law suit is called writ of Mandamus. In Citizenship or Adjustment cases, this means that the U.S. federal court could require the USCIS to make a decision on a case within a reasonable timeframe, instead of delaying the decision for years and, thereby, effectively denying the individual certain constitutional rights.
Applicants and petitioners whose immigration cases have been substantially delayed by background checks may benefit from filing a writ of mandamus against the government in a U.S. federal court. The USCIS no longer expedites FBI background checks simply because a foreign national has filed a writ of mandamus action. However, the filing of a writ of mandamus case can result in the resolution of cases for which no further background investigation is required.
A writ of mandamus action may also be used to resolve delayed N400, citizenship (naturalization), cases that have been pending for more than six months. They can also be used if the USCIS fails to make a decision on a citizenship case within 120 days of the completion of the interview. Writ of mandamus actions are not limited to permanent residency and naturalization cases, and can be used when there are delays in I-485 adjustment cases as well.
For a list of Nationwide pending, approved or denied writs of Mandamus see Wikibooks @: http://en.wikibooks.org/wiki/FBI_name_check
USEFUL LINKS AND TELEPHONE NUMBER FOR USCIS and InfoPass appointment
: www.uscis.gov
& 1-800-375-5283
RECENT DEVELOPMENTS AS OF FEBRUARY 6, 2008
USCIS previously required that the FBI name check clearance be obtained before any immigration benefits applications were approved, regardless of the length of time required for the FBI name check approval. USCIS issued a revised FBI name check policy, :
"Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the 1-485,1-601,1-687, or 1-698 and proceed with card issuance. The FBI has committed to providing FBI name check results within this timeframe." (see memo from USCIS)
Department of Homeland Security Citizenship and
Immigration Services memorandum and fact sheet April 25, 2006
IALA Radio interview with FBI Name Check Section Chief Michael Cannon
and Christopher Bentley, Press Secretary and Manager of Public Relations
of USCIS conducted on November 6, 2007 at KRSI Radio.
Department of Homeland Security Citizenship and Immigration Services
(USCIS) memorandum February 20, 2007
FBI- Los Angeles Field Office Multi-Cultural Advisory Committee
FAQ handout March 26, 2007
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