USCIS Background Security Checks
All applicants who seek immigration benefits are subject to USCIS security checks. Such background investigation is designed to screen out criminals and national security threats during the immigration process. However, despite its good intention and overall success, this process has serious flaws.
Currently there are a vast number of green card and citizenship applications that have been delayed by security checks for one year or more. In some cases, by several years! The problem is, while a case is pending the outcome of security checks, the beneficiary is usually allowed to legally work in the US and travel abroad. Ironically, people who get stuck are usually the ones who triggered some sort of security flags in the first place. So if a person turns out to be a real security threat, the lengthy background check actually extends his stay in the US.
For most people, all security checks eventually come out clear. But the processing delay can cause great anxiety and frustration, in addition to severe financial burdens, to those individuals affected. Many applicants have to extend their EAD and AP every year, spending $645 per person for those two documents alone. With family members, the cost can quickly approach $2000 annually.
So a speedy process not only offers much needed relief to many immigrants, but enhances national security as well.
The USCIS typically conducts three types of investigations, but may perform other reviews on a case by case basis.
IBIS Name Check
The Interagency Border Inspection System (IBIS) is a networked database from multiple agencies primarily designed to effectively control the entry of persons into the United States. It is an electronic system that can be quickly accessed by immigration officials at a port of entry (POE), as an inspection tool to identify high-risk and inadmissible travelers on the spot.
USCIS is now checking an applicant's name against this system to detect crimes, fraud schemes, and other illegal activities. For example, one component of the IBIS is the National Immigration Lookout System (NAILS) that stores millions of records created by USCIS and other law enforcement agencies. By running an IBIS name check, the USCIS is able to identify certain national security and public safety concerns before granting immigration benefits.
Because of the nature of the IBIS, this process normally takes very little time. In most cases the result of an IBIS name check is available immediately. However, if a person's name matches a record, or otherwise reveals information that requires further review, it may take additional time. But the IBIS name check is rarely a bottleneck that is slowing down the security check process.
FBI Fingerprint Check
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) located in West Virginia. People are often confused, but it is important to note that FBI fingerprint check is completely different from the FBI name check, which is conducted by the National Name Check Program in Washington DC.
An applicant will receive a fingerprint notice from the USCIS soon after submitting an immigration petition. The notice contains an appointment date, time and location (usually an Application Support Center - ASC) where the applicant needs to have his/her finger prints, signature and digital photo taken. The information is then electronically transmitted to the CJIS to check for any criminal records, using the FBI's Integrated Automated Fingerprint Identification System (IAFIS).
This is another quick process, and result is usually sent back to the USCIS within a couple of days.
If a matching record is found during finger print check, the FBI will send the RAP sheet to USCIS. An immigration officer will then review the information to determine the applicant or petitioner's eligibility for that benefit. People with previous arrests or charges should submit complete documentation and certified disposition records to avoid adjudication delays, even if they have been expunged or vacated. If you are unsure about a particular incident (whether it was considered an arrest or not), it is important to consult an attorney to ensure the accuracy of information on your application. Any misrepresentation about criminal history could result in denial of the case.
A fingerprint (FP) notice will contain a code number, indicating what information is to be collected:
- Code 1: 10 fingerprints
- Code 2: Thumb finger print, photo and signature
- Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
You may reschedule your appointment if you can't make it, by calling the national customer service line. If the notice was lost in the mail and you received a Notice of Intent to Deny (NOID) as a result of missing the FP appointment, you must respond quickly by contacting national customer service by phone, followed by a written explanation. A trip to infopass may be necessary as well. Keep detailed logs and records of your communication with the USCIS.
If your case has been pending for a number of years, you may be required to submit fingerprints multiple times during this process. In case of prolonged absence from the US, you may want to check your case status periodically to ensure that you do not miss an appointment. Unfortunately you cannot demand a FP notice from the USCIS before your departure, unless you have compelling reasons and can convince an officer during an infopass appointment.
Note that USCIS has basically stopped using the photos you submitted with your application to produce new cards, such as a green card or EAD card, although they are still required. So if you haven't had your digital photo taken at an ACS, chances are you will be asked to go before the card can be manufactured.
FBI Name Check
Since 2003, a huge number of green card and naturalization applications have been significantly delayed by the FBI name check. According to USCIS Ombudsman, more than 106,000 cases are currently pending for more than one year. The immigration community has often witnessed cases delayed by 3 years or more, sometimes even 5 years. The problem is so severe that even USCIS officials have been raising the issue, citing FBI name check as one of the most pervasive problems hindering their backlog reduction efforts. Because of its wide spread impact, we have a separate page dedicated to FBI name checks.
The USCIS explained that "Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve." However, we at immigrationroad.com do not agree with this statement. Can anyone imagine that a person's background can be so complicated that it actually takes years to investigate? What if this person is indeed a terrorist?
It is thus quite logical to assume that the majority of the delay is not caused by the investigation itself, but by the time it takes for an agent to get to the case once an initial "hit" is identified. This is definitely due to, in part, the sheer volume of name check requests. But we believe that a more streamlined process, with specific procedures to prevent leaving cases behind for years, is certainly achievable and should be a top priority for the federal agencies in the near term.
What is an "Extended Review?"
When people call service centers directly (see how here), they are sometimes told that their cases are under "extended review" or "additional review." We have not been able to obtain a clear definition from the USCIS regarding exactly what constitute an extended review, but here are three theories:
1. "Extended review" means "under review." It is a term loosely used by some representatives and could be anything, security checks, officer review, or in another word, just normal processing.
2. "Extended review" means "final review." It is referring to the final stage of the processing after security checks have been cleared and the case is ready to be adjudicated.
3. "Extended review" means "external review." It means USCIS is awaiting information from another government agency.
We will try to obtain clarification from the USCIS. Before an official answer is available, we tend to believe theory #1 is the case.
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