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| FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared. |
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http://usinfo.state.gov/gi/Archive/2...04-878088.html
Immigration Security Checks—How and Why the Process Works 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 their 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, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. 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 Check— 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. 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. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives. |
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more info
http://www.fbi.gov/congress/congress...rity071003.htm Compare the times with the latest ombudsman report. ========== FBI name checks blamed for immigration benefits delays http://www.govexec.com/dailyfed/0607/062207e1.htm By Elizabeth Newell enewell@nationaljournal.com June 22, 2007 The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants. "FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11. According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months. In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly. In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review. The FBI also is working to develop a Central Records Complex to house paperwork and files. "Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world." To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process. "Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a state sponsor of terrorism, or is a member of the U.S. military," said in his report. He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically. "That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect." The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause. He said he agrees with USCIS case workers and field office supervisors that "the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction." This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months. While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations. http://www.govexec.com/dailyfed/0607/062207e1.htm ============== Last edited by pappu; 08-04-2007 at 06:19 PM. |
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http://triceiver.com/USCIS_Backgroun...migration.aspx
USCIS Background Security Checks Copyright © Triceiver.com The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared. However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities. Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary. IBIS Name Check According to USCIS, “The Interagency Border Inspection System (IBIS) … 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.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community. FBI Fingerprint Check After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours. However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications. The USCIS finger print notices will contain a code number, which represents 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) Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt. The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case. Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below. FBI Name Check The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check. However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that: “FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and “Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.” Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page. |
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How to Contact USCIS and FBI to Check Case Status
1. 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. 2. 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. 3. 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." 4. 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. 5. 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. 6. Place a Congressional Inquiry Writing to your senators and/or house representatives is another good option for people whose cases have been pending for a long time. Go to these websites: and find the congressional representatives for your region. Write a personalized letter to briefly explain your case details (a copy of your i485 receipt notice would help), mention how long it has been pending, and ask for his or her help to inquire about your case status. If you are stuck in FBI name check, and have completed an FOIPA request, send in the response as well which might help. Some congressional offices are not willing to contact the FBI directly, some will but only if your case is pending for more than one year, yet some will not even respond to your letter. So your mileage may vary. Also you may have to wait several months to receive a response in the mail, possibly due to the increasing number of letters asking for help. The FBI has clearly stated that congressional inquiry will not help expedite the name check process. However, due to the lack of communication channels with the FBI, even a confirmation that name check is pending is worth the effort for many people anxiously waiting. Sad, but true. 7. FBI Name Check The FBI is no longer responding to emails sent to FBINNCP@ic.fbi.gov, so a congressional inquiry or infopass with the USCIS may be the only options. 8. FBI Fingerprint Check Call the FBI at 304-625-5590, and a representative may be able to tell you when the result was sent back to the USCIS. Since it is usually within 24 - 48 hours, this is only useful to confirm that FP was actually processed. |
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I am researching this topic and will post more as I find answers
================ http://www.dhs.gov/xlibrary/assets/p..._uscis_bcs.pdf http://immigrationvoice.org/media/fo...NNCP_part1.pdf Last edited by pappu; 10-18-2007 at 03:35 PM. |
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FBI NAME CHECK banners (see below) should be displayed during the september rally to illustrate the painful delay in the NAME CHECK process.
DELAY IN SECURITY CHECK UNDERMINES THE GOAL OF NATION'S SECURITY!! PREVENTION IS BETTER THAN CURE!!! LONGER THE DELAY GREATER THE RISK!! Media and Congress WILL PAY to this issue! Last edited by HV000; 08-04-2007 at 07:58 PM. |
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HV000,
I agree with you. How ever you have not still updated your profile with DC rally attendance info. Please follow the thread (Please update your profile for the DC Rally) here to update your profile. Thanks |
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Quote:
fixing the lengthy name check issues. |
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Very relevant info regarding FBI namecheck:
http://immigrationportal.com/attachm...3&d=1179435102 Relevant part below: Testimony of Michael Cannon, Section Chief National Name Check Program Section Records Management Division Federal Bureau of Investigation (FBI) Feb 9th, 2006, US District Court Southern District of Florida (1) 1 am currently the Section Chief of the National Name Check Program Section ("NNCPS"), formerly pa rt of the Record/Information Dissemination Section ("RIDS"), Records Management Division ("RMD"), at the Federal Bureau of Investigation Headqua rters ("FBIHQ") in Washington , D.C. I have held this position since March 7, 2005 . This declaration supplements my January 30, 2006 declaration previously submitted in this ma tter and is intended to provide further information in accordance with the order issued in the above captioned case on February 9, 2006 by the Honorable United States Dist rict Judge Ursula Ungaro-Henagcs . (2) This Honorable Court is seeking additional information on the FBI' s name check process, including the amount of time, on average, required to complete a name check requiring a secondary manual search; the average time required to retrieve and review an FBI record for possible derogatory information ; and why it took three years to complete the plaintiffs name check. (3) The amount of time, on average , required to complete a name check requiring a secondary manual search varies from case to case. Because there is a backlog of cases currently pending, it is difficult to compute an overall average. As mentioned in my January 30, 2006 declaration, approximately 68% of the name checks submitted by the United States Citizenship and Immigration Services (USCIS) are electronically returned to USCIS Headquarters as having "No Record" within 48 hours, with a secondary manual search usually identifying an additional 22% of the requests as having a "No Record," for an overall 90% "No Record " response rate . The additional 22% identified as having a "No Record" are returned to USCIS Headquarters within 30 - 60 days of the date of their original submission. As mentioned in my January 30, 2006 declaration, the remaining 10% are identified as possibly being the subject of an FBI record, which requires the retrieval and review of the record . (4) Many times, the delay associated with the processing of the remaining 10% is not so much the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name checks submitted by USCIS, in addition to the FBI's other customers, combined with the FBI's current work on processing the residual name checks from the 2 .7 million name check requests submitted by USCIS in November 2002, as compared to the National Name Check Program's (NNCP's) limited resources. So far this fiscal year, the NNCP has received a total average of over 62,400 name checks per week, with over 27,700 coming from USCIS on a weekly basis . (5) The average time required to retrieve and review an FBI record for possible derogatory information is case specific, 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 located at the Alexandria Records Center located in Alexandria, Virginia, an analyst will be able to obtain a 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. 'here 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 a file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible derogatory information . The length of time this takes depends on the amount of information in a file and its complexity. (6)The name check request for the plaintiff Maria Trujillos was submitted by USCIS 28 on March 25, 2003 . The timing was such that the submission of the plaintiffs name check request immediately followed the submission of the 2 .7 million names resubmitted by USCIS November 2002 , which unfortunately delayed NNCP' s ability to immediately address the plaintiffs name check request. Plaintiffs name check could not be immediately addressed because the submission of the 2.7 million name checks further depleted NNCP's ability to quickly address its current workload at that time , in addition to hindering NNCP's ability to address future submissions, which included the plaintiff s name check . This, combined with the factors outlined in paragraphs (3) - (5) above, contributed to the time it took to complete the plaintiffs name check . Last edited by InTheMoment; 08-04-2007 at 09:26 PM. |
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Absolutely unbelievable-
Get this: A fingerprint check takes 24-48 hours but a name check takes upto 6 months!!! There are over 8 billion individuals on the planet, and how many have duplicate names? OK, now how many have similar names? And by the way, if you already have a fingerprint, why does name check take so long? Reminds me of the scene in the recent Simpsons movie, where the government guy jumps up and shouts "Woo Hoo, we actually found someone we were looking for!". The bromide goes that truth is stranger than fiction, but it should be amended to "The truth is more idiotic that fiction". |
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It will not help. Your aliases will be checked too. If you look at the names of 3000 or people stuck in name check, it is mostly Indians, Chinese, Russsians and a smattering of some Arab names from all over the world including middle east and Africa. Most are men. Evidently, this is racial and religious profiling based on "classified criterion". It will be interesting if AILA files a class action suit against FBI/USCIS by a whole class of people targetted, who in most cases have nothing to do with any crime.
http://www.petitiononline.com/nc082505/petition.html Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is! Quote:
Last edited by brb2; 08-05-2007 at 08:49 PM. |
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