To ensure that immigration benefits are given only to eligible applicants, the USCIS adopted background security check procedures that screen for factors relating to fraudulent immigration applications, criminal history, and national security risks. According to USCIS, their policy is to run checks on every application, regardless of national origin, religion, or ethnicity. Although background checks sometimes result in frustratingly long delays in processing immigration applications, the Service is working to speed up the process. USCIS normally uses the following three background check methods:
- The Interagency Border Inspection System (IBIS) Name Check.
- IBIS is a system that integrates information provided from various agencies, databases, and other data systems. This compilation of data contains information regarding national security risks, public safety, and other law enforcement issues. The purpose of this system is to allow USCIS to quickly check information about an individual from several government sources at one time. This is a rapid process, and IBIS results are usually available immediately. In some cases, the Service may use information generated from an IBIS check as a basis for conducting additional investigations.
- FBI Fingerprint Check.
- FBI fingerprint checks are used to obtain information relating to a person’s criminal background within the United States. Upon receiving a request for information from USCIS, the FBI generally forwards responses to within 24 to 48 hours, and will provide an electronic copy of a rap sheet, if any. USCIS adjudicators review the rap sheet to determine its potential impact on an individual’s eligibility for immigration benefits. According to USCIS, about 10 percent of these checks reveal criminal history, including immigration violations. In the event the rap sheet indicates arrests or charges but no information about their disposition, USCIS will require the applicant to provide court certified evidence of the disposition. Incomplete criminal history documentation may cause adjudication delays or denial.
- FBI Name Checks.
- Unlike the FBI Fingerprint Check, which produces information on a person’s criminal history, the name check involves administrative, applicant, criminal, personnel, and other files compiled by law enforcement. This is a longer process than the fingerprint check, and generally takes about two weeks. According to USCIS, in about 80 percent of the cases, no match is found. If a match is found, it usually takes approximately six months to complete the inquiry, with less than one percent of cases pending longer than six months due to complex, highly sensitive information. USCIS uses this information to resolve immigration eligibility issues.
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