January 8, 2007 | In: 范毅禹律师
有关移民局的Immigration Background Check
为了加深大家对移民局 Immigration Background Check程序的认识，以下我们将对其程序中主要三个部分作出一些解释以供有关信息以供大家参考。此三个部分包括了：1. FBI Fingerprint Check; 2. FBI Name Check; 3. Customs and Border Protection Treasury Enforcement Communication System / Interagency Border Inspection System Name Check (TECS/IBIS) 。
USCIS conducts three different background checks on petitioners applying for USCIS benefits.
1. FBI Fingerprint Check 2. FBI Name Check 3. Customs and Border Protection Treasury Enforcement Communication System / Interagency Border Inspection System Name Check (TECS/IBIS)
The FBI Fingerprint Check is a search of the FBI’s Criminal Master File conducted using the Integrated Automated Fingerprint Identification System. This search identifies any applicants that have an arrest record. According to USCIS, generally FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS within 24-48 hours. USCIS adjudicator will review this RAP sheet to determine what effects it will have on eligibility for the applied-for benefits. A vast majority of the inquiries yield no record or match, but approximately 10% of the checks do reveal a criminal history. The results will also show any immigration violations.
The FBI Name Check is completely different from the FBI Fingerprint Check. It is a search of the FBI’s Universal Index that consists of administrative, applicant, criminal, personnel, and other files compiled for law enforcement purposes. According to USCIS, the initial responses to this check usually take two weeks. In about 8 out of 10 cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Reportedly, less than one percent of cases that undergo an FBI Name Check remain pending for longer than six months. Many of these cases involve highly sensitive information and cannot be resolved quickly. The FBI Name Check is not considered complete until full information is obtained and eligibility issues arising from it are resolved.
The TESC/IBIS Name Check is a search of a multi-agency database containing information from 26 different agencies. The information in TECS/IBIS includes records of known and suspected terrorists, sex offenders, and other people that may be of interest to the law enforcement community. USCIS will use TESC/IBIS to access National Crime Information Center (NCIC) records on wanted persons, criminal histories, and previous Federal inspections. According to USCIS, results from the TESC/IBIS check are usually available immediately, although sometimes the information found during this check leads to further investigation. This check will not be deemed completed until all issues that come up during the initial check are investigated and resolved.
Recently a newly proposed system called Background Check Service will act as a central repository for the results of all of these checks. Under this system, all of the background check results will be posted to the Background Check Service website. Previously these results were not accessible in one system, but now as final determinations are made USCIS adjudicators will be able to access the results in one location.
It is important to remember that background checks are considered pending until a final response is received from the relevant agency (i.e. FBI). If your case requires further investigation, the background check will not be considered complete until after the investigating agency issues a final finding to USCIS. According to USCIS, some cases legitimately take months or even several years to resolve. For the cases that have a pending background check, every USCIS office performs regular reviews to determine whether the cases are cleared and ready for final adjudication. It is USCIS policy not to share information about the records match or the nature or status of any pending investigations with the applicant or their representatives. In the current security-focused political climate, Fan, Fitzpatrick and Thompson urges petitioners to remain patient during the background check process. If you are one of the unfortunate petitioners whose background check is pending, the best option is waiting.
Source: Understanding the Immigration Security Process
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