Skinny on Security and Background Check...

[Guest ShaQuaNew]

If a petition is given what is called an IBIS, NIIS or other database "lookout hit" or "red flag", the file is pulled into a separate track for elevated security scrutiny and moves into ADMINISTRATIVE REVIEW "extended processing". Processing time may thus correspondingly increase, sometimes by 4 TO 8 WEEKS, OR EVEN 4 TO 6 MONTHS OR LONGER. BE PREPARED TO WAIT. Examples of a security check "lookout hit" or "red flag" are: Petitioner or Beneficiary has a CURRENT or PAST criminal or firearms violations record, such as arrests, convictions, or incarceration, most notably involving domestic violence or sexual offenses; Petitioner or Beneficiary has a CURRENT or PAST immigration violation or immigration petition which implicates fraud, misrepresentation or falsification; or something as simple as Petitioner or Beneficiary has a "common last name" such as "Jones" or "Smith" because of additional time necessary to screen out all other people with the same common last name who may have criminal backgrounds. Elevated security scrutiny may require the assigned immigration officer, or a security clearance team or unit, or both, to follow internal protocols about filling out extra forms, reviewing the records, transcripts and files of prior criminal cases and immigration petitions, reporting back to the product line supervisor and ultimately making a decision under strict guidelines about approving the present petition or not.

 

If the petition is approved, it is next sent to the National Visa Center (NVC) in Portsmouth NH USA, where the petition is further processed: case registration with their database, and another criminal and immigration name check. Thereafter, the petition is sent to the appropriate U.S. Consulate for visa processing, which includes further security checking, namely another NCIC check, and an "anti-terrorist" CONDOR and MANTIS check. (*Please note that when a Petitioner or Applicant passes the Service Center's security check, there is no guarantee that he or she will automatically pass the NVC and Consulate security checks because these are each independent checks.) Naturally, all these immigration and visa processing times can also be slowed due to current and relevant worldwide developments, such as military conflicts, Embassy slow downs or closures and terror alerts.

 

For More Information on IBIS Background Checks, see:

U.S. Department of Justice, Office of Inspector General's Report.

For More Information on Security Name Checks, see:

SECURITY NAME CHECKS AND ADMINISTRATIVE REVIEW

 

 

 

SECURITY NAME CHECKS

AND ADMINISTRATIVE REVIEW*

REVISED: March 2005

 

For public safety & welfare and national security reasons, all visa petitions under current regulation and procedure are placed through security name checks at three locations: USCIS office, National Visa Center (NVC) and the U.S. Consulate where the visa is ultimately issued.

 

There can be not one but several levels of security checking: There is an initial security name check done rountinely on all in-coming petitions. If the results produce a "lookout hit" or "red flag hit", the petition is placed in line for additional more intensive customized security screening, which could include a request for full fingerprints and which obviously has the undesirable effect of extending processing time for adjudication. While security checking is widely focused on the visa beneficiary, petitioners and even attorneys and consultants involved in a case are subject to security screening.

 

A Lookout Hit or Red Flag Hit can be generated on a visa petition, among other reasons, for any the following:

*Past arrest record

*Past criminal conviction record

*Past firearms record

*Past record of domestic violence or sexual offenses

*Past fingerprint record with any law enforcement agency

*Watch List or Pending Charges "Hit": Petitioner or Beneficiary is currently on watch list or wanted on pending charges with any law enforcement or other government agency, (local, state, federal, FBI, INTERPOL, Homeland Security, State Department designated terrorist group list)

*Common or Similar Last Name with others in the database who have

past arrest or conviction records (sometimes called a "False Hit")

 

Under post 09-11 legislation such as USA Patriot Act, Border Security Act and Intelligence Reform Act, our Immigration Service, the Consulates, and Customs and Border Protection, have worked to significantly upgrade their technological capabilites, increase inter-agency data-sharing and coordinate investigative activities. The current policy directive is "zero tolerance" policy for security issues. The on-going U.S.Visit program is one example. Another important example is the implementation of a critical software upgrade which effectively links up Immigration and Consular databases with many local law enforcement data bases and the FBI criminal database.

 

Obviously, any security name check is only as good as the accuracy and completeness of the database upon which the check the done. Here is a sample of the principal databases upon which an immigration and consular security check can be done currently:

*NCIC (National Crime Information Center)(also called FBI criminal database)

*IBIS (Interagency Border Inspection System)

[Click Here for More Information on Security Checks with IBIS.]

*NIIS (Non-Immigrant Information System)

*CLASS (Consular Lookout and Support System)(This name-check database

in particular has been greatly expanded, now storing up to 18 million records.)

*CCD ( Consular Consolidated Date Base)(Stores 75 million records of past visa applications and outcomes)

*TIPOFF (Classified DOS Bureau of Intelligence database)

*NAILS (National Automated Immigration Lookout System)

*TECS II (Treasury Enforcement and Communucation System)

*TSC and TTIC databases (DOS Terrorist Screening system)

 

At USCIS (Homeland Security Department) stage, currently, NCIC, IBIS and NIIS database checks are done, with the option, if warranted, to do additional database checks.

 

At National Visa Center (State Department) stage, a separate independent NCIC database check is done by in-house FBI staff in connection with information supplied in the DS-230. Based on results, NVC has the option to request full fingerprints to be taken at post. NVC checks can usually be completed in 24 hours. In some limited cases involving high-risk visa applicants meeting certain specific criteria, NVC also does Security Advisory Opinions (SOAs) before sending the file to Consular Post.

 

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)

[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

 

CONDOR refers to a check done mostly of information supplied on Form DS-157, and focuses on visa applicants with a potential terrorist, firearms or weapons background. CONDOR in most cases should be completed in 90 days or less. If not, contact the VO Public Inquiry line at Tel: 202-663-1225 or usvisa@state.gov

 

MANTIS refers to when potentially sensitive technologies might be used by the visa applicant in her visit to the U.S. If the visa applicant might employ a "critical-fields" technology in the U.S. which could have a "dual-use" such military or national security application, this check will be done to screen out a high-risk applicant. Most MANTIS checks can be done in 30 days. If not, contact the SAO Problem Resolution Unit at saoinquiries@state.gov.

 

NCIC (via CLASS) refers to the name check procedure done by the Consulate with the NCIC criminal database at FBI. This procedure screens visa applicants by name to see if there is a "hit" with the criminal database: that is, a person in the criminal database has the same or very similar name to the visa applicant.

 

"False Hits" Problem: Consular posts however have recently been inundated with "false hits" from 7 million new names added to the NCIC database, including persons with convictions for minor offenses such as simple DUIs and shoplifting. Many visa applicants with common names with those in the database get a "false hit": the refers to when a visa applicant's name matches a name in the datebase but is NOT actually that same person in the database, just a person with a common or very similar name. This places the case into what is called "Administrative Review". Under current rules, the Consulate is required in this circumstance to receive full clearance from FBI (via the NVC) before Consulate can issue the visa. It may require a full fingerprint check and customized investigation. Full clearance from FBI (via the NVC) in most cases can take 4 to 6 weeks, but in some cases much longer and even months.

 

"False hits" have become a major problem for some visa applicants. There are reportedly an alarming number of false hits caused by similar or identical or very similar names, or errors, inconsistencies or discrepencies in listed names in official documents. This is true especially in countries, such as the Latin countries, where there are only a few surnames and name-similarity is common, or record-keeping accuracy in official documents is dubious. Reportedly, approximately half of all names in the NCIC database are Latino, and this has resulted in a high number of false hits for individuals with common or very similar last names at Consulates in the Latin countries. Applicants presently are not allowed the opportunity to prove that they are not the same person as that on the database, nor is there a way to initiate security checking in advance of the visa application.

 

Thus, the best protection for visa applicants to avoid name check problems and delays resulting from Administrative Review at the Consulates and USCIS is: providing full, accurate and truthful name information (first, last, middle, and other) in all forms and documents, timely submission of local police clearance reports and promptly complying with any request for full fingerprints.

*STATUS CHECK OF CASES IN ADMINISTRATIVE REVIEW: Status Checks of cases in administrative review should first be addressed to the Consulate in question. Click Here for List of Consulates. The State Department's Office of Visa Services can also assist in status checking of cases which are unusually delayed. Tel: 202-663-1225 (Punch 1, Then 0, Avg. Wait Time Approx. 15 minutes to Speak with a Live "Visa Specialist", ET 8:30 AM to 5:00PM). E-Mail: usvisa@state.gov Click Here for More Information.

*WRIT OF MANDAMUS: In certain extra-ordinary cases, a Federal Court remedy may be potentially available: Action for Writ of Mandamus filed in the District Court where the Petitioner resides. As explained by the U.S. Court of Appeals, 9th Circuit:

"Mandamus is an extraordinary remedy and is available to compel a federal official to perform a duty only if: (1) the individual's claim is clear and certain; (2) the official's duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt, and (3) no other adequate remedy is available. Azurin v. Von Raab, 803 F.2d 993, 995 (9th Cir.1986)."

See: Patel v. Reno (U.S. Court of Appeals, 9th Cir., No. 96-55359a, Jan. 16, 1998)(Court issues writ of mandamus to Consular Officials at U.S. Consulate in Bombay, India because "consulate had a duty to act" when Petitioner's family visa applications were under administrative review for eight years without decision).

*INTERNATIONAL MARRIAGE BROKERS BILL: Security Name Checks at USCIS and Consulate will only intensify if current pending legislation is passed by Congress and signed by the President. Pending legislation mandates higher level security checks of both Petitioner and Beneficiary, including check of court-restraining (or "no-contact") court orders and past domestic violence history, and limit Petitioners to one fiancee visa petition per calendar year.

See: International Marriage Brokers Bill.

RESEARCH BIBLIOGRAPHY:

 

1. "Navigating Through the Maze of Security Checks", Walsh & Wolfsdorf, Visa Processing

Guide 2004-05 Edition, Published by American Immigration Lawyers Assn.-AILA,

 

2. Department of Justice, Office of Inspector General, February 2003, Report No. 03-14.

 

3. "DOS Answers to AILA Questions" (Mar. 27, 2003), posted on AILA InfoNet at Doc. No. 03040340 (Apr. 03, 2003).

 

4. "DOS Answers to AILA Questions" (Oct. 02, 2002), posted on AILA InfoNet at Doc. No. 02100340 (Oct. 03, 2002).

 

see....

http://www.garybala.com/

Edited September 16, 2005 by ShaQuaNew (see edit history)

[cosmiclobster]

Hmmmm

All these "security" checks and my wife had to get her fingerprints and biometrics done a second time when she applied for AOS (for $70).

Too bad all these "security" agencies haven't learned to share . . . . .

 

I guess I should be happy that they didn't make her go back for biometrics 9 times so each of the 9 agencies could have their own set of her biometrics . . . . . .

 

They sure are good at generating paperwork and a bunch of fancy acronyms though!!

[HanLi]

You are full of info passing today.... Thanks for your research and posts!!

[Mick]

Thanks for posting this. I think it only shows, in great detail, what a true pain in the keester this whole process really is. What galls me most is the fact that you can float up on a inner tube in South Florida, or cross the border in Arizona, and go straight away to California and get a drivers license and have the support of an illegal aliens lobby no less.

 

Fascinating...

 

If Congress passes further legislation, things will only slow down more. I guess that's the price we pay by doing it legally.

 

Back in the Black Hole Days, when all of this Condor, IBIS, etc was being implemented, it was a real nightmare. Names were submitted, re-submitted, lost or just lay on someone's desk for months.

 

Just what we need. More legislation....

[cosmiclobster]

Ohhh, and it is so refreshing to know that if they do get a "hit", it could easily take another 6 months for them to decide if it is real or not.

THAT really gives me a sense of security!!!!

[Trigg]

Lets not forget about the person a few months ago who had been convicted of child molestation and passed security and got visas for his wife and new 5 year old stepdaughter--whom he promptly molested--yup they are doin' a fine job!!!! To bad he wasn't named Jones huh!!

[Guest ShaQuaNew]

Lets not forget about the person a few months ago who had been convicted of child molestation and passed security and got visas for his wife and new 5 year old stepdaughter--whom he promptly molested--yup they are doin' a fine job!!!!  To bad he wasn't named Jones huh!!

154381[/snapback]

Frank was telling me of that story. So, our options are:

 

1. Learn to smile when your nuts are in a vice....

 

2. Fight, fight, fight, call congress, senators, and Mayor Nagat

 

3. Move to China

 

4. Swim and get a wetfoot acceptance

[Guest ShaQuaNew]

...Oh heck, just walk across the border in Mexico.....

[Trigg]

D) all of the above

[Zingaro]

Thanks for posting the "official" writeups. Although the documents you cited are a couple of years old, the procedures are still pretty much the same to my knowledge.

 

My SO and I spent 10 months going through the "second name check" (the P3 security clearance iinitiated by the consulate - GZ.) Even though I knew a lot of what you posted here, DOS was consistently very secretive about the procedures. They wouldn't say what agencies were doing what. That, of course, makes it difficult to zero in on a problem area when there's a delay.

 

Add to that the special wrinkles presented by China. Not only is there quite a bit of name duplication, but it's not easy for westerners/English speakers to really determine name differences. So, when there is a hit, it seems to take extra time to sort out what's true and what's false.

 

Here's an amusing bit, which I've posted here in the past. I Googled my SO's name in both Pinyin and in Hanzi (Chinese characters). I got a surprising nmber of matches - including an individual who was arrested in NY a few years ago for smuggling illegal Chinese aliens into the US! Of course, date of birth and gender should have cleared that one up quickly, if anyone actually looked at those things.

 

Even though I knew this, even though I knew the essence of the security clearance process, talking to DOS about it was talking to a stone wall.

 

I guess the moral is that knowledge is important. It's very important to understand all phases of the visa process. But much patience and persistence are still required in abundance!

 

We should add your excellent post to the FAQ's for reference.

Edited September 15, 2005 by Zingaro (see edit history)

[Zingaro]

I'll add one more thing to my last post - communicate. Don't be worried about annoying anyone at any government agency. Always be polite and civil and keep the emotions in check, of course.

 

Not only is communication universally important, but agencies like DOS (and their outpost at GZ) log all such communications. They know who has called or written and when. That accumulated history can be very helpful later on. So, even though you might feel that you're shouting in the dark, do it anyway.

[Guest ShaQuaNew]

I'll add one more thing to my last post - communicate. Don't be worried about annoying anyone at any government agency. Always be polite and civil and keep the emotions in check, of course.

 

Not only is communication universally important, but agencies like DOS (and their outpost at GZ) log all such communications.

154414[/snapback]

Richard,

 

do you have the numbers/email for contacting the FBI, DOS, or anyone for the purpose of gaining information regarding a case in "security check" mode? Now, I ask this knowing that getting a live person to help is EXTREMELY difficult, but I've seen a little info that some have had some success.

 

Yes, agreed. I think this should be added to the FAQ.

[ameriken]

What a great post, I have been looking for this type info to understand the process.

 

Whether good or bad, right or wrong, effective or not, this is an enduring process on the couple, adding stress to both involved and perhaps on the relationship.

 

What is important is to understand the process, and give each other love and support while we wait for our great Uncle Sam to do what he think he needs to do.

Edited September 15, 2005 by ameriken (see edit history)

[Zingaro]

I'll add one more thing to my last post - communicate. Don't be worried about annoying anyone at any government agency. Always be polite and civil and keep the emotions in check, of course.

 

Not only is communication universally important, but agencies like DOS (and their outpost at GZ) log all such communications.

154414[/snapback]

Richard,

 

do you have the numbers/email for contacting the FBI, DOS, or anyone for the purpose of gaining information regarding a case in "security check" mode? Now, I ask this knowing that getting a live person to help is EXTREMELY difficult, but I've seen a little info that some have had some success.

 

Yes, agreed. I think this should be added to the FAQ.

154422[/snapback]

I have no numbers for FBI, although I do know the number was posted in a thread here at some point. I never telephoned FBI, mainly because of the experience of others here. Phone calls routinely turned out to be fruitless and occasionally less than pleasant.

 

The DOS phone number is: 1-202-663-1225. Press 1, then 0 (I think) to get to a live person. Have your GUZ number and other information ready.

 

However: As you don't yet have the NOA2, your case is not yet with DOS, but is still with DHS/CIS (Dept of Homeland Security, Citizenship and Immigration Services.)

 

The number for DHS/CIS is: 1-800 375-5283. Our case went through NOA1, NOA2 and NOA3 in "average" time, so I never had to telephone them. I used that DOS number a lot, though.

[Maui & China]

Jesse,

 

I have an e-mail address for the FBI.

 

FBINNCP@ic.fbi.gov

Attn: Chief, National Name Check

Program Section

Records Management Division

 

I can't seem to find the phone number or fax number for them, but it was useless anyway. The woman I spoke with over the phone was extremely rude and told me to fax our request. After faxing the request and waiting 3 months I called her again and she replied that they don't answer faxes anymore, just e-mail it. She was a most unpleasant person!!

 

It took the FBI almost 7 months to answer my e-mail request on status of the second name check and why it was taking so long. By that time, my fiancee had already had the interview, flew to Maui and been married. So don't look for any quick response from that branch of government either.