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SECURITY NAME CHECKS 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: 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: 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) 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. 1. "Navigating Through the Maze of Security Checks",
Walsh & Wolfsdorf, Visa Processing 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). |
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