Understanding Administrative Review / Security Checks

[bamg 9]

I. SECURITY NAME CHECKS (ALSO CALLED BACKGROUND CHECKS)

For public safety & welfare and national security reasons, all visa petitions under current regulation and procedure are placed through security name checks at three (3) locations: 1. USCIS office, 2. National Visa Center (NVC) and 3. The U.S. Consulate/Embassy 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 routinely on all incoming 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

*Past visa or immigration history

*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 capabilities, 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)

*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 Communication 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 more 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.

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.

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": that refers to when a visa applicant's name matches a name in the database 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 discrepancies 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.

*SPECIAL NOTE ON NEW SOFTWARE TO EXPEDITE "FALSE HIT" CLEARANCES*: Department of State (DOS) has initiated worldwide deployment of new computer software that is expected to greatly reduced the clearance time for applicants who have been the subject of "false hits" in the visa security check process. The new software will allow posts to capture the applicant's digital fingerprints and check them electronically with the FBI's NCIC database within 24 hours. DOS has launched this new software through a pilot program at consular posts in Mexico City, and reports that the pilot program has been able to clear "false hits" in as little as same day (sometimes in one or two hours). Worldwide deployment of the new software to expected to be finalized once the Technical Communications Security Office approves the program.

II. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

*INTERNATIONAL MARRIAGE BROKER REGULATION ACT ("IMBRA")*: Security Name Checks at USCIS and the Consulates have reportedly intensified due to the passage of IMBRA, which effectively requires more security checks of both Petitioner and Beneficiary, including check for Abuse Protections Orders, court-restraining or "no-contact" orders and past domestic violence history, and a check on the number of a past K Visa petitions a Petitioner has submitted.

RESEARCH BIBLIOGRAPHY:

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

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

2. "Secure Borders, Open Doors: Consular Processing Issues in 2006", Miller, Pederson & Weigle, The Visa Processing

Guide 2006-07 Edition, Published by American Immigration Lawyers Assn.-AILA,

3. 22 CFR Section 41.105(b)(2)

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

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

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

7. "DOS Answers to AILA Questions" (Mar. 23, 2006), posted on AILA InfoNet at Doc. No. 02100340 (Apr. 10, 2006).

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I. SECURITY NAME CHECKS (ALSO CALLED BACKGROUND CHECKS)

For public safety & welfare and national security reasons, all visa petitions under current regulation and procedure are placed through security name checks at three (3) locations: 1. USCIS office, 2. National Visa Center (NVC) and 3. The U.S. Consulate/Embassy 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 routinely on all incoming 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

*Past visa or immigration history

*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 capabilities, 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)

*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 Communication 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 more 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.

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.

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": that refers to when a visa applicant's name matches a name in the database 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 discrepancies 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.

*SPECIAL NOTE ON NEW SOFTWARE TO EXPEDITE "FALSE HIT" CLEARANCES*: Department of State (DOS) has initiated worldwide deployment of new computer software that is expected to greatly reduced the clearance time for applicants who have been the subject of "false hits" in the visa security check process. The new software will allow posts to capture the applicant's digital fingerprints and check them electronically with the FBI's NCIC database within 24 hours. DOS has launched this new software through a pilot program at consular posts in Mexico City, and reports that the pilot program has been able to clear "false hits" in as little as same day (sometimes in one or two hours). Worldwide deployment of the new software to expected to be finalized once the Technical Communications Security Office approves the program.

II. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

*INTERNATIONAL MARRIAGE BROKER REGULATION ACT ("IMBRA")*: Security Name Checks at USCIS and the Consulates have reportedly intensified due to the passage of IMBRA, which effectively requires more security checks of both Petitioner and Beneficiary, including check for Abuse Protections Orders, court-restraining or "no-contact" orders and past domestic violence history, and a check on the number of a past K Visa petitions a Petitioner has submitted.

RESEARCH BIBLIOGRAPHY:

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

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

2. "Secure Borders, Open Doors: Consular Processing Issues in 2006", Miller, Pederson & Weigle, The Visa Processing

Guide 2006-07 Edition, Published by American Immigration Lawyers Assn.-AILA,

3. 22 CFR Section 41.105(b)(2)

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

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

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

7. "DOS Answers to AILA Questions" (Mar. 23, 2006), posted on AILA InfoNet at Doc. No. 02100340 (Apr. 10, 2006).

Just a quick comment: While a great attempt at a gemeral overview, the most recent source cited in the bibiliography is from early 2006 -- things have changed since then. For example, the "new" software for a pilot program in full fingerprints mentioned is not a pilot program and has been at every visa processing consulate for several years. Certainly a useful general guide, but not up-to-date so parts of this likely won't apply.

[Kat1234 3]

so... who decided at the interview that you will be put under AP review?