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SECURITY NAME CHECKS
AND ADMINISTRATIVE REVIEW*

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 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
*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 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.

*SPECIAL NOTE ON EFFORTS TO AVOID OR CIRCUMVENT "FALSE HIT" BACKGROUND SECURITY CHECK*: Except in the most extra-ordinary circumstances, advance efforts to avoid or circumvent "false hit" before it happens, or complete a background security check in advance, such early submission to the Consulate of the DS-156 and DS-157 or police, arrest or fingerprint records, will probably not be fruitful. As stated by AILA: "Although attorneys have attempted to be pro-active and expedite the process by submitting copies of arrest records, final court-dispositions and attorney-initiated FBI results [and DS-156 and 157], at the initial visa application, consular officers are required to obtain fingerprints in a NCIC name check "hit". Once a post has received a response from the FBI via the National Visa Center (NVC), it may at the consular officer's discretion accept documentation from the applicant that matches the extract provided by the FBI. However, consular posts will not accept submission of all related documents in lieu of initiating required security checks and fingerprinting." See 22 CFR Section 41.105((2), and "DOS Answers to AILA's Questions" (Oct. 02, 2002), published on AILA InfoNet at Doc. No. 02100340 (posted Oct. 03, 2002).
*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. See "DOS Answers to AILA'S Questions" (March 23, 2006), published on AILA InfoNet at Doc. No. 06041060 (posted Apr. 10, 2006).
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. **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. For people who want to be active during the painful waiting period, especially if it becomes protracted, here are two suggestions: 1. Request in Writing Information from Immigration Service and the State Department under the Freedom of Information Act (FOIA) regarding the reason for the Administrative Delay. See: USCIS Freedom of Information Act Request. and State Department Freedom of Information Request. 2. Order the Visa Applicant's FBI record directly from the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

**WRIT OF MANDAMUS: What is this Writ and How is it Obtained?
"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court. 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)."

A Writ of Mandamus is usually not appropriate for a Visa Petitioner and Applicant whose case has been placed into Administrative Review for only a few days, weeks or even months. However, it may be appropriate for a case which has been waiting for many, many months and even years. 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 (8) years without decision). For more general information, see: Writ of Mandamus Process Practice Advisory from AILF.

*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.
For more on IMBRA, see: IMBRA
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((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).

Meredith_Brahim

Female

Algeria

2010-02-26 05:44:00

Sometimes i feel like calling DOS is usefulness .Cause they really don't want to say so much and they just want to say still pending AP the hang up LOL .
In fact i feel that calling the embassy is so much better at this point .DOS get their info from the embassy '' The embassy update DOS with everything new they do on the case '' So at least the embassy can say more details than DOS and we can get the info from its sours LOL .

Oh God that nightmare journey sucks .I hope that we all will wake up and that crazy horror nightmare will end up soon .

now i'm really confused

i understood that during administrative processing, the file is literally sent from the embassy to the DOS in Washington, where they perform perfunctory name checks. when i contacted the embassy they told me they have no control over this, that it's with the DOS and it's the DOS who update the embassy. i call weekly, but no news. on day 73 of AP in Washington. but your post indicates that the DOS get their information from the embassy?

Meredith_Brahim

Female

Algeria

2010-02-22 07:51:00

Well I guess you are in luck disconnection because I just received an email that our visa has been issued yesterday. I am so happy and thankful for all the help all of you have given me.

oh, wow! i am so excited for you both! when will he fly to the states? i've been following your dates closely as we're one month behind you and have husbands from similar background. wishing you all the best together! please keep us updated on what happens next!

Meredith_Brahim

Female

Algeria

2010-02-04 05:01:00

I have not heard back from my congressman since I just emailed them. Im guessing maybe I wont hear back from them until sometime later this week. Did they write you back to let you know that they had contacted the embassy and were waiting for their response or has the congressman not written back to you all? If the congress has contacted them and not received a response back yet that could mean that the embassy is waiting to respond to them with good news about your visa. As soon as I hear back from my congressman, I will let you know whether they require me to fill out a form or not. Isa this will be a good week for us since its the beginning of a new month.

My congressman required me to just fill out a form giving them permission to look into my case, it's an information privacy thing. Congressman don't have any authority to change a case, just to make a 'congressional inquiry on your behalf' - they typically have contacts at other government agencies who are more likely to respond to them quickly. Be forewarned, mine gets confused and gave me the wrong information (that we were out of AP and we're not). So be sure to explain in full detail what you want them to do and who (what agency) you want them to contact.

Meredith_Brahim

Female

Algeria

2010-02-01 07:51:00

K-1 Fiance(e) Visa Process & Procedures

I'm not filing in Egypt, hope you don't mind me joining the thread. We're going through exactly what you are - we are apparently out of AP since some time last week according to the Congressman, but have no news from the Embassy, nor will they respond to my emails. What happens after AP? I thought we just receive the visa in the mail a few days later?

Meredith_Brahim

Female

Algeria

2010-01-27 06:58:00

I have a K1 paperwork question, but also need advice - My fiance is giving up hope that we will ever be together :'(

You only need the police certificates for the countries you've lived in, not towns. And they are easy to obtain. The process is long, but if you believe in each other, it's certainly worth it! Good luck.

Meredith_Brahim

Female

Algeria

2010-01-27 05:55:00

Waivers (I-601 and I-212) and Administrative Processes (221g)

Waivers (I-601 and I-212) and Administrative Processes (221g)

VISA IN HAND! Of course they sent it to our old address and after the second day of waiting, I called them for the tracking number...and Brahim went to pick it up at the post office. Can't wait to actually see it in person, I might sleep with it under my pillow tonight. Here's to happy dreams!

:dance:

Good luck to you all! One more competitor off the list, now they can focus on clearing yours!

Thanks again for your support. It really has helped!

Meredith_Brahim

Female

Algeria

2010-05-11 08:25:00

Waivers (I-601 and I-212) and Administrative Processes (221g)

Yep, it's true! Email from immigration visa unit chief at the embassy first thing this morning:

"I'm not sure if we told you on Friday, but your husband's visa is being issued. And he might actually have it today or tomorrow. Good Luck."

Now that calls for three happy dances ( :dance:

). Next post will be the one we all wait for...stay tuned!

Meredith_Brahim

Female

Algeria

2010-05-10 03:31:00

Waivers (I-601 and I-212) and Administrative Processes (221g)

If it were me ... I would call and ask if there was a visa number assigned yet (thats just cuz thats the way I am) .... remember the Algerian consulate isnt the fastest moving so if you are planning on coming home next week you're really going to have to push them!!

My fiance's visa was issued on April 17th but he did not have it in his hands until the 27th (the embassy did not call him until the end of the week before)... AND that was with me pushing.

Keeping my fingers crossed ... keep on them until he receives the call to come and pick it up!!!

Malarie

Yeah, I think I'll call back on Monday to get the number. We're actually at the Paris embassy, and they've been waiting for our case to get approved so they tell me. I'll give them til Monday too, then follow-up.

Thanks again, all for your kind wishes. I'm walking around our apartment to figure out what we can pack now (with six days to go). So happy! But will be ecstatic when we have the visa in hand!

Meredith_Brahim

Female

Algeria

2010-05-08 07:15:00

Waivers (I-601 and I-212) and Administrative Processes (221g)

Thanks everyone! We're so excited! I have a flight home on Friday morning and reserved the seat next to mine for Brahim. I'm 90% sure we get to use it

She didn't say a visa number had been assigned actually (should I call back and get the number???) After my conversation yesterday with the immigration chief at the embassy, who said she'd follow-up, I'm assuming she's going to have her team issue it 'toute de suite' when they go back to work on Monday.

God, the relief as we have so much happening - flying home on Friday, closing on our new house next Friday, visiting family for a reunion the following week! Not having to find other living arrangements when our lease expires on the 19th. I've been dropping things since we heard the news - it's like the strength and coordination have gone out of my limbs, but we're not jumping up and down, just quasi-excited and waiting.

It's been a great few weeks and I know that they're working on those of you who are still waiting. Have faith.

Meredith_Brahim

Female

Algeria

2010-05-07 14:15:00