DOS Cable on NCIC Namechecks
Ref: 94 STATE 327494
1. This is an action cable:
2. Summary: This cable discusses immigrant visa clearances through the National Crime Information Center (NCIC), and the procedures IV issuing posts should establish for handling them, on February 17, NVC will initiate namechecking of IV applicants on The NCIC system.
3. Upcoming cables will cover other aspects of new IV clearances, including fingerprinting applicants, handling sensitive law enforcement information, reporting requirements and collecting fingerprint fees. End Summary.
New Clearance Requirements
4. Congress granted the Department access to the NCIC's interstate identification index (NCIC-III) to determine if immigrant visa applicants have criminal records in the U.S. NCIC-III namecheck capability is being installed at the National Visa Center. The index includes all criminal records submitted to the FBI, along with criminal records added directly by 29 States, some pre-1974 records are not yet part of the index but are gradually being integrated.
5. All immigrant visa applicants over the age of 16, even those who have never been to the U.S. must be namechecked against NCIC-III records. Applicants whose petitions pass through NVC will be namechecked before their files are sent to post. For petitions filed overseas, the Officer will have to cable an NCIC-III namecheck request to NVC. Fiancee (K) visas will be also require NCIC namechecks. Post should request clearances on K applicants using procedures described below (paragraph 19-23).
6. Posts in ten countries (Canada, Dominican Republic, El Salvador, Haiti, India, Ireland, Mexico, People's Republic of China, Philippines and Poland) are part of a pilot program to clear IV applicants by full FBI fingerprint checks. NCIC-III clearances will be performed on these applicants as well. Although the NCIC-III check will in some ways duplicate the fingerprint clearance, the legislation requires that both should be performed.
NCIC Checks Through NVC
7. On February 17, NVC will begin checking applicants on NCIC-III. Posts can expect to receive NCIC information shortly thereafter. Only cases processed by NVC or petitions filed at Post on or after February 17, will be namchecked. It is not necessary for posts to request namechecks, on older cases, unless post believes the applicant may have a U.S. criminal record.
8. When petitions at NVC reach their qualifying dates, NVC will perform NCIC-III namechecks on all applicants over the age of 16.
9. If NCIC-III finds a hit on the applicant's name, the system will generate an index record listing only biographical and physical data from the criminal record: name, date of birth, aliases, gender, race, height, and states holding the criminal records. The index record does not indicate the type of offense committed. The FBI will only release criminal histories (rap sheets) after matching the visa applicant's fingerprints to those in the criminal record. The printed index record will be added to the petition file. When the NCIC check is negative, NVC will insert into the petition file a printed sheet stating there is no record.
10. At present, posts must manually note NCIC clearances (positive or negative) in case files. IVACS posts may enter the NCIC information in the existing clearance fields using "FBI" in the "type" field. A second notation, for example to track a fingerprint submission, can be entered into the remarks field. Upcoming software enhancements are expected to add new clearance fields to IVACS, and to give NVC the capability of updating the NCIC field before sending IVACS tapes to post.
11. NVC is also working on software that will list the names and responses for each batch of petitions cleared through NCIC-III. The list will be forwarded to post along with its files, and will give officers an easy format to see the results of NCIC checks. Once this feature is in place, NVC will stop adding the printed "no record" response into cases without hits. Officers should retain the list for later verification.
12. NVC will not be ready to generate these summary lists when namechecking begins in mid-February. In the interim, NVC will flag cases containing positive hist by stamping "NCIC Hit" on the front of the folder.
Using the NCIC Index Record
13. An NCIC-III hit may not be an absolute match with an applicant. NCIC-III checks only a name and date of birth against the FBI database. NCIC-III gives up to 15 possible matches on an inquiry. Each hit generates an index record. In some cases, the physical and biographic data on an index record will clearly not describe the visa applicant. (For Example, the index record describes a 6 foot, 4 inch tall subject, and the visa applicant's height is 5 foot, 3 inches.)
14. If the applicant's Biodata is not 100 percent incompatible with the index record, or it the applicant admits to having a U.S. criminal record, the officer must submit the applicant's fingerprints to the FBI for a complete identification. If the applicant's fingerprints match those in the criminal record, the FBI will release the complete criminal history (rap sheet). Rap sheets will be sent to post visa NVC.
15. In some cases, post will submit fingerprints only to discover that the criminal record lists only information that does not render the applicant ineligible for a visa. This occasional delay is unavoidable. The FBI cannot release information from criminal records without first verifying the applicant's identity.
16. Because of the possibility of fraud, applicant fingerprints must be taken by the IV issuing post and not by local officials or police. The Department will supply basic fingerprinting equipment to all IV issuing posts.
17. Fingerprinting kits and blank cards are on order, and will be forwarded to post as soon as received. Procedures for taking and submitting fingerprints will be provided Septel.
18. For fingerprint pilot posts; once pilot program posts begin routinely fingerprinting all applicants, it will not be necessary for those posts to submit a second set of prints of NCIC index hits. Until routine fingerprinting begins, however, pilot program posts will need to fingerprint applicants with positive NCIC hits.
Petitions Filed at Post
19. Petitions filed at post do not pass through NVC. However, the beneficiaries and family members over the age of 16 must still be checked on NCIC-III. CA/VO has designated a "Visas Hawk" cable format to request NCIC-III namechecks from NVC.
20. To request an NCIC-III clearance, posts should cable NVC directly using the caption "Visas Hawk" an NCIC inquiry requires the following information: full name, date and place of birth, any aliases,and sex. Posts should also include the IVACS case number. Names can be batched into a single visas hawk submission.
21. NVC will inform posts of NCIC-III responses by return cable. If there are hits, however, the printed index records will be sent under separate cover. The officer should suspend processing on hits until receiving the printed index record. As in other cases, posts will have to submit fingerprints to obtain the criminal record on any index hit.
22. Department realizes that these new procedures will cause some delay, especially for applicants who previously could expect same day or same week service. Although an NCIC-III namecheck itself takes only a day, visas hawk processing could take several days to week, depending on the volume of similar requests from other posts. It could take posts up to six weeks to receive answers to fingerprint submissions.
23. These delays are unavoidable. Congress has mandated that we more thoroughly screen prospective immigrants, even if that scrutiny may means some additional inconvenience to applicants.
When an Index Hit Does Not Lead to a Visa Refusal
24. When the officer determines that the index record does not apply to an applicant, or finds that the criminal record does not show a conviction that renders the applicant ineligible, the officer should update the IVACS record and process the case to conclusion.
25. To avoid confusion should INS inspectors obtain the same NCIC-III index hit through port of entry namechecks, the officer should also place the following form letter in the visa packet:
The consular officer has determined that NCIC index record number (fill in NCIC record control number) for (fill in name)
A. Does not refer to the applicant; or B. Documented an arrest or conviction that did not render the applicant ineligible for a visa under the Immigration and Nationality Act." (check whichever applies)
The officer should sign the letter and impress with a dry seal.
Handling Law Enforcement Sensitive Information
26. The FBI strictly controls the storage, handling, and dissemination of NCIC-III records and rap sheets, which the FBI classifies as "Law Enforcement".
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