DOS Cable on Procedures for Taking/Submitting Fingerprints

R 2402012 FEB 95
FM SECSTATE WASHDC
TO ALL Immigrant Visa Processing Posts
AmEmbassy PHNOM PENH
AmEmbassy Kiev
AmEmbassy Riga
AmEmbassy Minsk
AmEmbassy Vilnius
Info AmEmbassy Mexico
AmEmbassy Ottawa
AmEmbassy Beijing
NVC Portsmouth

Unclas State 046761

Bangkok als for ODP

E.O. 12356: N/A
TAGS: CVIS, CMGT
Subject: IV Namechecks: Procedures for Taking and Submitting Fingerprints

Ref: a) State 335593, b) State 38016 (Notal)

1. This is an action cable.

2. Summary: This cable provides instructions for taking and submitting fingerprint clearances on IV applicants. These procedures cover both fingerprints needed to obtain criminal histories from NCIC hits, and routine fingerprinting of applicants in the ten fingerprint pilot program countries. End Summary.

Why Fingerprint Clearances?

3. Congress established a pilot program requiring fingerprint clearances on immigrant visa applicants in Canada, Dominican Republic, El Salvador, Haiti, India, Ireland, People's Republic of China, Philippines and Poland. Posts in these countries will be routinely fingerprinting IV applicants over the age of 16. (Reftel B).

4. Posts that are not in this two-year pilot program will also need to fingerprint applicants from time to time. As noted in Reftel A, namechecks through the National Crime Information Center (NCIC) provide basic identifying information about persons with criminal records. Fingerprints are necessary to verify the identity of the subject and to obtain the complete criminal history (Rap Sheet).

Fingerprint Equipment and Storing Blank Cards

5. CA will provide each IV-issuing post with dry chemical fingerprint kits and an initial supply of blank fingerprint cards. These cards have been chemically treated for use with the dry chemical system and are sensitive to repeated or sustained exposure to light. They must repeat must be stored in their light-tight, protective packaging. Cards that are visibly yellow from overexposure should not be used.

6. The cards are printed with unique FBI routing and billing number (DRI). Posts should not repeat not submit fingerprints on cards that bear any old or other agency ORI numbers, which would cause the response to be misrouted. Posts in the ten fingerprint pilot countries should use only cards bearing ORI information:

"USDSNVC0Z, DOS Natl Visa Ctr, Portsmouth NH."

All other posts should use only cards bearing ORI information:

"USNHNVC0Z, DOS Natl Visa Ctr, Porsmouth, NH."

7. NVC is working on software to print applicant biodata on fingerprint cards in advance. Once the software is operational, NVC will send prepared cards with petition files going to the pilot program posts and for applicants with positive NCIC hits. Posts should maintain stocks of blank fingerprint cards to replace lost or spoiled cards, and to handle petitions filed overseas. Information on reordering supplies will be provided in a later telegram.

Fingerprints for NCIC Hits

8. As noted in Reftel A, NVC will perform NCIC namechecks on all IV applicants over 16 years old and will send post an index record for any hit. Some NCIC hits can be discounted when physical descriptions on the index record clearly do not match the visa applicant. If there is any doubt, the officer should submit the applicant's fingerprints to the FBI. The FBI will send post (via NVC) any criminal record it locates from the fingerprint check.

9. Post should not repeat not attach the NCIC index record to the fingerprint card. The FBI will perform a full search based upon the fingerprints. Instructions on preparing fingerprint cards for submission will follow.

10. As noted: NVC will eventually include prepared fingerprint cards in the petition files of applicants with NCIC hits. NVC will not/not send prepared fingerprint cards for NCIC hits on namechecks submitted by post (for example, on petitions filed overseas).

11. If post receives a prepared card, but determines that the applicant does not need to be fingerprinted (as noted in Reftel A), please return it to NVC annotated "not identifiable with NCIC record." This will allow NVC to update its records.

Fingerprints in the Pilot Program Countries

12. Posts in the fingerprint pilot program will need to obtain FBI fingerprint clearances on IV applicants over the age of 16 before issuing visas. Applicants in the pilot program countries will be informed of this requirement in packet three.

13. NVC plans to include prepared fingerprint cards in petition files sent to post. They will be printed with a bar code version of the case number. Until NVC begins to generate these pre-typed cards, post should prepare applicant cards at the time of fingerprinting. Instructions for filling out cards follows below.

Procedures to Take Fingerprints

14. Officers should follow these steps in taking fingerprints:

a) Verify identify of person to be fingerprinted b) Retrieve prepared fingerprint card from petition file, or create a new one if necessary. Check that information on the card is correct. c) Have the applicant sign the fingerprint card, type in any aliases, then have the person taking the fingerprints sign and date the card. d) Collect fee for service; we expect this to be USD 25 in the pilot program countries and USD 16 elsewhere. Details will follow in a Septel. e) Print each finger in the correct sequence (the card indicates right and left hand). Using light pressure, roll each finger from nail to nail to ensure legibility. Then complete lower blocks by taking simultaneous impressions as noted on card. Better impressions are obtained if the applicant's fingers are clean and dry. Single prints can be retaken using the coated correction tabs supplied with the fingerprint kits. f) Verify that the prints are clear, complete and legible, g) Annotate case file to note when the card is sent to the FBI. For now, IVACS posts can record fingerprints as a second clearance in the FBI field. (Make a notation in the remarks field to indicate that the second entry refers to a fingerprint submission.) An upcoming IVACS enhancement is expected to reflect these new clearances.

15. Posts should not repeat not began taking fingerprints until regulations authorizing fee collection are published. Posts will receive via a Septel authorization and procedures on fee collection and accounting.

Sending Cards to the FBI

16. Post should send completed fingerprint cards directly to the FBI at the following address:

Identification Division
Federal Bureau of Investigation
10th St. and Pennsylvania Ave. NW
Washington, DC 20537-9700

Posts are authorized to send cards by commercial courier service, but no more frequently than once per week. (Procedures and fiscal data to be provided in a Septel.) The FBI estimates it takes 13 to 15 working days after receipt to process a clearance.

17. When there are compelling humanitarian grounds to expedite a fingerprint clearance post should send the completed fingerprint card and covering memo to CA/VO/F/P by the quickest means possible. We will attempt to obtain a rapid clearance from the FBI. Because these are non-criminal checks, the FBI has asked that we use this procedure rarely. Beneficiaries of petitions filed at post who had expected immediate processing do not automatically quality for expeditious clearance.

FBI Responses

18. The FBI will stamp the result of its clearance on the back of the fingerprint card, which they will send to NVC. If the applicant has a criminal record, the rap sheet will also be attached to the card. Initially, all fingerprint cards will be returned to post.

19. NVC will implement as soon as possible procedures making it unnecessary to send posts fingerprint cards indicating no record. For each batch of cards the FBI returns, NVC will generate post-by-post summaries of the clearance results. These summaries will be sent to post along with any rap sheets, usually in the next shipment of files to post. A Consular Officer should review the list to ensure all rap sheets are received and that hits are properly entered into case files.

Preparing Fingerprint Cards

20. Submit fingerprint on an FBI applicant card, Form FD-258, bearing the correct ORI information (per paragraph 6). Type information, and complete these required fields: Subject name (last, first, middle), date of birth, place of birth, any aliases and reason fingerprinted (list "Immigrant Visa"). The employee taking the fingerprints should also sign and date the card. For proper handling at NVC, post must repeat must include the NVC or IVACS case number in the field labelled "Your No. (OCA)." ORI information, also a required field, is pre-printed on cards provided by NVC. Other fields are optional.

21. It is vital to type the proper case number on the fingerprint card. The first three characters of the case number must be the three-letter code that NVC uses to identify your post. NVC will use this code to route FBI responses to the appropriate post. Use the case number when one exist. For petitions filed overseas, IVACS posts should use the IVACS case number. Now IVACS posts should generate a case number beginning with their three-letter post code.

22. When taking fingerprints to confirm an NCIC hit, please use the form of the applicant's name and date of birth appearing in the visa case, not the NCIC index record.

Illegible Fingerprints

23. The FBI cannot conduct records searches when fingerprints are not clear and legible. Instead, the FBI will perform a simple namecheck on the applicant; if hits are found they will attempt to compare the prints with the criminal record. However, this method is not as thorough. In such cases, NVC will return the fingerprint card to post. It will be stamped with a notation that only a namecheck was performed.

24. To resubmit illegible fingerprints, the post should take a new set of prints, then staple the new card to the original and send them to the FBI. Because the FBI does not charge for a resubmission, the visa applicant should not be charged a second fee. (Note that the FBI changes for a third resubmission, so applicants will have to pay again if prints are retaken a third time.)

25. To avoid delays, carefully screen fingerprint impressions for completeness and legibility before the applicant leaves the building.

Training

26. CA is attempting to obtain training materials on taking fingerprints. In the meantime, consular sections may wish to inquire with the RSO, to see if either he/she or an RSO employee has fingerprint training material to share. Local police contacts may also be able to provide some training or materials. Officers are also directed to 9 FAM 42.67 Exhibit One, which is a reprint of an FBI document on obtaining good fingerprints.

27. This message has been cleared with DS.

27MM5E16