INS on Fingerprint Clearance Policy
Subject: Benefits-Related Fingerprint Clearance Policy
Date: September 27, 1996
To: Regional Directors
District Directors
Officers in Charge
Service Center Directors
From: Office of Examinations
The Service has undertaken a number of actions to improve the fingerprinting clearance process. Consistent with the Office of Inspector General’s (OIG) Report of February 1994, the Service primarily focused its efforts on the processes associated with receiving fingerprint cards (FD- 258); forwarding them to the FBI; connecting hits (idents) to files; and reprocessing those returned by the FBI as rejected and/or unclassifiable. This memorandum summarizes a number of initiatives already taken to improve the process, implements additional changes, and provides preliminary information about what is on the horizon.
IMPROVEMENTS TO DATE
Designated Fingerprint Service Program (DFS)
The DFS Program certifies entities as providers of fingerprint services for immigration purposes. As of January 1, 1997, the Service will only accept fingerprint cards (FD-258) prepared by designated entities or INS employees. The DFS will complete Form FD-258 and verify the identity of applicants that are applying for immigration benefits. The program is to be monitored by both Service personnel and contracted inspectors. Fingerprint quality will also be monitored at the Nebraska Service Center (NSC) through FBI rejects and unclassifiable cards. Service representatives in all field offices have already received training in the administration of this program.
Fingerprint Clearance Coordination Center (FCCC)
In June, the Service established the FCCC at the NSC. This action centralized the processing of all FD-258 records received from the FBI. These records consist of hits and cards rejected for incomplete biographic data and/or unclassifiable prints. Within three days of receipt, the FCCC prepares and transmits (via fax) a list of all hits and rejects to designated points-of-contact (POC) in the originating field office (ORI). When a fingerprint card is classified as a hit, the FCCC simultaneously forwards the rap sheet to the ORI.
In an effort to facilitate processing and allow the ORI to suspend processing of applications, the FCCC handles rejects and unclassifiables in the following manner:
* For the missing data on rejected cards, it searches INS data bases, completes the card, returns it to the FBI, and notifies the ORI of the new suspense date.
* When the missing data is not available or if the FDD-258 is unclassifiable, it returns the card to the applicant when an address is available, then allows 84 days for resubmission. It also notifies the ORI of the new suspense date.
* When the address of the applicant is not available, it returns the card to the ORI to communicate directly with the applicant to obtain a properly completed FD-258 and places the case in suspense. The ORI forwards the new FD-258 to the FCCC. It is also to record the new suspense date in the case file. The ORI must attach the rejected FD-258 to the newly submitted FD-258 to avoid the INS being charged another processing fee by the FBI.
New Procedures and Improvements
As previously advised over the past two years, it is essential that ORIs review the quality and completeness of all FD-258s before forwarding them to the FBI. This will reduce the amount of re-work and supplemental reprocessing. Attached are some tips to help you in this regard. Please make sure that all personnel involved in the fingerprint clearance process are familiar with this list and that you conduct periodic quality reviews. The FCCC will also monitor ORI performance and keep you appraised of deficiencies.
The FCCC will also monitor DFS entities for compliance and quality assurance purposes, and reject unacceptable fingerprint cards directly to them. At such time, the FCCC will notify the ORI to put the case on hold until further notice. When it appears that pre-screening procedures and the quality of a DFS appears deficient, a report will be generated and provided to the local office and HQ managers to take corrective action, which may simply take the form of a liaison between the local office.
Further, it is imperative that the FCCC be kept well informed of all POC changes. ORIs should also ensure that a sufficient number of POCs exit, to include back-ups when the primaries are not available.
Policy Change
Effective immediately, a final benefit (i.e., adjustment or naturalization) shall not be granted less than 120 days from the date the FD-258 was forwarded to the FBI. ORIs are encouraged to process cases up to the point of, and including, interview. ORIs shall make whatever internal process adjustments are necessary to ensure immediate compliance. This does not preclude the denial of an application at an earlier time should that decision be warranted.
New Reporting Requirement
Also effective immediately, ORIs are to report to the FCCC all instances where a hit is received from the FCCC after a benefit had been granted. The FCCC is in the process of developing a worksheet to be used for this purpose. Until this is provided, ORI POCs must immediately report the alien’s name, file number, criminal record, date record was received, date and type of benefit granted, whether rescission/revocation proceedings will be initiated, and the grounds (charge) for initial proceedings.
On the Horizon
In preparation for the new process, a report was prepared on the number of FD-258s forwarded to the FBI between January 1 and September 18, 1996. Results of this report indicate 95.1% of all submissions were completed within 60 days. The overall hit rate was 7.5%. Sampling results indicate that less than one-third of hits translate into a basis for denial of the application.
The INS and the FBI are working to establish a two-way tracking system for providing INS with hits and no hits (positive and negative records) electronically for accountability of all FD-258s. This new system will provide each ORI, prior to adjudication, the ability to confirm the status of each applicant’s fingerprint check. The objective is to record the disposition of all FD-258s on mainframe CLAIMS and NACS. [FYI, all offices that have access to CIS have access to CLAIMS. Additional instructions will follow finalization of the new process.] In the interim, two reports were generated identifying FD-258s taking over 120 days to process. Within one week a memo providing information and guidance will be attached to the report when it is distributed to each ORI.
In closing, please allow me to thank you for helping to make major improvements to the Fingerprint Clearance Process. Your continued support, particularly as it relates to ensuring that local processes are in full compliance, is truly appreciated. To help you in this regard, we will be conducting site visits as part of a FY 97 Quality Assurance Initiative. More on this Initiative is also forthcoming.
This memorandum is supported by the Office of Field Operations. If you have any questions or require additional information, please telephone Mr. Jack Rasmussen of the Office of Adjudications at (202) 514-3156, or James Michel of the Nebraska Service Center (FCCC) at 402-437-5457.
[signature]Louis D. Crocetti, Jr.
Associate Commissioner
Attachment:
Guidelines to Improve the Quality of Application-based FD-258 Submissions to the FBI
1- Only use the blue FD-258 for benefit applications.
2- Use the current ORI for your office. Do not use any other number except in the special case of an orphan.
3- Make sure the A-Number is listed in the OCA field and is legible.
4- Make sure the person’s complete address is listed and legible.
5- Make sure the printed name is complete, is consistent with the application, and with the person’s printed name on the FD-258.
6- Make sure the DOB is correct and legible.
7- Print the appropriate 3-letter FCO code in the MNU box.
8- If using a label to correct an ORI, be sure the label does not extend outside the box.
9- Ensure that the fingerprint taker has completed the box with their name. (Effective January 1, 1997 only a DFS or INS employee are authorized to take fingerprints.)
10- Make a cursory review of the prints to make sure they appear to be legible.