DOS Cable on the Fingerprint Pilot Program

Ref: (A) STATE 10082 (B) STATE 35593

1. This is an action cable see paragraphs 6, 7, 8, 16 and 18.

2. Summary: Posts in the fingerprint pilot countries should begin notifying prospective April IV appointments now of the need to obtain fingerprint clearances before visas can be issued. NVC is including this notice in packets three. Posts should expect to receive fingerprint equipment and blank cards by Feb. 24.

3. CA/VO concurs that offering fingerprinting services at some non-IV posts (as suggested in Reftel A) would not be feasible. The only exception will permit Kiev, Minsk, Riga and Vilnius to fingerprint IV applicants in their countries. Likewise, CA/VO finds unworkable the suggestion that some posts fingerprint all applicants at the visa interview.

Notifying April Appointments

4. Congressional legislation sets a March 31 deadline for beginning the fingerprint requirement. Visas cannot be issued after that date unless the applicant's fingerprints have been cleared through the FBI. We estimate that it will take up to six weeks for posts to receive an answer to a fingerprint clearance.

5. Therefore, please start notifying prospective April IV appointments of the fingerprint requirement, urging them to come in ASAP in hopes that results will be received prior to their interviews. Sample text for a letter can be found in paragraph 23. Posts may modify this text as necessary for local conditions.

6. The Department expects that cutoff advances will be limited for April and the months immediately after. Therefore, post can use the IVACS reports number 20 prepared for March to identify April preference cases. If posts notify and fingerprint all documentarily qualified applicants who fall within the March cutoff date, they will cover the vast majority of preference applicants likely to be interviewed in April other applicants who become eligible by cutoff advances after March should be scheduled in a manner that allows sufficient time for fingerprinting.

7. Posts should also notify as soon as possible all other applicants who have reported themselves documentarily qualified but for whom visa numbers have not been allocated.

8. NVC is including notification letters in packets three. Once posts determine how they will handle fingerprinting (for example, by appointment, one afternoon a week, every morning, etc.) let VO/F/P know so that the NVC notice can be made post specific.

9. CA is exploring more efficient ways to notify applicants who have already packet three. In the meantime, as applicants return packet three, posts should inform them of the fingerprint requirement if they have not already been notified. It is essential that applicants have sufficient time to complete the fingerprint clearance before their interviews.

10. CA recognizes that this process, and some outlined below, will be labor-intensive and further stretch dwindling resources. However, the blanket fingerprint requirement is not subject to our discretion; it is mandated by law. CA continues to work on automating as many new activities as possible, through both upcoming enhancements to IVACS and ACRS, and increased use of MVC's centralized facilities.

Fingerprint Equipment and Storage of Blank Cards

11. CA will ship dry chemical fingerprint kits and blank cards to post by DHL during the week of February 13. Posts will receive from one to three fingerprint stations (each consists of a combination storage case/cardholder and fingerprinting pad; a bottle of chemical solution (good for 1,000 pad recharges) and a role of correction tabs. Guangzhou, Manila and Ciudad Juarez will receive three stations each: Bombay, New Delhi, Warsaw, Santo Domingo and Port Au Prince will receive two each; all other will receive one.

12. Posts should not submit any cards to the FBI except those pre-printed with the FBI's unique billing and routing numbers (ORI) for the pilot program. All fingerprints submitted from the pilot program posts must be sent on cards bearing ORI information "USDSNVC02, DOS mail Visa Ctr, Pilot Program, Portsmouth NH."

13. Fingerprint cards used with the dry chemical system are sensitive to repeated exposure to light, and must be stored in their light-tight, protective packaging. Cards that are visibly yellow from over exposure should not be used.

14. Until NVC can include in the petition file a prepared fingerprint card for each applicant, posts will have to complete blank cards when fingerprints are taken. Procedures for completing the cards, taking and submitting fingerprints, along with information on training and reordering supplies, will be covered in a Septel.

15. CA has decided against obtaining live scan fingerprint equipment. In addition to its high cost (up to 35,000 dollars per unit) the time necessary to contract, procure and install the units would make them impractical for this pilot program.

Petitions filed at Post and K Visas

16. As soon as ports are able to take fingerprints (but in any case, no later than March 15) posts should require fingerprint clearances on beneficiaries of all new petitions filed at post. If the beneficiary is present, posts should take the fingerprints when the petition is filed. If not, the petitioner should be asked to notify the beneficiary of the requirement.

17. Posts are reminded that they must also request NCIC clearances through NVC for beneficiaries of petitions filed at post, as well as for K visa applicants. (Procedures reported in Reftel B) post does not need to fingerprint K visa applicants unless there is a positive NCIC hit, or the officer has reason to believe the applicant has a U.S. criminal record.

Fee Collection

18. Although post may have fingerprint capabilities as early as February 24, do not begin taking fingerprints until regulations authorizing fee collection are published. It is expected that applicants will pay a 25 dollar fee to cover the FBI's 18 dollar fee and the program's administrative costs.

19. Posts will receive via Septels authorization and procedures on fee collection and accounting, and information on hiring PSC employees to assist in the fingerprint program.

No Fingerprinting at Non-IV Posts

20. Reftel noted that CA/VO considered designating some Non-IV posts in India, China, Canada, and Mexico as alternate locations where applications could be fingerprinted. We have decided to drop this idea because it would create serious problems in accountability and control, and generate additional clerical work for posts.

21. However, Kiev, Minsk, Vilnius and Riga should provide fingerprinting services for applicants in their countries. Kits and blank cards will be provided. Once MVC is able to prepare fingerprint cards in advance, the cards (but not files) for relevant cases will be sent to the appropriate post rather than to Warsaw.

Fingerprinting at Time of Interview

22. Several posts have expressed interest in fingerprinting all applicants at the time of interview, then refusing them under 221(g) until clearances are obtained. CA has carefully considered this idea, but finds it unworkable. While we share the desire to minimize applicant travel (especially for whole families), this procedure raises too many problems in visa number allocation and public relations. However, posts that usually experience high 221(g) rates may wish to use the fingerprint visit as a chance to pre-screen applicants' documents.

Text of Proposed Notification Letter

23. Begin Text:

Important Notice

A recent change to American Immigration Law (P.L. 103-317) requires that immigrant visa applicants in the ten countries where the U.S. issues the most immigrant visas submit copies of their fingerprints to be checked for any criminal record in the U.S.

Because you are applying for U.S. immigration in one of the ten selected countries, it is important that you have your fingerprints taken as soon as possible. Your visa cannot be issued until your fingerprints have been cleared by the Federal Bureau of Investigation in the U.S. This could take up to six weeks, so please do no delay.

Your fingerprints must be taken in person at the U.S. Embassy or Consulate. Every family member over the age of 16 applying for a visa must be fingerprinted, even if they have never been in the U.S. Fingerprints taken by local officials or police cannot be accepted for visa clearance.

You should bring valid identification (passports or national identity card). Each applicant will be charged a fee equal to 25 U.S. dollars.

Note: If you are residing in the United States and will apply for adjustment of status with the local office of the U.S. Immigration and Naturalization Service, that Service will advise you where you will be fingerprinted.

End Text.

24. Posts may adjust the letter to post-specific needs, for example, noting when fingerprint services will be available to applicants.

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