Press Office 

U.S. Department of Homeland Security 

Fact Sheet April 25, 2006 

Immigration Security Checks—How and Why the Process Works 

Background 

All applicants for a U.S. immigration benefit are subject to criminal and national security background checks 

to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal 

agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, 

national origin or religion. 

Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions 

of security checks without incident. However, in some cases, USCIS customers and immigrant advocates 

have expressed frustration over delays in processing applications, noting that individual customers have 

waited a year or longer for the completion of their adjudication pending the outcome of security checks. 

While the percentage of applicants who find their cases delayed by pending background checks is relatively 

small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause 

great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the 

public that applicants are not singled out based on race, ethnicity, religion, or national origin. 

USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of 

integrity in the decision-making process. This fact sheet outlines the framework of the immigration security 

check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. 

Why USCIS Conducts Security Checks 

USCIS conducts security checks for all cases involving a petition or application for an immigration service or 

benefit. This is done both to enhance national security and ensure the integrity of the immigration process. 

USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or 

its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security 

checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against 

children, drug trafficking and individuals with known links to terrorism. These investigations require time, 

resources, and patience and USCIS recognizes that the process is slower for some customers than they would 

like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background 

check process. However, USCIS will never grant an immigration service or benefit before the required 

security checks are completed regardless of how long those checks take. 

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Immigration Security Checks—How and Why the Process Works 

How Immigration Security Checks Work 

To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security 

check procedures that address a wide range of possible risk factors. Different kinds of applications undergo 

different levels of scrutiny. USCIS normally uses the following three background check mechanisms but 

maintains the authority to conduct other background investigations as necessary: 

• The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multiagency effort with a 

central system that combines information from multiple agencies, databases and system interfaces to 

compile data relating to national security risks, public safety issues and other law enforcement concerns. 

USCIS can quickly check information from these multiple government agencies to determine if the 

information in the system affects the adjudication of the case. Results of an IBIS check are usually 

available immediately. In some cases, information found during an IBIS check will require further 

investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial 

system response are resolved. 

• FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI 

fingerprint check provides information relating to criminal background within the United States. 

Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI 

forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS 

adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. 

Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal 

history (including immigration violations). In cases involving arrests or charges without disposition, 

USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior 

arrests should provide complete information and certified disposition records at the time of filing to avoid 

adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or 

vacated convictions must be reported for immigration purposes.

• FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is 

totally different from the FBI fingerprint check. The records maintained in the FBI name check process 

consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. 

Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match 

is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of 

cases subject to an FBI name check remain pending longer than six months. Some of these cases involve 

complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an 

initial response to USCIS concerning a match, the name check is not complete until full information is 

obtained and eligibility issues arising from it are resolved. 

For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or 

security related issues in the applicant’s background that affect eligibility for immigration benefits. Most 

cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS 

conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual 

applications are inevitable. Background checks may still be considered pending when either the FBI or 

relevant agency has not provided the final response to the background check or when the FBI or agency has 

provided a response, but the response requires further investigation or review by the agency or USCIS. 

Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even 

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Immigration Security Checks—How and Why the Process Works 

several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to 

determine when cases have cleared and are ready to be decided. USCIS does not share information about the 

records match or the nature or status of any investigation with applicants or their representatives. 

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