When an I-485 is accepted at the Service Center, requests for FD-258 FBI fingerprint checks, fingerprint fees, and G-325A consular background checks are made by USCIS. Responses to these requests come back to USCIS and must be matched up with the appropriate files held in staging. File Maintenance "file connects" these responses to the corresponding files.
Fingerprints are a requirement for all applicants 14 through 79 years old to determine if they have criminal histories. After a case is data entered, the applicant is scheduled for fingerprints. Fingerprints are collected at the Application Support Centers (ASC), and sent to the FBI for criminal checks. Using the fingerprints, the FBI will verify whether the applicant has a criminal history. Once verified, the FBI will send a response indicating the results of the fingerprint check.
There are 4 types of responses that can be sent from the FBI:
• IDENT--The applicant was identified in the FBI database,
• Non-IDENT--The applicant was not identified in the FBI
Database,
• Reject--The applicant’s prints were rejected, because the
Fingerprints were unreadable by the FBI, and
• Pending--The FBI is conducting a more thorough search on the
Fingerprints.
While the USCIS is waiting for a response from the FBI for a particular
applicant, File Maintenance stages the file by date of data entry.
If a response is not received, leave the file on the I-485 hold shelf until the purge date.
**Family packs should be staged until responses are received for all family members.
FD-258 Fingerprint Response Purge: The USCIS has established a 120-day waiting period from the date of fingerprint scheduling to allow applicants to submit fingerprints. When an applicant fails to appear for fingerprinting or a response is not received within that 120-day period, and the applicant has otherwise not advised the USCIS of a change of address or requested that he be rescheduled, the case must be denied for abandonment. Accordingly, after 120 days, File Maintenance must check any remaining files for receipt of a processed FD-258 or evidence of a change of address or request for rescheduling. Perform the task "FD-258 Fingerprint Response Purge" for purging of all files awaiting a FBI response.
If the FBI Response Description is...
NON-IDENT
Or
IDENT
Route the file to Workload
Distribution.
IDENT
Route the file to the USCIS
POC for FBI contact
regarding the rap sheet.
After the case is consolidated, connected and purged by File Maintenance, it is routed to Workload Distribution (WD). WD is in charge of staging, routing and distributing files. There are five different types of staging areas that Workload Distribution handles:
• Work ready for adjudication;
• Work awaiting a response from a request for evidence;
• Work awaiting a response from an Intent to Deny;
• Work awaiting submission of an I-89 card;
• Work awaiting a visa number.
Workload Distribution may stage files awaiting evidence for a Request for Evidence. These files are shelved under a separate RAFACS code. An applicant has 87 days to respond to a Request for Evidence. After the applicant sends in the requested evidence, Workload Distribution file connects these pieces of evidence with the appropriate case and then returns them to the adjudicator who originated the Request for Evidence. If the
applicant does not respond within 87 days, the application is considered "abandoned" and is sent for local abandonment processing.
The response is updated in CLAIMS, matched to the file and routed to the appropriate
adjudicator.
Workload Distribution may stage files awaiting evidence for an Intent to Deny. These files are shelved under a separate RAFACS code. An applicant has 30 days to respond to an Intent to Deny. After the applicant sends in the requested evidence, Workload Distribution file connects the evidence with the appropriate case and returns it to the adjudicator who originated the Intent to Deny (if no fee is involved). If an additional fee is involved, Data Entry will request the file from Workload Distribution when the fee is submitted with the Intent to Deny notice. Data Entry will route the file to the adjudicator
who originated the Intent to Deny. If the applicant does not respond within 33 days, the application is considered "abandoned" and is sent for abandonment processing.
Section 245(a) of the act is the section of law which permits an alien, who is the beneficiary of an immigrant visa, to adjust status to that of a lawful permanent resident, provided that the following requirements are met:
• The applicant was inspected, admitted or paroled into the U.S.;
• The alien has made an application for adjustment;
• The applicant is eligible to receive an immigrant visa;
• An immigrant visa is immediately available to the applicant at the time his
application was filed;
• The applicant is admissible to the U.S. under section 212 of the Act.
Section 245(k) is for those employment-based applicants who are ineligible to adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section 245(a), the officer should first consider eligibility under section 245(k). If section 245(k) is inapplicable, section 245(i) should then be considered.
Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,
Section 245(i) is available to an alien physically present in the U.S. who:
• entered without inspection; or
• violated status (ineligible under 245(c))
There are several record checks that must be performed before an applicant for adjustment of status can be granted a benefit. These record checks are performed by other government agencies in cooperation with USCIS. The Central Intelligence Agency (CIA), the Department of State (DOS) and the Federal Bureau of Investigations (FBI) all perform specific background checks.
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