The United States Citizenship and Immigration Services (USCIS) is sending a new notification to numerous applicants regarding the use of their fingerprints, photographs, and other biometric data for FBI background checks, a letter that has raised concerns among immigrants with pending applications.
The document, titled "FBI Privacy Requirements for Biometrics Collection by USCIS," explains that the agency uses biometric data from applicants to check criminal background records and is incorporating cases into a system known as Continuous Immigration Vetting (CIV).
The letter itself clarifies a fundamental point: those who receive it do not need to do anything at the moment.
"You do not need to take any additional action at this time. You will receive a separate notification if USCIS requires further information," the document states.
Therefore, receiving this communication does not in itself mean that USCIS has found a criminal record, that there is a problem with the application, or that the request has been denied. It also does not constitute a new appointment for fingerprinting.
Immigration lawyers have reported that numerous clients with pending applications, including naturalization cases through form N-400, are receiving these communications. According to Capitol Immigration Law Group, USCIS began sending a wave of these privacy notices in September amidst the integration of pending files into the FBI's continuous vetting system.
The Cuban journalist Daniel Benítez also explained this Monday on his social media that communication does not imply that the recipient has a history or issues with their case file, and he emphasized that USCIS will send another notice if additional information is needed.
What is continuous verification?
Although the letters are now catching the attention of immigrants, the concept of Continuous Immigration Vetting is not new.
Documents from the Department of Homeland Security (DHS) indicate that USCIS began using this model in 2017. Unlike a background check conducted at a specific point in time, CIV operates based on events and allows USCIS to receive updates on criminal background information while processing an immigration benefit.
The communication being sent to the applicants also explains their rights under federal law. Among these rights is the notification that their biometric data will be used to check FBI records, the ability to request a copy of their identity history, and the right to request the correction of information they believe is incorrect or incomplete.
The arrival of these letters comes months after USCIS strengthened background checks on millions of immigration cases.
At the end of April, USCIS had already implemented additional controls that involved resending previously stored fingerprints of applicants with pending cases to the FBI system.
The measure encompassed approximately 12 million applications and included asylum cases, permanent residency, and citizenship. A USCIS spokesperson then confirmed that the agency had expanded access to federal criminal databases and assured that case processing would continue while the new requirements were implemented.
Days later, the controls were causing delays in various immigration processes. The internal guidelines instructed to resubmit the fingerprints of pending cases and to not approve applications that had not yet undergone extensive background checks.
The letters currently circulating help to explain another part of that process: how USCIS can use the collected biometrics to keep FBI checks updated while certain cases remain open.
For immigrants who receive only this notice, the instruction in the document itself is clear: they should not respond or initiate a new procedure unless USCIS subsequently sends another communication requesting it.
Related videos:
Filed under: