An unexpected notice from U.S. Citizenship and Immigration Services (USCIS) can raise questions, particularly when it mentions the FBI. Many applicants for USCIS benefits have recently received a notice titled “FBI Privacy Requirements for Biometrics Collection by USCIS.” This is an explanation of how biometric information is used for background checks and outlining applicants’ privacy rights.
Receiving this notice does not mean there is a problem with your immigration application or petition. USCIS states in these notices that no further action is required at this time and that a separate notice will follow if additional information is needed.
At Pelton + Balducci, we understand how important clear answers are while you are waiting for a decision on your case from USCIS. Understanding the purpose of this notice can help you know what it means and what to do next.
What Is the USCIS FBI Biometrics Privacy Notice?
The USCIS FBI privacy notice explains how biometric information, including fingerprints and photographs, is collected and used for FBI criminal history checks. In 2017, USCIS announced a new policy of Continuous Immigration Vetting (CIV). In furtherance of CIV, USCIS appears to now be participating in the FBI’s “Rap Back” program that allows the FBI to notify USCIS of any future change or addition to a targeted individual’s FBI record. This means that USCIS may be informed of any FBI-recorded activities that occur for any applicant whose biometrics have been captured.
A privacy provision requires that the government provide notice to monitored individuals of this CIV / FBI program, which is the purpose of the notices issued by the USCIS office in Camp Springs, Maryland.
Why Does USCIS Use Biometrics for Immigration Background Checks?
USCIS uses biometric information to help verify identity and conduct background and security checks associated with immigration applications. Fingerprints can be checked against FBI criminal history records as part of that process.
What Does Continuous Immigration Vetting Mean?
The USCIS FBI privacy notice describes an event-based process called Continuous Immigration Vetting, or CIV. It explains that USCIS has been transitioning toward this process since 2017.
A background check conducted at a particular point in time reflects the records available when the check occurs. Continuous vetting allows USCIS to receive updates about relevant criminal history information through the FBI process, rather than relying solely on an earlier check.
This helps explain why applicants may receive information about ongoing screening after they have already provided fingerprints. Receiving the privacy notice does not establish that USCIS has found new criminal history information about you.
Does the FBI Privacy Notice Mean There Is a Problem With Your Application?
The notice does not indicate that USCIS has identified a problem with your immigration case. Its purpose is to explain the use of biometric information and the rights associated with that use.
If your online account indicates that USCIS sent a notice, review the actual document before interpreting the update. A general message about a mailing does not always identify what USCIS sent. Pelton + Balducci can review the correspondence and explain its significance for your case.
Your Privacy Rights Under the FBI Biometrics Notice
The USCIS FBI privacy notice outlines several rights related to biometric information and FBI criminal history records:
- Notification: You have the right to be informed that USCIS will use your fingerprints and other biometrics to check FBI criminal history records.
- Access and review: You may request a copy of your FBI identity record using the applicable procedures.
- Correction: If you believe your FBI identification record is incorrect or incomplete, you may challenge it and request corrections.
- Authorized use and protection: The notice explains that USCIS will use criminal history records for authorized purposes and protect them as required by federal law.
What Should You Do If You Receive the USCIS FBI Privacy Notice?
USCIS states that no further action is required at this time solely because you received this notice. If additional information is needed, USCIS will send a separate notice.
Keep a copy with your immigration records. If you are a Pelton + Balducci client and have questions about what you received, send our team a copy so we can review the document and explain whether anything else requires attention.
Continue monitoring your USCIS account and other correspondence. The instruction that no action is required applies to this privacy notice. It does not cancel existing appointments or remove deadlines in separate requests.
Let our team know if your contact information changes, and make sure your address information with USCIS is current. Keeping those details updated helps you receive future correspondence about your application.