刚刚从www.immigrationportal.com 看到
(http://www.immigrationportal.com/showthread.php?t=194681&page=566&pp=15)
由于是PDF文件,只好手工拷贝重要部分 (好像可以通过一个叫 PACER 的法院案例系统得到)
下面是目前公开的最为详细的移民局/联邦调查局officer 介绍背景调查过程,大家有时间不妨研究一下,很多可以被用来作为WOM得有利引证...
MICHAEL A. CANNON, pursuant 28 U.S.C. $ 1746, declares the following:
(1) I am currently the Section Chief of the National Name Check Program
Section ("NNCPS'?, formerly part of the Record/Information Dissemination Section ("RIDS"),
Records Management Division ("RMD), at the Federal Bureau of Investigation Headquarters
("FBIHQ") in Washington, D.C. I have held this position since March 7,2005.
(2) In my current capacity as Section Chief, I supervise the National Name
Check Units. The statements contained in this declaration are based upon my personal
knowledge, upon information provided to me in my official capacity, and upon conclusions and
determinations reached and made in accordance therewith.
I (3) Due to the nature of my official duties, I am familiar with the procedures
followed by the FBI in responding to requests for information from its files pursuant to the policy
and the procedures of the United States Citizenship and Immigration Services ("USCIS").
Specifically, I am aware of the name check request for plaintiff Larisa Mikhailova.
NATIONAL NAME CHECK PROGRAM
.....
(1 1) When the FBI searches a person's name, the name is electronically
checked against the UNI. The searches seek all instances of the individual's name, a close date
of birth, and social security number, whether a main file name or reference. Again, a main file
name is that of an individual who is, himself, the subject of an FBI investigation, whereas a
reference is someone whose name appears in an FBI investigation. References may be
associates, witnesses, or conspirators. Additionally, there may be a myriad of other reasons to
explain why an FBI SA believed it important to index a particular name in an investigation for
later recovery. The names are searched in a multitude of combinations, switching the order of
first, last, and middle names, as well as combinations with just the first and last, first and middle,
and so on. The Name Check Program (NCP) application searches the names phonetically against
the UNI records and retrieves similar spelling variations. This is especially important
considering that many names in our indices have been transliterated from a language other than
English.
(12) If there is a match with a name in a FBI record, it is designated as a "Hit,"
meaning that the system has stopped on a possible match with the name being checked. At that
point, a person must review the file or indices entry to further refine the names "Hit" on. If a
search comes up with a match to a name and either a birth date or social security number, it is
designated an "Ident." An "Ident" is usually easier to resolve.
RESOLUTION RATE
(13) Historically, approximately 68% of the name checks ted by USCIS
are electronically checked and retunled to USCIS as having "No Record" within 48 hours. A
"No Record" indicates that the FBI's UNI database contains no identifiable information
regarding a particular individual. Duplicate submissions (hi,d entically spelled names with
identical dates of birth and other identical information ted while the original submission is
still pending) are not checked, and the duplicate findings are returned to USCIS within 48 hours.
(14) For the name check requests that are still pending after the initial
electronic check, additional review is required. A secondary manual name search completed
within 30 - 60 days usually identifies an additional 22% of the USCIS requests as having "No
Record," for a 90% overall "No Record" response rate. The results of this 22% are returned to
USCIS. The remaining 10% are identified as possibly being the subject of an FBI record. At this
point, the FBI record must now be retrieved and reviewed. If the record was electronically
uploaded into the FBI ACS electronic record keeping system, it can be reviewed quickly. If not,
the relevant information must be retrieved from an existing paper record. Review of this
information will determine whether the information is identified with the request. If the
information is not identified with the request, the request is closed as a "No Record," and USCIS
I
is notified as such.
(15) Once a record is retrieved, the information in the file is reviewed for
possible derogatory information. Less than 1% of the requests are identified with a file
containing possible derogatory information. If appropriate, the FBI then forwards a summary of
the derogatory information to USCIS.
GROWTH OF THE NAME CHECK PROGRAM
(16) Prior to September 11,2001, the FBI processed approximately 2.5 million
name check requests per year. As a result of the FBI's post-911 1 counterterrorism efforts, the
number of FBI name checks has grown. For fiscal year 2006, the FBI processed in excess of 3.4
million name checks.
USCIS NAME CHECK REOUESTS
(17) In this period of heightened national security concerns, a review of the
background check procedures employed by USCIS was conducted in November 2002. It was
determined that in order to better protect the people and the interests of the United States, a more
detailed, in-depth clearance procedure was required. One of these procedures involved the name
check clearance performed by the FBI. At that time only those "main" files that could be
positively identified with an individual were considered responsive. The risk bf missing a match
to possible derogatory record(s) was too great and therefore, the search criteria was changed to
access references. From a process standpoint, this meant many more files were required to be
reviewed for each individual.
(1 8) In December of 2002 and January of 2003, USCIS reted 2.7 million
name check requests to the FBI for all pending applications for benefits under the Immigration
and Nationality Act for which name checks were required. The 2.7 million requests were in
addition to the regular submissions by USCIS. The FBI has now returned an initial response for
all 2.7 million requests. While many initial responses unquestionably indicated that the FBI had
no information relating to a specific individual, approximately sixteen percent of the responses
(over 440,000) indicated that the FBI have information relating to the subject of the inquiry.
These 440,000 requests are in the process of being resolved.
(19) The FBI's processing of the more than 440,000 residuals has delayed the
processing of regular submissions from USCIS. As directed by USCIS specifically, the FBI
processes name check requests on a first-in, first-out basis unless USCIS directs that a name
check be expedited.
(20) It is important to note that the FBI does not adjudicate applications for
benefits under the Immigration and Nationality Act. The FBI generally provides a summary of
PLAINTIFF'S NAME CHECK REOUEST
(21) The name check request for plaintiff Larisa Mikhailova was ted by
USCIS on June 29, 2005, and was completed on November 2,2006. The results were forwarded
to USCIS, Washington, D.C., in accordance with our normal protocol.
(22) Pursuant to 28 U.S.C. 5 1746, I declare under penalty of perjury that the
foregoing is true and correct to the best of m*y k nowledge and belief. Executed this 36 day of November 2006. ~ddd- MICHAEL A. CA ON
Section Chief
National Name Check Program Section
Records Management Division
Federal Bureau of Investigation
Washington, D.C.