Part of the immigration process involves having our US Government agency, namely USCIS, perform a background name check or name clearance on you. This investigation can turn out to be a complex and drawn out process that causes a lot of confusion and frustration. Hiring the services of a qualified immigration attorney is highly recommended for any individual who is subjected to a name check application or who is submitting any application or petition that involves your name, especially if you have had issues with your name.
What Is Name Clearance?
This step in the immigration process is performed in order for our government to check for applicants who have a main file or a reference file in the FBI’s or a state based criminal database. Having a main file means that the applicant is the subject of an investigation, while having a reference file indicates that the applicant has been mentioned in an investigation as a witness, associate or conspirator.
How Does it Work?
Agents working for U.S. Citizenship and Immigration Services (USCIS) submit a name clearance application to the National Name Check Program (NNCP) on an ongoing basis. Roughly 50 percent of all applications that are submitted to NNCP are from USCIS. NNCP electronically checks the names to see if they are on the FBI’s Universal Index. It usually takes about two to three days for these name clearances to be returned to USCIS. Results that show no record mean that the name does not appear in the FBI database. Those that do appear are subjected to a secondary manual search within 10 days. This either results in a “no record” response or additional scrutiny that requires pulling the FBI record for review.
What Causes Delays?
FBI records that must be reviewed can be done so quickly if the file is available electronically. If the file is a paper one, it has to be retrieved from the right FBI location, which can cause significant delays.
If you’re going to be submitting a name check application and you have had any issues with a state or federal agency, it’s important to make sure that you have all the necessary paperwork to submit to USCIS so that it can clear up any issues found in checking your name, especially if a record will be found. Hiring an experienced immigration attorney in the Dallas-Fort Worth, Texas area, one who knows the law and who can help you prepare for the name check, can help the process go more smoothly.
The firm, Goldstein & Scopellite, PC, with its experienced immigration attorneys, has an excellent track-record of immigration wins. The firm, located in Dallas, Texas, was established in 2002; now only takes selected clients. Contact the firm at 214-351-9100 for more information.
