Background:
USCIS has shifted from a “point-in-time” system, wherein the background and criminal history of an applicant for immigration benefits was checked at the time of biometrics collection, to a process known as “Continuous Immigration Vetting.” Under CIV, USCIS may monitor certain immigration benefits applications throughout the application adjudication period as new information is received. CIV is an event-based vetting tool that automates and streamlines USCIS’s receipt of potentially derogatory information every time there is an “event” pertaining to the applicant, such as the filing of a new application, taking of fingerprints, or updating of the address.
Recent Notices:
In accordance with governing laws and agency regulations (including the Privacy Act of 1974 and 28 CFR 50.12), USCIS is required to provide notice to applicants explaining how their criminal history records are collected, used and shared. These privacy and notice requirements have triggered USCIS’s recent issuance of notices to individuals with pending immigrant applications, including N-400, I-485, and other family, humanitarian, and employment-based immigrant applications requiring background checks.
Key Takeaway – No Action Required:
The notices are informational and are not indicative of any negative implication associated with a pending application. As USCIS is continuously and actively monitoring an applicant’s biometric profile against criminal databases, it is required to proactively issue updated privacy notifications to interested parties. There is no response required from any applicant pursuant to these notices.
