Date: Wed, 31 Dec 1997 21:07:55 GMT Server: WebSitePro/1.1h Accept-ranges: bytes Content-type: text/html Last-modified: Mon, 24 Nov 1997 16:56:32 GMT Content-length: 7619
PREPARED BY THE LAW OFFICES OF CYRUS D. MEHTA
Written by Talar Iskanian, Esq. from the Law Offices of Cyrus D. Mehta. Talar is an active member of the American Immigration Lawyers Association, she co-chairs the Asylum Liaison Committee in New York and the Young Lawyers Division Pro-bono Committee nationally. She is also a member of the Immigration & Nationality Committee of the New York City Bar Association. She can be reached at tiskanian@aol.com.
The FY 98 Commerce, Justice, State and Judiciary (CJS) Appropriations Bill was passed late on November 13, 1997 and the President is expected to sign it into law shortly. The CJS bill includes a provision requiring INS to assume responsibility for fingerprinting for citizenship applications as well as all other non-naturalization benefits. INS will receive funding necessary to make critical improvements to the naturalization process. These improvements will help guarantee the integrity of the citizenship program, improve customer service, and ultimately reduce the backlog of pending cases. INS ANNOUNCES NEW NATURALIZATION PROCESS AND FINGERPRINT POLICY TO ENSURE INTEGRITY AND IMPROVE CUSTOMER SERVICE
New Streamlined Fingerprinting Policy
Under the new system, naturalization applicants will be required to be fingerprinted by INS after they have filed their applications, instead of submitting fingerprints at the time they file. Under the existing system, INS accepts fingerprints taken by Designated Fingerprint Service (DFS) entities and by law enforcement agencies. The new policy will effectively terminate INS/DFS program. Under the terms of the legislation, the new policy will become effective seven days after being signed by the President.Under the new policy, fingerprints for citizenship applications will now be taken at INS fingerprinting centers, known as "Application Support Centers" (ASCs). The first ASCs are scheduled to open in the coming weeks. Initially, there will be no charge for the fingerprints. However, INS anticipates that they will need to charge a fee in the future to cover the costs of fingerprinting.
INS will contact citizenship applicants by mail after it receives their applications. The letter designates a specific window of time in which applicants should come in to an ASC to have their fingerprints taken.
By taking fingerprints in-house, INS will be better able to prevent fraud and improve efficiency. The new procedures will help INS move toward its goal of ensuring that biographical information about each applicant is captured correctly, that the fingerprints are those of the applicant, and that the prints are clear enough to be read by the Federal Bureau of Investigation (FBI).
Under the DFS system, the majority of fingerprints were rejected due to incomplete or inaccurate biographical information or administrative errors. As a result, many applicants required multiple reprinting, delaying the completion of their FBI background checks. The new fingerprinting process will not increase an applicant's waiting time because the background check will be completed during the time the applicant would normally wait for an interview to be scheduled.
The new fingerprint procedures will apply only to people who file their naturalization applications more than seven days after the law becomes effective, and to those who filed before that date, but for whom INS has not received an acceptable fingerprint card. Applicants who have had their fingerprint cards rejected by INS and have not submitted acceptable replacement cards should either submit new DFS fingerprint cards prior to seven days after enactment of the new legislation or wait for an INS fingerprint scheduling notice. New applications or resubmissions must be postmarked before the deadline to be considered timely.
New Fingerprinting Instructions for Individuals Applying For Other Immigration Benefits
Applicants for benefits other than naturalization will be able to continue to obtain fingerprints from law enforcement agencies that have registered with the INS. In order to minimize the impact of the elimination of DFS services, INS has signed up an additional 250 law enforcement agencies as fingerprint sites in the last several weeks. Applicants for all benefits will eventually be able to have their fingerprints taken by INS as the new ASCs open.Application Support Centers in Immigrant Communities To Take Fingerprints
In the next several weeks, INS will begin to open ASCs in the six major metropolitan areas - Chicago, Los Angeles, Miami, Newark, New Jersey, New York and San Francisco - that account for approximately 70 percent of citizenship applications. Over the course of the next several months, INS plans to open more than 80 offices nationwide. It will choose sites by taking into account the density of immigrant populations; availability of public transportation, highways and parking; and accessibility for people with disabilities. INS is now working with state and local governments and community-based organizations to identify appropriate locations.The Application Support Centers will be staffed by contractors whose function initially will be solely to take fingerprints. They will be hired and trained by INS, cleared by the FBI, and overseen by INS personnel.
INS is also establishing a fleet of vans that will serve as mobile fingerprinting centers, in addition to the permanent sites. The vans will make regularly scheduled visits to areas not served by the ASCs. INS plans to work with local communities to arrange stops for homebound applicants, those in nursing homes, and others with special needs. INS is also prepared to fill gaps in coverage by supplementing mobile services with support from existing INS facilities and law enforcement agencies.
Technology to Improve Fingerprinting
INS has developed and is now testing new systems for streamlining the fingerprinting process, including electronic fingerprint machines that will help to reduce errors in printing that occur manually and bar codes on fingerprint cards and applications that ensure the results of FBI background checks are correctly linked to applications.Restructuring the Process Using Automation and Standardization
In addition to the new streamlined fingerprint process, the INS will implement new infrastructure and technology, including up-to-date computer systems, new software programs and expansion of direct mail, which will help improve the integrity of the naturalization application process and make it more efficient.With these new procedures in place, INS plans to significantly reduce the backlog in citizenship applications and reduce the processing time to a six month period.
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