A notice mentioning the FBI and criminal history records can sound alarming. In most cases, however, this letter is an informational privacy notice. It does not, by itself, mean that USCIS found a criminal record or suspects that a marriage is fraudulent.

Some marriage-based green card applicants have recently received a USCIS letter titled “FBI Privacy Requirements for Biometrics Collection by USCIS.”

The notice explains how USCIS may use fingerprints and other biometric information to request criminal history information from the FBI. It also explains the applicant’s rights to access and challenge inaccurate information.

What Is This USCIS Notice?

USCIS collects biometrics, including fingerprints and photographs, from many immigration applicants. Those biometrics may be used to verify identity and request criminal history information from the FBI.

The notice explains how that information may be used and describes the applicant’s rights under federal law.

The letter identifies two principal legal authorities:

• 28 U.S.C. § 534, concerning the collection, preservation, and exchange of identification records.
• 28 C.F.R. § 50.12, which requires authorized agencies to notify individuals when fingerprints will be used to check FBI criminal history records.

Why Are Marriage-Based Applicants Receiving It?

The notice is connected to the collection and use of biometrics. It is not based on the marital relationship itself.

In a marriage-based adjustment of status case, the foreign national spouse generally files Form I-485 and provides fingerprints, a photograph, and a signature. USCIS uses those biometrics as part of the identity, background, and security screening required before permanent residence can be approved.

A marriage-based applicant may receive the letter because:

• Fingerprints were collected for a pending Form I-485 or another USCIS benefit request.
• USCIS reused biometrics collected during an earlier immigration matter.
• USCIS submitted or resubmitted fingerprint information for an updated FBI check.
• USCIS is providing the privacy disclosure associated with enrollment in its continuous vetting process.

The sample notice states that USCIS has been transitioning since 2017 from screening conducted at a single point in time to an event-based process known as Continuous Immigration Vetting.

In practical terms, the government may receive updated criminal history information connected to an applicant’s biometrics while an immigration matter remains under review. The notice does not state that any adverse information exists.

Does This Mean USCIS Found a Criminal Record?

No.

The notice is not a criminal history report and does not identify any arrest, citation, charge, conviction, or other derogatory information.

It is also not:

• A Request for Evidence;
• A Notice of Intent to Deny;
• A biometrics appointment notice;
• An interview notice;
• A marriage fraud investigation notice; or
• A decision on the underlying application.

The appearance of the notice in a USCIS online account should not be interpreted as either approval or denial of the underlying application. It confirms only that USCIS is providing information about its use of biometrics and the applicant’s privacy rights.

Does the Applicant Need to Respond?

Usually, no. The sample notice expressly provides:

“You do not need to take any further action at this time. You will receive a separate notice if USCIS needs any additional information.”

The applicant should save a copy of the notice with the immigration file and continue monitoring the USCIS online account and physical mail for any separate correspondence.

A response would become necessary only if USCIS later sends a separate biometrics appointment notice, Request for Evidence, interview notice, or another document requesting information or action.

What Rights Does the Notice Explain?

When Should an Applicant Speak With an Attorney?

Although the privacy notice alone is generally routine, legal advice may be appropriate if the applicant has:

• An arrest, even if the case was dismissed;
• A criminal citation or charge;
• A sealed or expunged criminal matter;
• A prior immigration violation;
• Used another name or identity;
• Previously provided inconsistent information to an immigration agency; or
• A discrepancy between the immigration forms and information that may appear in a government database.

Counsel should also review the case if the privacy notice is followed by an unexpected interview, a Request for Evidence, a Notice of Intent to Deny, or an unusually long delay following the marriage-based interview.

Redacted Sample USCIS Notice

Below is a redacted example of the USCIS letter. The recipient’s name, address, and machine-readable mailing information have been permanently removed. The notice is provided for educational purposes only.

How Arif Law Offices Can Help

Arif Law Offices, P.C. represents couples in marriage-based adjustment of status, consular processing, conditional residence, Form I-751 proceedings, waivers, and complex cases involving prior immigration or criminal history.

Our firm practices U.S. immigration law from California and assists clients in the United States, France, and internationally.

If you received this notice and have concerns about your record or a pending marriage-based case, contact our office for an individualized review.

Official Sources

• 28 C.F.R. § 50.12 — Exchange of FBI Identification Records
• FBI Identity History Summary Checks
• USCIS Preparing for Your Biometric Services Appointment