(a) Cards.

The following fingerprint cards shall be used by Service employees for the indicated purposes.

Applicant card, Form FD-258, supplied by the FBI, shall be used to fingerprint any person 14 years of age or older (not under exclusion or deportation proceedings) for whom fingerprints are required in connection with an application for a benefit under the immigration and nationality laws administered by the Service, and aliens who have been lawfully admitted to the United States for permanent residence, who have not been previously fingerprinted.

Applicant card, immigrant visa applicant. Only Form FD-258 bearing ORI code USDSV)))Z, furnished by United States consular posts shall be used in fingerprinting immigrant visa applicants. Applicants not in possession of the proper form shall be informed that the form may be secured from the post processing their visa application.

Criminal card, Form FD-249, supplied by the FBI, shall be used, except as provided in the last sentence of this paragraph, to fingerprint every alien 14 years of age or older who has been (1) taken into custody without a warrant of arrest 8 CFR 287 or under a warrant of arrest (8 CFR 245 ) (2) served with an order to show cause in deportation proceedings; (3) found to have willfully violated his status as a crewman; (4) taken into custody for deportation as a crewman under section 252(b) of the Act; or (5) excluded from the United States (8 CFR 236.6). It shall also be used within this Service in checking with State or municipal police authorities and in furnishing fingerprints to foreign consuls. It may also be sent to RCMP if its forms are not available. It shall not be used in place of the applicant card. Except under unusual circumstances in an individual case, deportable aliens being granted voluntary departure shall not be fingerprinted when they will depart or be removed from the United States before it would be possible to receive a "kickback" record if a fingerprint card were submitted to the FBI.

AR-4, a Service form, shall be used to fingerprint nonimmigrants over 14 years of age not exempted by 8 CFR 264.1(e) and for refingerprinting, when it is necessary, those aliens originally fingerprinted abroad by American consuls. Form G-155 shall be used to the maximum extent possible when communicating with such aliens concerning their need to be fingerprinted.

(b) Preparation of fingerprint cards.

When the applicant FD-258 card is used, the type of case shall be entered in the "REASON FINGERPRINTED" block.

If an "FBI identification number" is shown in the relating file, enter that number in the "FBI NO. FBI" block.

The A number of the individual fingerprinted must be placed in the "MISCELLANEOUS NO. MNU" block.

If the office of origin is different from the address shown in the "ORI" block, enter the three letter INS office code in bright green in the "AKA" block next to the preprinted ORI address. This is necessary because the FBI will send returned information back directly to the ORI address only.

Form FD-258 fingerprint cards must be forwarded to the FBI Identification Division with no other form attached. (Revised)

(c) Fingerprinting.

When necessary, Form FD-258 and G-325 or G-325A as appropriate, shall be attached to each application furnished to the public in which a check of the FBI Identification Division records is required. There shall also be attached an unfranked envelope 8 3/4" x 8 3/4" bearing the address of the office to which the applicant fingerprint card are to be returned. The unfranked envelopes shall be stamped in large block type "DO NOT FOLD OR BEND." Clerks of courts and others maintaining a supply of applicati on forms for the use of the public should be kept supplied with applicant cards, unfranked envelopes, and Form G-325. (Revised)

Applicants may be fingerprinted by Service employees, other law enforcement officers, Service out-reach centers, charitable and voluntary agencies, and other reputable persons or organizations. The fingerprint cards on which the prints are submitted, the ink used, and the quality and classifiability of the prints must meet standards prescribed by the Federal Bureau of Investigation. When the fingerprints are taken by Service employees, the letters "I&NS" shall be noted on the fingerprint card followin g the signature and title of the employee taking the fingerprints. When the fingerprints are taken by authorized persons outside the Service, the fingerprint card shall show the Service as the contributor. Whenever fingerprints are recorded by authorized persons outside the Service, the signature of the applicant on the fingerprint card shall be compared with samples of his signature in his Service file. If there are any discrepancies, the applicant shall be called in for questioning and refingerprinting .

The Form I-94 in the possession of a nonimmigrant fingerprinted pursuant to 8 CFR 264.1(e) and any application submitted by him shall be noted "Fingerprinted - (date)."

When a criminal card is used, the FBI abbreviation "dep proc," if appropriate, shall be inserted under "Charge or Offense;" telegraphic code words shall not be used. A criminal code violation shall be followed by an FBI standardized arrest abbreviation and inserted under "Charge or Offense;" e.g., 8 USC 1325 0 illeg. ent. U.S. When a field office submits a criminal card directly to the FBI or the RCMP, the address of the submitting office shall be inserted in the "Contributor and Address" block.

Codes or symbols shall not be used except the alphabetical Service location code in parentheses following the Service file number.

When a check of the records of the FBI International Exchange Service is desired, that fact should be clearly indicated on the fingerprint card together with the name of the country whose records are to be checked, the FBI number, if known, all known foreign addresses, and the names of the subject's parents. If the FBI Identification Division records contain a criminal record of the subject contributed by the specified foreign country within the past six months, a transcript of that record will be furn ished to this Service without transmitting the fingerprint card to the foreign country for an additional check; therefore, if there is reason to believe the subject has a criminal record in that country less than six months old, the card should bear the statement "Fingerprint card to be transmitted to (insert name of country) regardless of what the FBI record shows."

(d) Disposition.

If the final disposition was not entered on the criminal card when furnished the FBI, Form R-84 shall be submitted as outlined in OI 242.5 . Final disposition includes adjustment of status by any means to that of a lawful permanent resident, termination of deportation proceedings, release as United States citizen or lawful resident alien, or death, as well as departure or deportation.

OI 105.10 Agency checks of applicants and petitioners.

(a) Use of Forms G-325, G-325A, G-325B, and G-325C.

An applicant or petitioner shall be required to submit Form G-325, G-325A, or G-325C, as appropriate, when called for by the instructions for completion of an application or petition, or the relating regulations or OI's.

Form G-325 shall be used to check the records of the FBI Identification Division or Records Branch, or both; Form G-325A to check the records of the CIA, or a consul (in adjustment of status cases), or both, in addition to FBI checks, and G-325B to check records of other agencies. In a naturalization case the field office shall complete sheet 3 of Form G-325A if a check of CIA records is desired, and Form G-325B if a check of the records of any other agency (except the FBI) is desired. Form G-325C sha ll be used for overseas refugee applicants as indicated in paragraph (e) of this OI. (Revised)

If a check of agency records is deemed appropriate in connection with an application or petition in which such check is not normally made, the field office shall complete Form G-325, G-325A, or G-325B, as appropriate, and note the signature box "Prepared by INS."

A check shall be requested only if the applicant or petitioner (or a child beneficiary in a naturalization case) is 14 years of age or older. A FBI identification check shall not be requested for any such person who is more than 79 years of age.

If the response to a previous check of the FBI Identification Division or Records Branch is less than 15 months old at the time adjudication of any application or petition is made, or at the time of final hearing on a naturalization petition, an up-to-date check shall not be made unless there is reason to believe that additional pertinent information is available.

(b) Processing of Forms G-325, G-325A, and G-325B.

Check to assure that all sheets are legible and complete. If sheet 1 prepared by an applicant or petitioner is so illegible as to be useless for the required purpose, the applicant or petitioner shall be called upon to submit a legible form; otherwise the illegible copies shall be completed by the field office. Insert any missing information from the data in the relating file. Such insertion shall be made on all sheets and shall appear in red on sheet 1.

Stamp the following information in the INS box of sheet 2 and 3: (Revised)

Office Code

Type of Case

Data

The data shall be the date of mailing to the agency. The file shall be noted to show each type of record check requested and the date of the request.

Stamps and notations on Forms G-325A, B, and C shall be made strictly in conformity with this OI.

Sheet 1. Retain sheet 1 in the file with the application or petition. (Revised)

Sheet 2. On sheet 2 (Rec. Br.) at the bottom of the INS box print or stamp "Prior response received (date)," if Form G-325 is being submitted to the FBI Records Branch within 15 months from the date of the last response; in addition, if the file contains any narrative reports from the FBI, insert the file number and date of such reports. If additional space is needed, insert "See reverse" and list the reports on the reverse. Mail sheet 2 to: Director, Federal Bureau of Investigation, Department of Ju stice, Washington, D. C. 20535, Attention: Records Branch.

Sheet 3. Mail sheet 3 (CIA) to: Central Intelligence Agency, Attention; Deputy Director of Operations, Room 2D-27HQS, Washington, D.C. 20505. (TM 2/87)

Sheet 4. On sheet 4 (Consul), which is used in adjustment of status cases, stamp the following in the INS box:

U.S. Consul: Please check records pursuant 9 FAM, Part IV, App. D, Services for I.N.S., section 8. If required, reply to: (full address of office of origin) (date), and cite above alien registration number.

In any case where a complete police and security check is desired, print or type in the INS book, in lieu of above stamp, the following:

U.S. Consul: Complete police and security check requested. Reply to (full address of office of origin) (date) and cite above alien registration number.

In Hong Kong, Taiwan and India job-offer cases where overseas investigations are required by OI 245.3(b) , the Service office processing Form I-485 should type, stamp or print in the Other Agency Use box that it is a job-offer case,and that the OF 156, the G-325A and comments should be provided either to the District Director, Rome or if within the jurisdiction of the District Director, Bangkok, directly to the officer in charge of the particular office.

Form G-325B. When Form G-325B is used to check the records of any agency other than the FBI, CIA, or American Consul, the INS box shall be stamped to show the full address of the office of origin, and date. When sending Form G-325B to the State Department passport Office, the subject's United States passport number, if known, should be inserted in the INS box. (Revised)

(c) Responses from FBI and CIA.

When the FBI or CIA furnishes a relating record, advises that one exists or may exist, or returns a fingerprint card with the notation "Fingerprints illegible", the material shall be stamped on the reverse by the field office to show date of receipt and shall be immediately sent to the operating branch for immediate attachment to the file. The operating branch shall also stamp the reverse to show date received.

If no response is received to an FBI or CIA G-325 request within 40 days of the date of mailing the application or petition shall be processed on the assumption that the results of the request are negative. (Revised)

When an expeditious response is needed from the FBI or CIA because of an unforeseen emergency or other circumstances indicating a sound basis for urgency, stamp in bright green ink or write with a bright green felt-tipped pen the word "SPECIAL" in the lower portion of the INS box. In naturalization cases involving servicemen on active duty, stamp or write "SERVICEMAN" in lieu of the word "SPECIAL." The agency response, whether negative or positive, to any Form G-325, which is so noted will be sent to the Service office of origin. The file shall be endorsed to show that such notation was made and the agency response awaited before making a decision on the case. (Revised)

See OI 335c.6 for other circumstances under which the word "SPECIAL" is to be entered upon Form G-325 in naturalization cases. (Revised)

(d) Follow-up and re-check procedure.

When a response has not been received to a Form G-325 request sent to an agency other than the FBI or CIA, make a machine copy of the form in the file, write "This is a follow-up on request dated____________," on the bottom of the copy, date the copy and send it directly to the agency. Note the file to show the date the follow-up was sent. (Revised)

(e) Special procedures applicable to refugee applicants.

Refugee applicants under Section 207 who are 14 years of age or older shall be required to submit a fully executed Form G-325C. It is to be processed and distributed in accordance with the instructions in this OI. (Revised)

Show the full address of the office of origin on sheets 2 through 7 of Form G-325C and date in the INS box. Sheets 2 and 3 shall then be processed in accordance with paragraph (b) of this OI. Sheet 4 shall be mailed to the Director, United States Army Investigative Records Repository, ATTN: ICIRR-A, Fort Meade, Maryland 20755, Attention: Liaison Officer, Immigration and Naturalization Service. Sheet 4 responses in refugee cases shall be processed in the same manner as prescribed by OI 104.10(c). No response to sheet 4 within 40 days from date of request should be regarded as indicating no record. (Revised)

Sheet 5, 6, or 7 shall be sent to each consulate having jurisdiction over the places of the alien's residence of six months or more as shown on Form G-325C and, when warranted, to State Department in Washington, D. C. If no response is received within 40 days from the date of the request, non-response shall be regarded as evidence that no derogatory information has been located and that there is no foreign policy objection to the alien's entry as a refugee into the United States. If the consulate has reason to believe that (a) a ground of ineligibility may exist, (b) derogatory information may be developed, or (c) the entry of the alien as a refugee may have an adverse effect on the foreign policy interests of the United States, the consulate will alert the originating office thereof. Upon receipt of such alert that office will not complete action on the alien's application until follow-up material is received from the consulate. If the checks are desired at more than 3 consulates the required extra s heets may be detached from additional sets of Form G-325C and the exact information appearing on the form submitted by the applicant shall be transposed to them. If a copying machine is available, the additional copies required may be made by this method. (Revised)

The file shall be noted to show each type of record check requested and the date of the request.

In all countries, except Germany, the Department of State makes the police check. In Germany, the applicant signs a request on a German government form for a check of the German police records. The form is forwarded to the Central Registry of all persons born outside Germany, which is located in Berlin. The form is returned to the Service office with an abstract of the record if positive, or with a stamp indicating no record.

In addition, other records in the country of the alien's residence are checked in accordance with the specific arrangements made with the appropriate officials of the host government.

(f) Supplemental instructions.

With respect to any aspect of the procedures outlined in OI 105.10 , which are not fully covered by this instruction, the instructions contained in OI 105.1 through OI 105.9 shall be followed. However, Form G-138,

Signature Specimen Form, is not used with G-325 series forms since a block is available on those forms for signature in applicant's native alphabet when such is in other than Roman letters.