Fingerprint Waivers for Naturalization Applicants
Posted Jan 29, 2000

A criminal background check through the Federal Bureau of Investigation (FBI) is a routine part of the naturalization process for all applicants. In order for the FBI to perform the background check, it is necessary for applicants to be fingerprinted.  However, in a Memorandum issued on November 15, 1999, the INS recognized that some persons may have certain conditions or disabilities that make them unable to provide legible prints, or to provide fingerprints at all.

Accordingly, the Memo authorizes a fingerprinting waiver, and sets forth the criteria and procedures for such a waiver. Since the FBI can do a background check even on fewer than ten fingerprints, merely having fewer than ten fingers does not make a person eligible for the waiver. However, waivers may be granted only if the applicant can provide no fingerprints, or no legible fingerprints. Also, the condition rendering a person unable to be fingerprinted cannot be a temporary condition.

The Memo spells out that only the Manager at an INS ASC (fingerprinting center), or other INS officer acting in a similar supervisory capacity, has the authority to approve a fingerprint waiver. Persons who cannot be fingerprinted are unable to obtain FBI checks, but will be required to obtain local police clearances in lieu of fingerprinting. The Memo also includes a form for the waiver application.

As many of our readers of the Immigration Law Bulletin of the Law Office of Sheela Murthy are aware, the fingerprinting procedures during the adjustment of status and the naturalization process have been reasons for many delays. The INS is now attempting to finally resolve some of these delays and comply with federal laws that require the INS to provide certain accommodation to those with disabilities.