International Marriage Broker Regulation Act of 2005: Agencies	 
Have Implemented Some, but Not All of the Act's Requirements	 
(08-AUG-08, GAO-08-862).					 
                                                                 
The International Marriage Broker Regulation Act of 2005 (IMBRA) 
was enacted to address issues of domestic violence and abuse	 
against noncitizens (beneficiaries) married or engaged to U.S.	 
citizens (petitioners) who have petitioned for them to immigrate 
to the U.S., including those who met through an international	 
marriage broker (IMB). IMBRA mandated that GAO study the act's	 
impact on the visa process for noncitizen spouses and fiance(e)s.
This report addresses the extent to which the U.S. Citizenship	 
and Immigration Services (USCIS), a component of the Department  
of Homeland Security (DHS); the Department of State (DOS); and	 
the Department of Justice (DOJ) have implemented IMBRA, and the  
extent to which USCIS and DOS have collected and maintained data 
for this GAO report as required by IMBRA. To address these	 
objectives, GAO reviewed the act and related legislation,	 
analyzed IMBRA implementation guidance and available data on	 
applications filed, and interviewed officials at USCIS, DOS, and 
DOJ.								 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-08-862 					        
    ACCNO:   A83428						        
  TITLE:     International Marriage Broker Regulation Act of 2005:    
Agencies Have Implemented Some, but Not All of the Act's	 
Requirements							 
     DATE:   08/08/2008 
  SUBJECT:   Aliens						 
	     Beneficiaries					 
	     Brokerage industry 				 
	     Data collection					 
	     Domestic violence					 
	     Federal regulations				 
	     Government information dissemination		 
	     Immigrants 					 
	     Immigration					 
	     Information disclosure				 
	     Information management				 
	     Interagency relations				 
	     Investigations by federal agencies 		 
	     Law enforcement					 
	     Regulatory agencies				 
	     Reporting requirements				 
	     Requirements definition				 
	     Risk assessment					 
	     Risk management					 
	     Sex crimes 					 
	     Visas						 

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GAO-08-862

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Report to Congressional Committees: 

United States Government Accountability Office: 
GAO: 

August 2008: 

International Marriage Broker Regulation Act Of 2005: 

Agencies Have Implemented Some, But Not All Of The Act's Requirements: 

GAO-08-862: 

GAO Highlights: 

Highlights of GAO-08-862, a report to congressional committees. 

Why GAO Did This Study: 

The International Marriage Broker Regulation Act of 2005 (IMBRA) was 
enacted to address issues of domestic violence and abuse against 
noncitizens (beneficiaries) married or engaged to U.S. citizens 
(petitioners) who have petitioned for them to immigrate to the U.S., 
including those who met through an international marriage broker (IMB). 
IMBRA mandated that GAO study the actï¿½s impact on the visa process for 
noncitizen spouses and fiancï¿½(e)s. This report addresses the extent to 
which the U.S. Citizenship and Immigration Services (USCIS), a 
component of the Department of Homeland Security (DHS); the Department 
of State (DOS); and the Department of Justice (DOJ) have implemented 
IMBRA, and the extent to which USCIS and DOS have collected and 
maintained data for this GAO report as required by IMBRA. To address 
these objectives, GAO reviewed the act and related legislation, 
analyzed IMBRA implementation guidance and available data on 
applications filed, and interviewed officials at USCIS, DOS, and DOJ. 

What GAO Found: 

USCIS, DOS, and DOJ have implemented two of seven key IMBRA 
requirements identified by GAO, but five key provisions intended to 
provide beneficiaries with information about the petitioners seeking to 
bring them to the United States have yet to be completed. First, 
although IMBRA requires DOS to mail a copy of the approved petition to 
each beneficiary, the agency is not currently fulfilling this 
requirement. Second, IMBRA limits the number of petitions a person may 
file for a noncitizen fiancï¿½(e) unless USCIS grants a waiver of the 
filing limits. However, USCIS officials told GAO that they do not check 
all petitioners against records to determine if a petitioner has 
previously filed a fiancï¿½(e) petition. USCIS adjudicators are required 
to check the record if the petitioner self-attests that he or she has 
previously filed a petition. By limiting its checks to those 
petitioners who acknowledge prior filings, USCIS increases the risk 
that it will approve more fiancï¿½(e) petitions than allowed under IMBRA. 
Third, IMBRA mandates that after two approved petitions, upon filing of 
a third petition within 10 years of the first, USCIS is to notify both 
the petitioner and beneficiary of previously approved petitions filed 
by the petitioner. USCIS officials told GAO that they no longer try to 
notify beneficiaries because of the difficulty in obtaining accurate 
overseas mailing addresses. Thus, beneficiaries are left without all 
required information for making a decision about the person petitioning 
on his or her behalf. USCIS officials told GAO that they plan to ask 
DOS to notify beneficiaries during their visa interview with a DOS 
consular officer. Fourth, the requirement to provide beneficiaries with 
a pamphlet that discusses the visa application process and available 
resources if the beneficiary encounters domestic violence or abuse is 
not being met. USCIS has drafted the pamphlet, but has not established 
time frames for finalizing the pamphlet. Until the pamphlet is 
finalized, translated, and distributed, USCIS increases the risk that 
beneficiaries are not being made aware of their rights or the resources 
that are available should they encounter domestic violence. Lastly, 
IMBRA establishes federal criminal and civil penalties for IMBs who 
violate its provisions. Although DOJ has drafted IMBRA-related 
regulations regarding how civil penalties would be administered, these 
regulations cannot be finalized until DOJ, USCIS, and DOS decide which 
agencies will be responsible for investigating, referring, and 
prosecuting potential IMBRA violations. Until the agencies resolve 
these issues and establish an enforcement framework, it will be 
difficult for IMBRA violators to be penalized. 

USCIS is collecting and maintaining some of the data for this report as 
required by IMBRA; however, most of the data are not in a summary or 
reportable form and other required data have not been collected. For 
example, GAO could not determine the extent to which petitioners with a 
criminal history or history of violence have filed petitions because 
USCIS does not capture this data electronically. USCIS officials told 
GAO that they are considering modifying their data management system to 
collect data that is currently not being collected. However, no 
decisions have been made. 

What GAO Recommends: 

GAO recommends that USCIS develop a timeline for finalizing the 
pamphlet and mechanism to ensure all petitioners are checked for prior 
filings and that all beneficiaries are notified about previously 
approved petitioner filings, and that DHS work with DOS and DOJ to 
develop a framework for prosecuting IMBRA violations. USCIS and DHS 
concurred with GAOï¿½s recommendations. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-862]. For more 
information, contact Richard M. Stana at (202) 512-8777 or 
[email protected]. 

[End of section] 

Contents: 

Letter: 

Scope and Methodology: 

Results in Brief: 

Background: 

Agencies Have Implemented Some, Not All, IMBRA Requirements: 

Most of the USCIS Data Required for GAO Study Are Not in a Summary or 
Reportable Form; Other Required Data Are Not Collected: 

Conclusions: 

Recommendations: 

Agency Comments and Our Evaluation: 

Appendix I: Summary of Selected IMBRA Requirements for USCIS, DOS, DOJ, 
and IMBs: 

Appendix II: Comments from U.S. Department of Homeland Security: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Actions Taken by Agencies to Implement Selected IMBRA 
Requirements: 

Table 2: Summary Table of Data GAO Mandated to Report: 

Figures: 

Figure 1: I-129F Petition Filing and Visa Application Process: 

Figure 2: Timeline Showing Key Steps in the Development of the 
Information Pamphlet: 

Abbreviations: 

CLAIMS: Computer Linked Application Information Management System: 

DHS: Department of Homeland Security: 

DOJ: Department of Justice: 

DOS: Department of State: 

EOIR: Executive Office for Immigration Review: 

INA: Immigration and Nationality Act: 

IBIS: Interagency Border Inspection System: 

IMB: international marriage broker: 

IMBRA: International Marriage Broker Regulation Act of 2005: 

OMB: Office of Management and Budget: 

RPM: Regulation and Product Management: 

USCIS: U.S. Citizenship and Immigration Services: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

August 8, 2008: 

The Honorable Patrick J. Leahy: 
Chairman: 
The Honorable Arlen Specter: 
Ranking Member: 
Committee on the Judiciary: 
United States Senate: 

The Honorable John Conyers, Jr. 
Chairman: 
The Honorable Lamar S. Smith: 
Ranking Member: 
Committee on the Judiciary: 
House of Representatives: 

The Immigration and Nationality Act (INA) allows U.S. citizens 
(petitioners) to petition for noncitizen fiancï¿½(e)s, spouses, and minor 
children (beneficiaries) to immigrate to the United States. Some 
petitioners have criminal histories that could put these beneficiaries 
at risk of abuse, such as sexual assault.[Footnote 1] The International 
Marriage Broker Regulation Act of 2005 (IMBRA)[Footnote 2] was enacted 
to address issues of domestic violence and abuse against beneficiaries 
by petitioners, including those who met their foreign-born spouses 
through an international marriage broker (IMB).[Footnote 3] Among other 
things, IMBRA contains requirements that are intended to ensure that a 
beneficiary is informed in the event that his or her petitioner has a 
criminal history or a history of filing multiple petitions for 
fiancï¿½(e)s to immigrate into the United States. U.S. Citizenship and 
Immigration Services (USCIS) within the Department of Homeland Security 
(DHS)[Footnote 4] and the Bureau of Consular Affairs within the 
Department of State (DOS) play key roles in the disclosure of a U.S. 
citizen's criminal background information, including sex crimes, to 
beneficiaries protected by IMBRA. For the purposes of making this 
disclosure, USCIS must obtain and furnish the petitioner's criminal 
background information, along with the approved petition, to DOS, which 
is to forward these materials to the beneficiary by mail. DOS, which is 
responsible for reviewing beneficiary visa applications for approved 
petitions for the purpose of issuing a visa, must also disclose the 
petitioner's criminal background information to the beneficiary during 
the consular interview. While DOS is responsible for disclosing 
criminal background information to the beneficiary, IMBRA requires 
USCIS to inform beneficiaries if a U.S. citizen who has been approved 
twice before files another fiancï¿½(e) or spouse petition within 10 years 
of the first filing. 

IMBRA also establishes disclosure and other requirements for IMBs to 
help inform and provide greater assurance for the safety of noncitizen 
fiancï¿½(e)s who meet their U.S. citizen fiancï¿½(e)s through an IMB. IMBs 
who violate IMBRA's provisions are subject to federal criminal and 
civil penalties. IMBRA makes the Department of Justice (DOJ) 
responsible for the imposition of civil penalties after notice and an 
opportunity for a hearing. 

Section 833(f) of IMBRA mandated that GAO study the impact of IMBRA on 
the visa process for noncitizen fiancï¿½(e)s, including reporting 
specific data USCIS and DOS were to collect and maintain for GAO to do 
its study.[Footnote 5] Other information IMBRA required GAO to report, 
such as the number of international marriage brokers doing business in 
the United States and the extent of brokers' compliance with IMBRA, was 
not available, and therefore we are not able to report such 
information. In accordance with the congressional mandate and as 
discussed with the offices of the Chairmen and Ranking Members of the 
Senate and House Judiciary Committees, this report addresses the 
following questions: 

* To what extent have USCIS, DOS, and DOJ implemented the requirements 
of IMBRA? 

* To what extent have USCIS and DOS collected and maintained data for 
GAO reporting as required by IMBRA? 

Scope and Methodology: 

To determine the extent to which USCIS, DOS, and DOJ implemented the 
requirements of IMBRA, we reviewed the Act, its legislative history, 
relevant provisions of the INA, and related legislation, the Adam Walsh 
Child Protection and Safety Act of 2006[Footnote 6] which contains 
provisions that may affect a petitioner's ability to have beneficiaries 
immigrate. For purposes of this review, we summarized and grouped 
IMBRA's requirements into seven key areas and identified the actions 
taken and the actions remaining in each of the key areas. To determine 
what actions had and had not been taken, we obtained and analyzed 
pertinent documentation, such as USCIS's and DOS's IMBRA implementation 
guidance for its adjudicators[Footnote 7] and consular officers, 
respectively. We also interviewed cognizant officials at USCIS 
headquarters and at its California and Vermont Service Centers--the two 
service centers responsible for processing petitions for alien 
fiancï¿½(e)s; at DOS, and at DOJ. We interviewed three DOS Consular 
Affairs Unit Chiefs by telephone and received written responses to our 
questions from four other Unit Chiefs all of whom were responsible for 
processing immigrant visa applications, including fiancï¿½(e) visas. 
These Unit Chiefs were at seven consular posts located in Bangkok, 
Thailand; Bogotï¿½, Colombia; Ciudad Juarez, Mexico; Guangzhou, China; Ho 
Chi Minh City, Vietnam; Manila, Philippines; and Moscow, Russia. We 
chose these posts because they issued about two-thirds of alien 
fiancï¿½(e) visas in fiscal year 2007. While information we obtained at 
these locations may not be generalized across all consular posts, 
because we selected the posts based on the volume of activity, we 
believe the posts provided us with a general overview and perspective 
on the implementation of IMBRA at the selected posts. 

To determine whether USCIS and DOS have collected and maintained data 
for our report as required by IMBRA, we obtained and analyzed available 
data for fiscal years 2006 and 2007 on fiancï¿½(e) petitions filed from 
USCIS's application management system, and on visas issued to 
fiancï¿½(e)s from DOS's visa database. To determine the reliability of 
data in USCIS's and DOS's database, we observed how petitioner data are 
entered into USCIS's data system, reviewed pertinent USCIS and DOS 
documents, and interviewed relevant USCIS and DOS officials. We 
determined that the data we used from USCIS and DOS databases were 
sufficiently reliable for purposes of this report. In addition, we 
interviewed cognizant officials at DHS/USCIS in headquarters, 
Washington, D.C.; at the California and Vermont Service Centers, and at 
DOS. We conducted this performance audit from October 2007 to August 
2008, in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Results in Brief: 

USCIS, DOS, and DOJ have implemented some, but not all of the IMBRA 
requirements that are designed to inform beneficiaries about the 
persons petitioning for them to immigrate to the United States. Two of 
seven key IMBRA requirements we identified--the disclosure of 
petitioner criminal conviction information to beneficiaries and the 
establishment of a database to track petitioners who have had multiple 
fiancï¿½(e) or spousal petitions approved--are being implemented by the 
cognizant agencies, DOS and USCIS. USCIS and DOS also issued IMBRA- 
related guidance to its USCIS adjudicators and DOS consular officers, 
respectively. However, the following five key requirements intended to 
provide beneficiaries with information to enable them to make informed 
choices and provide certain protections under IMBRA have yet to be 
fully implemented: 

* Under IMBRA, DOS is required to mail to the beneficiary a copy of the 
petition submitted by the petitioner, which is to include any criminal 
background information, at the same time it mails the instruction 
packet regarding the visa application process. Although DOS's guidance 
does provide for the mailing of criminal background information to 
beneficiaries, the guidance does not specifically require DOS to mail 
beneficiaries a copy of the approved petitions, as required by IMBRA. 
The petitions require petitioners to disclose additional information 
beyond criminal history, such as their marital status and the number of 
prior petitions filed, approved, and denied. Thus, while DOS' guidance 
provides for the mailing of the criminal background information, not 
sending the petitions themselves increases the risk that beneficiaries 
may not be obtaining relevant non-criminal information about their 
petitioners that could affect their immigration decision. During the 
course of this engagement, DOS informed us that it will revise its 
guidance to its consular officers requiring them to mail the I-129F 
petition when mailing the instruction packet to beneficiaries. 

* IMBRA limits how many times a person may petition for a noncitizen 
fiancï¿½(e). Unless USCIS grants a petitioner's request for a waiver of 
the IMBRA filing limits, a person may only petition twice for a 
noncitizen fiancï¿½(e), with not less than 2 years between the filing of 
the last approved petition and the current petition. However, USCIS 
officials told us they do not check every petitioner against their 
database to determine if the petitioner has previously filed a 
fiancï¿½(e) petition. Rather, USCIS adjudicators are generally required 
to check the database if the petitioner self-attests that he or she has 
previously filed a petition. According to USCIS, checking every name 
against their database would require a significant amount of vetting to 
try to determine if the petitioner matches any of those already in the 
database, although USCIS officials acknowledge that more refined search 
information could reduce the number of multiple hits. By limiting its 
checks to those petitioners who acknowledge prior filings, USCIS 
increases its risk that it will approve more fiancï¿½(e) petitions than 
allowed under IMBRA. USCIS's reliance on self-attestation not only 
increases the risk of USCIS approving more petitions than allowed by 
IMBRA, it also increases the risk that USCIS will not have accurate 
multiple filer information to disclose to prospective beneficiaries. 

* Under IMBRA, USCIS is required to disclose multiple filer information 
to prospective beneficiaries if the petitioner has had two or more 
fiancï¿½(e) or spousal petitions approved and files again within 10 years 
of the first filing. With respect to this disclosure requirement, USCIS 
officials told us that they attempted to notify beneficiaries as 
required. However, because of inaccurate addresses, a large number of 
notifications were returned as undeliverable. USCIS officials said they 
no longer try to notify beneficiaries directly; instead, officials told 
us they plan to ask DOS to have its consular officers notify 
beneficiaries of any previously approved petitions during the consular 
interview. At the time of our review, DOS said it had not held a 
discussion with USCIS about providing such notification. Until USCIS 
finalizes a process with DOS to share information about prior petition 
approvals, beneficiaries will not have all required information for 
making a decision about the persons petitioning on his or her behalf. 

* The requirement to provide beneficiaries with a pamphlet that 
discusses the visa application process and available resources if the 
beneficiary encounters domestic violence or abuse is not being met. 
Although the pamphlet has been drafted and solicitation for public 
comments announced in the Federal Register, USCIS has not established 
time frames for finalizing the pamphlet. Until finalized, the pamphlet 
cannot be summarized, translated into foreign languages, or distributed 
as mandated by IMBRA. According to USCIS officials, ensuring 
appropriate coordination with various USCIS and DHS components has, in 
part, led to delays in finalizing the pamphlet. However, until the 
pamphlet is finalized, translated, and distributed, USCIS increases the 
risk that beneficiaries are not being made aware of their rights or the 
resources that are available to them should they encounter domestic 
violence. 

* IMBRA establishes federal criminal and civil penalties for IMBs who 
violate its provisions. However, DOJ, USCIS, and DOS have yet to 
establish a framework for investigating, referring, and prosecuting 
potential IMB violations of IMBRA for civil or criminal enforcement, 
although the three are currently discussing these issues. While DOJ has 
drafted regulations regarding the process for assessing any civil 
penalties, DOJ cannot finalize these regulations until the agencies 
agree upon an enforcement framework, including which agencies will be 
responsible for investigating, referring, and prosecuting IMBRA cases. 
It is important that DOJ, USCIS, and DOS continue their discussions and 
collaborate to establish such an enforcement framework. Without such, 
it will be difficult for IMBRA violators to be penalized. 

USCIS is collecting and maintaining some of the data as required by 
IMBRA. However, most of the data USCIS is collecting and maintaining 
are not in a summary or reportable form, and other required data have 
not been collected. Although IMBRA calls for both USCIS and DOS to 
collect and maintain data for us to report, it primarily requires 
petition-related data. Thus, USCIS would have responsibility for 
collecting and maintaining this data which consists of 10 reportable 
data elements. Of the 10 data elements, USCIS collected and maintained 
complete data for 3 elements, partial data for 3 other elements, and no 
data for 4 elements. As a result, we could not determine certain 
things, such as the extent to which petitioners with a criminal history 
or history of violence have filed petitions or been granted waivers of 
IMBRA's multiple filing limits, because this data was not in a summary 
or reportable form. USCIS officials told us that they are considering 
modifying their data management system to collect data that are 
currently not being collected; however, no decisions have been made. 

To improve implementation of IMBRA, we are recommending that the 
Director, USCIS develop: 

* a mechanism to check all petitioners for prior K nonimmigrant filings 
in order to determine if a petitioner exceeds the filing limits 
established by IMBRA; 

* a mechanism, in consultation with the Secretary of State, to notify 
beneficiaries of the number of previously approved petitions filed by 
the petitioner; and: 

* a time frame for finalizing the information pamphlet so that it can 
be translated and distributed as required by IMBRA. 

To help ensure that penalties can be imposed on IMBRA violators as 
provided for in the law, we recommend that the Secretary of Homeland 
Security develop: 

* a framework for the investigation, referral, and prosecution of 
potential IMBRA violations in consultation with the Secretary of State 
and the Attorney General. 

We provided a draft of this report to the Secretaries of Homeland 
Security and State and to the Attorney General for comment. We received 
comments from DHS, which are reprinted in appendix II. DHS concurred 
with our recommendations, but noted that the fourth recommendation 
should be addressed to the Secretary, DHS, for action as opposed to the 
USCIS Director. We modified the recommendation accordingly. DHS and 
USCIS outlined actions they have begun to take to implement the four 
recommendations. DOS also provided technical comments, which we 
incorporated as appropriate. DOJ did not provide any comments. 

Background: 

USCIS is the agency responsible for reviewing and making decisions on 
whether to approve or deny immigration benefit applications, including 
petitions filed by U.S. citizens requesting to bring a noncitizen 
fiancï¿½(e), spouse, minor child, or other noncitizen relative to live 
permanently in the United States in accordance with the INA. Only U.S. 
citizens can request or petition for noncitizen fiancï¿½(e)s to immigrate 
to the United States. To do so, citizens must file a form I-129F, 
Petition for Alien Fiancï¿½(e), with USCIS to enable their fiancï¿½(e) to 
come to the United States as a K-1 nonimmigrant and then apply for 
permanent residence.[Footnote 8] U.S. citizens who have already married 
noncitizens living abroad may also file Form I-129F to enable their 
spouse to come to the United States on a K-3 nonimmigrant visa and then 
apply for permanent residency. The purpose of the form I-129F is to 
establish the relationship of the petitioner to the beneficiary who 
wishes to immigrate to the United States. For K-1 fiancï¿½(e) petitions, 
the petitioner must establish that the petitioner and fiancï¿½(e) are 
free to marry and that they have previously met in person within 2 
years of filing the petition.[Footnote 9] For K-3 spouse petitions, the 
petitioner must establish the bona fide marital relationship to the 
beneficiary. 

Two USCIS Service Centers, one in California and another in Vermont, 
process all I-129F petitions. As part of its I-129F petition review, 
USCIS obtains criminal history information for specified crimes from 
the petitioner and conducts background checks on both the beneficiary 
and petitioner.[Footnote 10] If the petitioner has ever been convicted 
of any of the specified crimes, the petitioner is to provide to USCIS 
certified copies of court and police records showing the charges and 
dispositions for every such conviction. USCIS conducts name-based 
background security checks--checks of a petitioner's name and date of 
birth---against the Interagency Border Inspection System (IBIS). 
[Footnote 11] According to USCIS, IBIS queries include a check of five 
National Crime Information Center (NCIC)[Footnote 12] data files, which 
include the Convicted Sexual Offender Registry; the Foreign Fugitive; 
Immigration Violator; Violent Gang and Terrorist Organization; and 
Wanted Persons files.[Footnote 13] During a background security check, 
if an IBIS query returns a "hit" where the name and date of birth 
information entered returns a response from one or more of the 
databases and it appears the petitioner may have a criminal background, 
USCIS adjudicators forward this information to the Background Check 
Unit located within the Service Center. This unit conducts further 
system searches for verification of the criminal histories. After 
researching and summarizing the criminal information on the petitioner, 
if there is no national security or criminality issue requiring further 
investigation, unit staff notate their findings in a memorandum, which 
they send back to the adjudicator responsible for the file. 

While IMBRA requires USCIS to collect petitioner criminal history 
information, we reported in 2006 that USCIS does not have general 
authority to deny a family-based petition solely on grounds that the 
petitioner has a criminal sexual history. Since we issued our report, 
Congress enacted legislation limiting a petitioner's ability to 
immigrate relatives, including fiancï¿½(e)s. The Adam Walsh Child 
Protection and Safety Act of 2006 prohibits DHS from approving any 
family-based petition, including a fiancï¿½(e) petition, for any 
petitioner convicted of a specified offense against a minor unless the 
DHS Secretary, in his sole and unreviewable discretion, determines that 
the petitioner poses no risk to the beneficiary.[Footnote 14] 

DOS is responsible for processing all approved visa petitions received 
from USCIS and for determining whether to issue a visa to beneficiaries 
who are overseas, such as fiancï¿½(e)s and K-3 spouses. Consular officers 
are responsible for reviewing (but not re-adjudicating) approved 
petitions and supporting documentation, and determining whether the 
noncitizen beneficiary meets admissibility requirements and can be 
issued a nonimmigrant visa to enter the United States. As part of this 
review, consular officers interview beneficiaries and ask questions 
about how the beneficiary and petitioner met. Figure 1 shows the key 
steps in the I-129F petition filing and visa application process, 
including filing a petition with USCIS, conducting criminal background 
checks, USCIS adjudication, and visa applicant interview by DOS. 

Figure 1: I-129F Petition Filing and Visa Application Process: 

[See PDF for image] 

This figure is an illustration of the I-129F petition filing and visa 
application process, as follows: 

Fiancï¿½(e) (Beneficiary from a foreign country); U.S. citizen 
(Petitioner): 
* File with USCIS; 
* Interagency Border Inspection System (IBIS) preliminary background 
check; 
* Criminal information, possible match:
- Background unit investigates to verify name/record match; 
- Criminal information match: information noted in file; 
* Criminal information, no match: 
- file sent to Adjudicator; 
* Adjudicator: 
- Requests information from petitioner on disposition of any 
convictions; 
- Verifies petitioner/beneficiary relationship; 
- Checks Computer Linked Application Information Management System 
(CLAIMS) for multiple visa petition filers; 
- Conducts another IBIS background check; 
* Adjudicator denies petition: 
- Denial notice sent to petitioner; or: 
* Adjudicator approves petition: 
-file sent to U.S. State Department National Visa Center; 
* Overseas consular office interviews beneficiary; any petitioner 
criminal background information disclosed. 

Source: GAO analysis of USCIS and State Department information; images 
(Art Explosion); map (Map Resources). 

[End of figure] 

IMBRA also requires IMBs to search the name of the U.S. client 
(potential petitioner) against the National Sex Offender Public 
Registry[Footnote 15] or relevant state sex offender public registries, 
and to collect background information from the U.S. client, including 
the client's marital history and arrest and conviction information for 
specified crimes, and to provide this information to the foreign client 
(potential beneficiary). IMBs may not release the foreign client's 
personal contact information to the U.S. client until the required 
disclosures have been made and the foreign client provides signed, 
written consent authorizing the IMB to release personal contact 
information to the U.S. client. IMBs are also prohibited from engaging 
in certain activities such as (1) providing personal contact 
information of a foreign client to anyone other than the U.S. client 
and (2) providing anyone with personal contact information or other 
information about individuals under the age of 18. IMBRA establishes 
federal criminal and civil penalties for IMBs that violate these 
provisions. [Footnote 16] IMBRA-related criminal cases are to be 
prosecuted by the U.S. Attorney's offices, possibly in coordination 
with the Civil Rights Division or the Child Exploitation and Obscenity 
section of the Criminal Division depending on the circumstances of the 
case. With respect to IMBRA-related civil cases, the Attorney General 
has statutory responsibility for imposing civil penalties after notice 
and the opportunity for an agency hearing.[Footnote 17] 

Within DOJ, its Executive Office for Immigration Review (EOIR) is 
responsible for interpreting and administering federal immigration laws 
and rendering adjudicatory decisions on specific immigration cases. 
Within EOIR, the Office of the Chief Administrative Hearing Officer is 
responsible for hearing civil cases related to administrative fines 
that may be imposed under the INA. For a summary of selected IMBRA 
requirements for USCIS, DOS, DOJ, and IMBs see, Appendix I. 

Agencies Have Implemented Some, Not All, IMBRA Requirements: 

USCIS, DOS, and DOJ have implemented some, but not all of the IMBRA 
requirements that are designed to inform visa applicants about the 
persons petitioning for them to immigrate to the United States. For 
example, USCIS is collecting criminal background information from 
petitioners and forwarding this information to DOS. DOS is in turn 
disclosing this information to beneficiaries when it interviews 
beneficiaries during the visa process. However, USCIS has yet to 
finalize the information pamphlet required by IMBRA that is to contain 
information about the visa process and about resources that are 
available should any beneficiary become a victim of domestic violence. 
Until the pamphlet is finalized, DOS cannot translate or distribute the 
pamphlet to beneficiaries as required by IMBRA. 

Further, IMBRA assigns responsibility to DOJ for hearing cases and 
imposing civil penalties against IMBs in violation of its provisions. 
[Footnote 18] However, DOJ, DOS, and USCIS have outstanding enforcement 
issues to resolve, such as which agencies will investigate, refer, and 
prosecute cases. Although DOJ has drafted IMBRA-related hearing 
regulations, DOJ states that these regulations cannot be finalized 
until a framework for the investigation, referral, and prosecution of 
cases is agreed upon by USCIS, DOS, and DOJ. Table 1 below summarizes 
selected IMBRA statutory requirements and actions taken by USCIS, DOS 
and DOJ to implement those requirements as of July 2008. 

Table 1: Actions Taken by Agencies to Implement Selected IMBRA 
Requirements: 

1. 
IMBRA requirement: Petition filed by petitioner to include information 
on any criminal convictions of the petitioner for any specified crimes. 
Criminal conviction information obtained from petitioner or from 
USCIS's background checks to be forwarded to DOS along with approved 
petition. DOS is to mail the beneficiary the approved petition, which 
is to include any criminal background information, at the same time as 
the visa instruction packet; 
Actions taken to implement IMBRA as of July 2008: USCIS revised its I-
129F petition to require petitioner to provide certified conviction 
information for specified crimes. USCIS issued IMBRA guidance that 
directs adjudicators to forward criminal conviction information to DOS 
along with any approved petition. DOS issued guidance requiring that 
the petitioner's criminal background information be mailed to 
beneficiaries at the same time as the visa instruction packet; 
Remaining implementation actions: DOS guidance does not require the I- 
129F petition to be mailed to beneficiaries, only the criminal 
background information. DOS informed us that it will revise its 
guidance to require consular officers to mail the I-129F petition, 
including the criminal background information, when they mail the visa 
instruction packet, as required by IMBRA. 

2. 
IMBRA requirement: USCIS to create a database to track multiple visa 
petitions filed for fiancï¿½(e)s and spouses; 
Actions taken to implement IMBRA as of July 2008: USCIS modified its 
application management system, CLAIMS,[A] to allow it to track multiple 
fiancï¿½(e) petitions; 
Remaining implementation actions: None. 

3. 
IMBRA requirement: Limits number of petitions a person may file for a 
noncitizen fiancï¿½(e) or spouse. USCIS cannot approve a petition if the 
petitioner has filed twice before or if the petitioner has filed the 
current petition less than 2 years since filing a prior approved 
petition. Allows for petitioner to request waiver of filing limits; 
Actions taken to implement IMBRA as of July 2008: USCIS modified its 
procedures to require adjudicators to check a petitioner's prior 
filings in its application management system for those petitioners who 
self-attest to having prior filings. USCIS also issued guidance for 
granting waivers of the filing limits; 
Remaining implementation actions: USCIS generally checks for filing 
limits if the petitioner self-attests to having previously filed a 
petition. At this time, process for checking all petitioners for prior 
filings yet to be implemented. 

4. 
IMBRA requirement: Upon approval of a second visa petition for a 
fiancï¿½(e) or spouse, USCIS is to notify petitioner that information 
concerning the petitioner has been entered in the multiple visa 
petition tracking database. If a twice-approved petitioner files again 
within 10 years of filing the first petition, USCIS shall notify the 
petitioner and the beneficiary about the number of previously approved 
fiancï¿½(e) or spousal petitions; 
Actions taken to implement IMBRA as of July 2008: USCIS modified I-129F 
instructions to inform petitioners that multiple filings are tracked. 
USCIS modified the petitioner approval notice to include information on 
previous approved petitions; 
Remaining implementation actions: Process for notifying beneficiaries 
of previous petitioner approvals has yet to be fully implemented. While 
DHS/USCIS is statutorily responsible for making this disclosure, and 
has attempted to fulfill its responsibilities, USCIS is seeking to 
transfer this responsibility to DOS so that its consular officers might 
make this disclosure during visa interviews with the beneficiary, as 
they do with criminal conviction disclosures. 

5. 
IMBRA requirement: During the visa interview, in the visa applicants' 
primary language, DOS shall; Disclose petitioner criminal convictions 
and any protection orders against the petitioner, and: Ask the visa 
applicant whether an IMB facilitated the relationship between the 
applicant and the U.S. petitioner, and if so, obtain the identity of 
the IMB from the applicant and confirm that the IMB provided required 
information and materials to the applicant; 
Actions taken to implement IMBRA as of July 2008: DOS issued guidance 
to its consular officers in March 2008 that covers IMBRA disclosures 
and IMB inquiries consular officers are to make during the visa 
interview; 
Remaining implementation actions: None[B]. 

6. 
IMBRA requirement: USCIS to develop an information pamphlet for K 
nonimmigrant visa applicants that discusses, among other things, the 
visa application process, domestic violence and sexual assault 
services, and beneficiary legal rights and resources. Pamphlet to be 
completed and available for distribution 120 days after enactment of 
IMBRA (i.e., by May 2006); 
Actions taken to implement IMBRA as of July 2008: USCIS has drafted the 
information pamphlet and obtained comments from DOS and DOJ. On July 
22, 2008, USCIS announced in the Federal Register that it was 
soliciting comments from the public on the draft pamphlet; 
Remaining implementation actions: USCIS has not finalized the 
information pamphlet. Once finalized, DOS is to translate the pamphlet 
into numerous foreign languages and mail it to K nonimmigrant visa 
applicants. Also, IMBs are to provide the pamphlet to their foreign 
clients in the clients' primary language. 

7. 
IMBRA requirement: Provides for federal criminal and civil penalties on 
IMBs that violate IMBRA requirements; 
Actions taken to implement IMBRA as of July 2008: DOJ drafted 
regulations for EOIR to hear IMB civil cases and to assess civil 
penalties; 
Remaining implementation actions: DOJ, DOS and DHS have yet to 
establish an enforcement framework by resolving outstanding issues 
about which agencies will investigate, refer, and prosecute IMB cases. 

Source: GAO analysis of selected IMBRA requirements and USCIS, DOS, and 
DOJ information. 

[A] Computer Linked Application Information Management System, CLAIMS, 
provides users with automated support for adjudicating cases and 
processing various notices, among other things. CLAIMS capabilities 
include case tracking, status update, notice reporting, and document 
production. 

[B] Although not statutorily required to do so, USCIS plans to amend 
its I-129F to assist DOS in ascertaining IMB compliance with IMBRA, 
according to USCIS officials. The amended form would ask those 
petitioners who acknowledged using an IMB to submit the IMB's 
certification that it made the required IMBRA disclosures to the 
beneficiary. 

[End of table] 

USCIS Obtains and Forwards to DOS Petitioner Criminal Background 
Information for Disclosure to Beneficiaries: 

To comply with IMBRA's petitioner criminal background requirements, 
USCIS revised the I-129F, Petition for Alien Fiancï¿½(e) instructions, to 
request that the petitioner provide certified criminal conviction 
information to USCIS. The petition instructions ask whether the 
petitioner has ever been convicted of any crimes as specified on the 
form and, if so, directs the petitioner to provide certified conviction 
information. USCIS does not rely solely on the petitioner to 
acknowledge if he or she has a criminal history. As part of the 
adjudication process, USCIS conducts security checks on all 
petitioners.[Footnote 19] If relevant criminal history--such as 
information on domestic violence, sexual assault, child abuse, or 
homicide that was not otherwise disclosed by the petitioner--is 
uncovered during the security check, USCIS is to request the petitioner 
to submit certified criminal conviction information before continuing 
with the adjudication of the case.[Footnote 20] If the petitioner does 
not respond to the request to provide additional information, the case 
is to be denied for failure to respond. 

IMBRA requires that USCIS forward the petitioner's criminal background 
information to DOS. DOS in turn, is required to mail the petition, 
including any criminal background information, to the beneficiary at 
the same time as it mails the visa instruction packet. USCIS issued 
IMBRA implementation guidance in July 2006 to its adjudicators 
directing them to include the criminal background information in the 
file sent to DOS. USCIS officials from both the California and Vermont 
Service Centers told us that criminal background information is being 
forwarded to DOS for disclosure to the beneficiary and as discussed 
later in this report DOS consular officers are receiving this 
information. DOS also issued IMBRA implementation guidance to its 
consular officers. DOS's guidance states that consular officers are to 
disclose criminal history information to beneficiaries on two separate 
occasions: (1) when the visa application instructions are mailed to the 
beneficiary and (2) during the consular interview (which we will 
discuss later in this report). Although DOS's guidance does provide for 
the mailing of criminal history information to beneficiaries, the 
guidance does not specifically require DOS to mail beneficiaries a copy 
of the approved I-129F petitions, as required by IMBRA. The I-129F 
petitions require petitioners to disclose additional information beyond 
criminal background information, such as their marital status and the 
number of prior I-129F petitions filed, approved or denied. Thus, not 
mailing the petitions themselves could prevent beneficiaries from 
obtaining relevant non-criminal information about their petitioners 
that could affect their immigration decision. During the course of this 
review, DOS informed us that it will revise its guidance to require the 
I-129F petition itself to be mailed to beneficiaries when it mails the 
visa instruction packet. 

USCIS Has Modified Its Current Application Management System to Track 
Multiple Filers: 

To track petitioners who have filed and had two or more fiancï¿½(e) or 
spousal petitions approved, IMBRA requires that USCIS create a multiple 
visa petition tracking database. USCIS officials told us that they have 
not created a separate database to track multiple visa petition filers. 
According to USCIS officials, they have addressed the requirement to 
develop a multiple visa petition tracking database by modifying its 
application management system, called CLAIMS, to enable adjudicators to 
notate and track the specific number of fiancï¿½(e) and spousal petitions 
filed and approved for a particular petitioner. USCIS adjudicators use 
this information to determine if IMBRA-established filing limits have 
been exceeded. If exceeded, adjudicators are to check to see if the 
petitioner requested a waiver of the filing limits. The form I-129F 
instructions inform the petitioner of the filing limits and the need to 
request a waiver if the filing limits have been exceeded. 

USCIS Does Not Uniformly Determine Whether Petitioners Have Exceeded 
IMBRA's Filing Limitations: 

IMBRA limits the number of fiancï¿½(e) petitions a person may file unless 
the petitioner requests and is granted a waiver of the filing limits by 
USCIS.[Footnote 21] USCIS officials told us that they do not check 
every petitioner against USCIS's application management information 
system, called CLAIMS, to determine if the petitioner has previously 
filed a fiancï¿½(e) petition. The I-129F, Petition for Alien Fiancï¿½(e) 
form asks whether the petitioner has ever previously filed for this or 
any other noncitizen fiancï¿½(e) or husband/wife. According to USCIS 
officials, if the petitioner answers "yes," adjudicators are to 
initiate a check against CLAIMS to determine whether the petitioner had 
prior filings. If the petitioner answers "no," adjudicators are not 
required to initiate a check for multiple petition filings. According 
to an adjudication officer, although USCIS procedures do not require 
adjudicators to check every petitioner against CLAIMS, adjudicators may 
initiate a check if other case information alerts the adjudicator that 
the petitioner may have previously filed. 

USCIS officials told us that checking petitioners' names against CLAIMS 
may result in multiple "hits" on people with names similar to or the 
same as the petitioner's. According to USCIS, checking every name 
against CLAIMS would require a significant amount of review and 
research to try and determine if the petitioner is a match to any of 
those already in CLAIMS. However, USCIS officials did acknowledge that 
a more refined search using the petitioner's name and another piece of 
identifying information, such as the petitioner's date of birth, could 
reduce the multiple hits and therefore reduce the number of petitioners 
who would require additional research. 

As shown in Table 1, USCIS adjudicators are to routinely check CLAIMS 
if the petitioner self-attests that he or she has previously filed a 
petition. Nevertheless, relying on petitioners' self-attestation to 
identify previous filers may not always provide accurate results, 
regardless of whether petitioners must certify the truthfulness of 
their form I-129F attestations under penalty of perjury. For example, 
in March 2006, we reported that evidence suggested that immigration 
benefit fraud was an ongoing and serious problem, although the full 
extent was not known.[Footnote 22] As a result, by limiting USCIS 
checks to those petitioners that acknowledge prior filings, USCIS 
increases its risk that it will approve more fiancï¿½(e) petitions than 
allowed under IMBRA, including petitions filed by persons with a record 
of violent criminal offenses, who are not entitled to a waiver of 
IMBRA's filing limits except in extraordinary circumstances. USCIS's 
reliance on self-attestation also increases the risk that USCIS will 
not have accurate multiple filer information to disclose to prospective 
beneficiaries. USCIS has reported working to develop system 
enhancements that will facilitate accurate systems checks, but has not 
specifically stated whether these enhancements will enable it to check 
filing limits for all petitioners, consistent with IMBRA. 

Petitioners, but Not Beneficiaries, Are Notified of Prior Petition 
Approvals: 

IMBRA also mandates that USCIS notify petitioners, upon approval of a 
second visa petition, that their filing information is being tracked. 
In addition, after a second approval, upon filing of a third petition 
within 10 years of the first filing, USCIS is to notify both the 
petitioner and beneficiary of the number of previously approved 
petitions filed by the petitioner. The instructions to the form I-129F 
inform the petitioner of the circumstances under which repeat filings 
will be tracked. USCIS officials told us that the filing instructions 
to form I-129F are the mechanism by which petitioners are informed that 
multiple filings will be tracked. If USCIS determines a petitioner to 
be a multiple filer, but approves the petition under its waiver 
authority, the approval notice will indicate whether the approval is 
the 2nd, 3rd, 4th, etc. 

Under IMBRA, USCIS is responsible for notifying beneficiaries of prior 
petition approvals, in contrast with the disclosure of criminal 
conviction information, which is to be made by DOS. USCIS officials 
told us that initially they attempted to notify beneficiaries, as 
required. However, USCIS no longer tries to notify beneficiaries 
because of the reported difficulty in obtaining accurate overseas 
mailing addresses. Because of inaccurate addresses, USCIS officials 
stated that a large number of notifications were returned as 
undeliverable. Because of the difficulties reported with overseas mail 
and the amount of undeliverable mail the USCIS received, USCIS 
officials told us they plan to discuss a process with DOS to have its 
consular officers assume this notification responsibility and notify 
beneficiaries of prior petition approvals during the consular 
interview, as consular officers do with criminal conviction 
information. At the time of our review, DOS officials said they had not 
held a discussion with USCIS about providing such notification. 
According to USCIS officials, USCIS has drafted a memo to its 
adjudicators addressing the planned notification process. However, in 
the absence of an agreement with DOS to undertake this notification 
responsibility, beneficiaries are not currently being notified about 
the number of previously approved fiancï¿½(e) or spousal petitions, as 
required by IMBRA. 

Most DOS Consular Officers We Contacted Said They Are Disclosing 
Criminal Background Information to Beneficiaries, but Inquiries about 
Use of IMBs Are Not Always Made: 

Once USCIS forwards the petitioner's criminal conviction information to 
DOS, IMBRA requires that DOS disclose this criminal background 
information and information regarding any protection orders[Footnote 
23] related to the petitioner to the beneficiary. In addition to 
disclosing this information by mail as discussed above, DOS is to 
provide this information to the beneficiary, in the beneficiary's 
primary language, during the visa application interview. Officials from 
six of the seven consular posts we contacted told us that they were 
disclosing this information to the beneficiaries in either the 
beneficiary's primary language or a language common to the consular 
officer and the beneficiary if translation services into the 
beneficiary's primary language were unavailable. An official from the 
remaining post told us that consular officers at her post had not been 
disclosing a petitioner's criminal history to beneficiaries, but based 
upon our inquiry, she now planned to have consular officers begin 
disclosing criminal history information to beneficiaries. At the time 
of our interviews with consular officials during February 2008, DOS had 
not yet issued formal guidance to its consular posts regarding 
implementation of IMBRA. In March 2008, DOS issued guidance to its 
posts on implementation of IMBRA including the need to disclose 
petitioner criminal conviction information for certain offenses and 
information related to any protection orders related to the petitioner. 
The guidance also states that after providing any related criminal 
history information, consular officers should give the applicant time 
to decide if he or she still wishes to proceed with the visa 
application process. 

In addition to disclosing petitioner criminal background information to 
the visa applicant during the consular interview, IMBRA mandates that 
DOS ask beneficiaries if an IMB facilitated the relationship between 
the petitioner and beneficiary. If so, DOS is to obtain the IMB's name 
from the beneficiary and confirm whether the IMB gave the beneficiary 
all the information required by IMBRA, such as the petitioner's 
marital, criminal, and protection order history. Officials from four of 
the seven consular posts we contacted told us that their officers had 
not been inquiring about whether services of an IMB were used. 
Officials from two posts told us their consular staff asked questions 
about how the petitioner and beneficiary met, but not specifically 
whether the services of an IMB were used. An official from one post 
stated that the post's consular staff asked questions about how the 
petitioner and beneficiary met as well as whether or not the services 
of an IMB were used. Issued after our interviews, DOS's March 2008 
guidance to consular posts states that consular officers should ask the 
beneficiary the questions mandated by IMBRA, including whether an IMB 
facilitated the relationship, what the IMB's name was, and whether the 
IMB provided the information required by IMBRA. To assist in this 
effort, USCIS officials told us that they plan to amend the I-129F form 
to ask those petitioners who acknowledged using an IMB to submit the 
IMB's certification that it made the required IMBRA disclosures to the 
beneficiary. 

Consular officers from six of seven offices told us that they have 
encountered relatively few cases where the petitioner had a criminal 
history. For example, officials from one consular post that processed 
over 11,000 K-1 and K-3 visa applications in 2007, told us that the 
post encounters about 20 applications per year (about 0.2 percent) 
where the petitioner had a criminal history involving violent IMBRA- 
specified offenses. Officials from two of the seven offices told us 
that they could not recall any fiancï¿½(e) visa applicants that 
acknowledged using an IMB. However, officials from another consular 
post stated that they conducted a survey which indicated that about 12 
percent of their fiancï¿½(e) visa applicants used the services of an IMB. 

USCIS Has Not Finalized the Information Pamphlet Designed to Inform 
Beneficiaries about Their Legal Rights and Resources: 

IMBRA requires that USCIS, in consultation with DOS and DOJ, develop an 
information pamphlet for beneficiaries to include information on the 
visa application process; the illegality of domestic violence, sexual 
assault, and child abuse in the U.S.; the legal rights of immigrant 
victims and the resource services available to them; child support; 
marriage fraud; a warning that some U.S. citizens with a history of 
violence may not have a criminal record; and information on 
requirements for IMBs under IMBRA. Once finalized, DOS is to translate 
the pamphlet into at least 14 foreign languages,[Footnote 24] and every 
2 years, USCIS, in consultation with DOJ and DOS, shall determine at 
least 14 language translations for the pamphlet based on the languages 
spoken by the greatest concentrations of K nonimmigrant visa 
applicants. Beneficiaries must receive the pamphlet from consular 
officers during visa interviews and from USCIS adjudicators during 
adjustment interviews [Footnote 25] and IMBs must provide the pamphlet 
to their foreign clients. In addition, the pamphlet is to be posted on 
DHS, DOS, and consular post Web sites. Further, USCIS is to develop 
summaries of the pamphlet to be discussed with beneficiaries in their 
primary languages during consular or adjustment interviews. The 
pamphlet was to have been available for distribution by May 2006. 

As of July 2008, USCIS has yet to finalize the information pamphlet. 
According to USCIS officials, the time needed to coordinate with 
various USCIS and DHS components is one reason for delay in finalizing 
the pamphlet. In April 2008, USCIS officials told us that the draft 
pamphlet had been forwarded to DHS' Office of General Counsel and the 
Office of Management and Budget (OMB) for review. The pamphlet was 
under review through June of 2008. IMBRA also requires that USCIS 
consult with nongovernmental entities with expertise in areas such as 
the legal rights of immigrant victims of battery and extreme cruelty in 
developing the pamphlet. On July 14, USCIS signed the Federal Register 
notice seeking public comments on the pamphlet. On July 22, the Federal 
Register notice and pamphlet were published and USCIS intends to 
utilize the 60-day public comment period to provide the public, 
including any interested nongovernmental organizations, an opportunity 
to comment on the draft pamphlet before USCIS finalizes the pamphlet 
for distribution and publication.[Footnote 26] USCIS officials told us 
they did not know when the pamphlet would be finalized, nor did they 
have a specific time frame for finalizing the pamphlet. Figure 2 below 
shows a timeline which illustrates key steps in the development of the 
information pamphlet. 

Figure 2: Timeline Showing Key Steps in the Development of the 
Information Pamphlet: 

[See PDF for image] 

This figure is an illustration of a timeline showing key steps in the 
development of the information pamphlet, as follows: 

January 5, 2005: IMBRA enacted; 
May 5, 2005: Pamphlet mandated for distribution (120 days after law 
enactment); 
Mid-year, 2005: Regulations and Product Management (RPM) tasked to work 
on pamphlet; 
November 2005: 
* Draft of pamphlet completed by RPM; 
* Pamphlet review by various USCIS offices begins; 
March 2007: Pamphlet review by various USCIS offices completed; 
March 19, 2007: Draft pamphlet provided to DOS for comment; 
March 27, 2007: DOS submitted comments to USCIS; 
May 30, 2007: DOS resubmitted comments at USCIS request; 
Mid-February, 2008: DHS requested DOS (2nd round) and DOJ to comment on 
pamphlet; 
Late-February, 2008: DOJ submitted comments on pamphlet to DHS/USCIS; 
March 2008: DOS and DOJ submit comments to DHS; 
April/May/June 2008: Pamphlet reviewed by DHSï¿½s OGC and OMB; 
July 2008: Pamphlet published in Federal Register. USCIS announces 60-
day public comment period; 
To be determined: Issuance of pamphlet. 

Source: GAO analysis of IMBRA legislation and USCIS, DOS, and DOJ 
information. 

[End of figure] 

Since USCIS has not finalized the information pamphlet, DOS has been 
unable to translate it. DOS officials told us that once they receive 
the finalized pamphlet, the translations would be done expeditiously. 
Until the pamphlet is finalized, translated, and distributed USCIS 
increases the risk that beneficiaries are not being made aware of their 
rights or the resources that are available should they encounter 
domestic violence. 

Framework for the Investigation, Referral, and Prosecution of IMBRA 
Violators Still under Development: 

As discussed earlier in this report, IMBRA establishes federal civil 
and criminal penalties for IMBs who violate its provisions. However, 
USCIS, DOS and DOJ officials told us that there was no framework in 
place for enforcing the provisions related to potential IMBRA 
violations by IMBs. DOJ and DOS officials told us that the agencies are 
discussing these issues, but they could not tell us when a framework 
would be in place. DOJ officials told us that the Office of the Chief 
Administrative Hearing Officer, within DOJ's Executive Office for 
Immigration Review (EOIR), would likely hear civil cases under IMBRA, 
just as it hears civil cases under the INA. The Chief Administrative 
Hearing Officer within EOIR had drafted IMBRA-related regulations 
regarding how civil penalties would be administered, but these 
regulations cannot be finalized until the agencies decide who will be 
responsible for investigating, referring, and ultimately prosecuting 
potential violations at a hearing before DOJ's Chief Administrative 
Hearing Officer. DOJ officials stated that since IMBRA has been 
enacted, there have been no civil or criminal cases brought against 
IMBs. Without a framework for enforcement of the IMBRA provisions, it 
will be difficult for IMBRA violators to be prosecuted and assessed 
applicable penalties. 

Most of the USCIS Data Required for GAO Study Are Not in a Summary or 
Reportable Form; Other Required Data Are Not Collected: 

As part of our study on the impact of IMBRA on the K nonimmigrant visa 
process, IMBRA mandated that USCIS and DOS collect and maintain 
specific data for us to report. This required data included changes in 
the number of fiancï¿½(e) petitions filed and the extent to which 
petitioners had one or more criminal convictions or a history of 
violence, including how many of those petitioners had used services of 
an IMB or had been granted a waiver of IMBRA's filing limits. Although 
IMBRA mandated that USCIS and DOS collect and maintain the data 
necessary for us to conduct such a study, the data we are requested to 
report on are essentially petition-driven data for which USCIS would 
have responsibility to collect and maintain. While USCIS has collected 
some data necessary for this study, most of the data IMBRA calls for us 
to report are not available in a summary or reportable format. For 
example, USCIS provided us with data on the number of fiancï¿½(e) 
petitions filed in the past three fiscal years. However, data on which 
petitioners had criminal convictions or a history of violence were not 
available in a summary or reportable format. That is, although the I- 
129F petition asks the petitioner to list specified criminal 
convictions, USCIS does not capture this data electronically. 

Table 2 lists the petition-related data elements that IMBRA requires 
GAO to report on and whether the data were available in a summary or 
reportable format. 

Table 2: Summary Table of Data GAO Mandated to Report: 

1. 
Information required to be collected and maintained under IMBRA: 
Petitions filed for K nonimmigrant visas; 
Were data available in a summary or reportable format?: Yes. 

2. 
Information required to be collected and maintained under IMBRA: 
Petitions denied due to multiple filing limitations; 
Were data available in a summary or reportable format?: Partially. 
Approval and denial data were compiled; however reason for denial was 
not compiled. 

3. 
Information required to be collected and maintained under IMBRA: Filing 
limitation waivers filed, approved, denied, and reason why waiver 
approved or denied; 
Were data available in a summary or reportable format?: Partially. 
Number of waivers approved and denied available, but not reason why 
waiver approved or denied. 

4. 
Information required to be collected and maintained under IMBRA: K 
nonimmigrant fiancï¿½(e), spouse, or family-based immigration petitions 
filed by prior filers (2 or more filings); 
Were data available in a summary or reportable format?: Yes. 

5. 
Information required to be collected and maintained under IMBRA: K 
nonimmigrant fiancï¿½(e), spouse, or family-based immigration petitions 
filed by concurrent filers (2 or more filings); 
Were data available in a summary or reportable format?: Yes. 

6. 
Information required to be collected and maintained under IMBRA: Annual 
and cumulative number of petitioners and applicants tracked in the 
multiple filing database; 
Were data available in a summary or reportable format?: Partially. 
Annual number of petitioners who have filed previously was available, 
but not cumulative number of multiple filers. 

7. 
Information required to be collected and maintained under IMBRA: 
Petitions forwarded to DOS where petitioner had 1 or more criminal 
convictions; 
Were data available in a summary or reportable format?: No. 

8. 
Information required to be collected and maintained under IMBRA: 
Petitioners with one or more convictions who were granted or denied 
waivers of multiple filing limits; 
Were data available in a summary or reportable format?: No. 

9. 
Information required to be collected and maintained under IMBRA: 
Persons with a history of violence who are using the K nonimmigrant 
visa process; 
Were data available in a summary or reportable format?: No. 

10. 
Information required to be collected and maintained under IMBRA: 
Persons with a history of violence who are using the services of an 
IMB; 
Were data available in a summary or reportable format?: No. 

Source: GAO analysis of IMBRA data requirements and USCIS information. 

[End of table] 

Available USCIS data shows that the number of I-129F petitions filed 
since IMBRA was passed declined slightly from about 66,200 in fiscal 
year 2006 to about 62,500 in fiscal year 2007. The approval rate for 
fiancï¿½(e) petitions decreased slightly from about 86 percent to about 
81 percent over the same time period. In fiscal year 2007, of the 
approximately 62,500 petitions filed, 309 (less than 1 percent) 
petitioners applied for a waiver of the filing limitations through the 
service centers.[Footnote 27] USCIS service centers approved 308 waiver 
applications and denied one; however, the reasons for the approval and 
denial decisions are unknown since USCIS does not currently maintain 
such data. In fiscal year 2007, the California Service Center reported 
1,529 petitions filed by people who had previously filed.[Footnote 28] 
During that same period, USCIS service centers reported 176 petitions 
filed by concurrent filers. 

USCIS officials told us that for the data elements currently not 
available in summary or reportable format they are actively seeking to 
modify the CLAIMS application management system to capture this data. 
These modifications would include, for example, creating new data 
fields in CLAIMS to (1) capture the reason a petition is denied or 
granted a waiver, such as whether USCIS denied a petition based on 
filing limitations, and (2) identify those petitioners that had a 
criminal conviction or a history of violence. USCIS officials told us 
that they were in the process of developing a business case to modify 
CLAIMS for USCIS senior management review. If USCIS senior management 
approves the business case, then the changes to CLAIMS would be made. 
USCIS officials were unable to provide a time frame for when the review 
of the business case would be completed and, if approved, when the 
changes to CLAIMS would be made. 

Conclusions: 

The purpose of IMBRA is to address issues of domestic violence and 
abuse against beneficiaries by petitioners, including those who met 
their foreign-born spouses through an international marriage broker. 
While DHS/USCIS, DOS, and DOJ have taken some steps to implement IMBRA, 
certain IMBRA requirements have yet to be fully implemented, increasing 
the risk that beneficiaries are not fully aware of their petitioner's 
background or their rights. DOS's current procedures do not provide for 
mailing the approved I-129F petitions to beneficiaries. During the 
course of this review, DOS informed us that it will revise its guidance 
to require the I-129F petition to be mailed to beneficiaries when it 
mails the visa instruction packet. USCIS's current procedures do not 
ensure that all petitioners are within IMBRA's multiple filing 
limitations because USCIS does not check all petitioners for prior 
filings. Beneficiaries are not being notified of the number of 
previously approved petitions filed by their petitioner as required by 
IMBRA. Without developing a mechanism to check all petitioners for 
prior filings nor a mechanism for sharing information with 
beneficiaries about the number of previously approved petitions filed 
by their petitioner, beneficiaries may not have all the information 
they need to make an informed decision about whether to immigrate to 
the United States. Until the information pamphlet is finalized, 
translated and distributed, USCIS increases the risk that beneficiaries 
are not being made aware of their rights or the resources that are 
available should they encounter domestic violence. Without a legal 
framework for enforcing IMBRA's provisions, it will be difficult for 
IMBRA violators to be prosecuted and assessed applicable penalties. 

We could not determine the reason a petitioner was denied or granted a 
waiver or the extent to which petitioners with a criminal history or 
history of violence have filed K nonimmigrant petitions, including how 
many of those petitioners used the services or an IMB or received 
waivers of IMBRA's filing limits, because USCIS did not collect and 
maintain this data in a summary or reportable format for this study. 
Should USCIS modify its CLAIMS system to capture this data, USCIS may 
be able to report this information in the future. 

Recommendations: 

To improve implementation of IMBRA and to help ensure that 
beneficiaries receive all IMBRA-required information, we recommend that 
the Director, USCIS: 

* Develop a mechanism to check all petitioners for prior filings to 
determine if a petitioner exceeds the filing limits established by 
IMBRA. 

* Develop a mechanism, in consultation with the Secretary of State, to 
implement the IMBRA requirement that beneficiaries be notified 
regarding the number of previously approved petitions filed by the 
petitioner. 

* Develop a timeframe for finalizing the information pamphlet so that 
it can be translated and distributed as required by IMBRA. 

In order to help ensure that penalties can be imposed on IMBRA 
violators as provided for in the law, we recommend that the Secretary 
of Homeland Security: 

* In consultation with the Secretary of State and the Attorney General, 
develop a framework for the investigation, referral, and prosecution of 
potential IMB violations of IMBRA. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to the Secretaries of Homeland 
Security and State and the Attorney General for review and comment. We 
received comments from DHS that are reprinted in appendix II. DHS 
concurred with our recommendations and outlined actions that USCIS and 
DHS are undertaking to address them. DOS provided technical comments, 
which we have incorporated into the report as appropriate. DOJ did not 
provide comments. 

In its comments, DHS stated that USCIS is actively seeking to modify 
the CLAIMS database in order to provide an automated solution for 
identifying multiple filers. Additionally, USCIS is in the process of 
refining the search criteria to reduce multiple matches on people with 
common last names. DHS also stated that USCIS was actively working with 
DOS to ensure that DOS is aware of USCIS annotations on the I-129F 
petitions indicating multiple filings so that DOS can inform its 
consular officers to notify beneficiaries of the number of previously 
approved petitions filed by the petitioner. Further, DHS stated that 
USCIS has taken a major step toward meeting the report's recommendation 
to finalize the IMBRA-required information pamphlet by seeking public 
comment on the draft pamphlet through the publishing of the Federal 
Register notice and pamphlet on July 22, 2008. Lastly, DHS stated that 
it plans to consult with the departments of State and Justice to 
implement the necessary framework for the investigation, referral, and 
prosecution of potential IMBRA violations and that work towards 
implementing this recommendation is under way. We agree that these 
actions should help improve the implementation of IMBRA and help ensure 
that beneficiaries receive all IMBRA-required information as well as 
provide for the imposition of penalties on IMBRA violators as provided 
for in the law. 

We are sending copies of this report to the Secretaries of Homeland 
Security and State and the Attorney General. We will send copies to 
other interested parties and make copies available to others who 
request them. In addition, the report will be available at no charge on 
GAO's Web site at [hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-8777 or at [email protected]. Contact points for 
our Office of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix III. 

Signed by: 

Richard M. Stana: 
Director, Homeland Security and Justice Issues: 

[End of section] 

Appendix I: Summary of Selected IMBRA Requirements for USCIS, DOS, DOJ, 
and IMBs: 

IMBRA Section: 832; 
Action Item: Multiple filer database; 
Responsible Entity: USCIS; 
Statutory Requirement: Create a database to track multiple visa 
petitions filed for fiancï¿½(e)s and spouses. 

IMBRA Section: 832; 
Action Item: Multiple filer notification to Petitioner and Beneficiary; 
Responsible Entity: USCIS; 
Statutory Requirement: Upon approval of 2nd visa petition for a 
fiancï¿½(e) or spouse, notify petitioner that multiple filings are being 
tracked; after 2nd petition approval, if another is filed within 10 
years of first, notify petitioner and beneficiary of number of previous 
approvals. 

IMBRA Section: 832; 
Action Item: Petitioner Criminal History/Collection; 
Responsible Entity: USCIS; 
Statutory Requirement: Obtain petitioner's criminal history 
information. 

IMBRA Section: 833; 
Action Item: Petitioner Criminal History/Disclosure by Mail; 
Responsible Entity: USCIS/DOS; 
Statutory Requirement: USCIS is to provide a copy of the petition and 
any petitioner criminal background information to DOS, which must mail 
such documentation to the beneficiary, along with other materials such 
as the domestic violence information pamphlet. 

IMBRA Section: 833; 
Action Item: Visa Interviews and Disclosures; 
Responsible Entity: DOS; Statutory Requirement: During the visa 
interview, DOS is to: 
- Share petitioner's criminal background information with the visa 
applicant (beneficiary) in his/her primary language. DOS may not 
disclose a victim's name or contact information, but shall disclose the 
relationship of the victim to the petitioner. DOS shall inform the visa 
applicant that criminal background information is based on the 
available records and may not be complete; 
- Provide visa applicant a copy of the domestic violence information 
pamphlet and an oral summary in the applicant's primary language; 
- Ask visa applicant, in the applicant's primary language, whether an 
international marriage broker facilitated the relationship between the 
applicant and the U.S. petitioner, and if so, obtain the identity of 
the IMB from the applicant and confirm that the IMB provided the 
applicant required information and materials. 

IMBRA Section: 833; 
Action Item: Development of Information Pamphlet and Pamphlet 
summaries; 
Responsible Entity: USCIS; 
Statutory Requirement: Develop information pamphlet and pamphlet 
summaries for K nonimmigrants on domestic violence rights and 
resources, in consultation with DOS and DOJ. 

IMBRA Section: 833; 
Action Item: Translation of Information Pamphlet; 
Responsible Entity: DOS; 
Statutory Requirement: Translate information pamphlet into at least 14 
foreign languages specified by IMBRA. Every 2 years, translate pamphlet 
into at least 14 more languages, as specified by USCIS in consultation 
with DOS and DOJ. 

IMBRA Section: 833; 
Action Item: Dissemination of Information Pamphlet; 
Responsible Entity: USCIS/DOS/IMB; 
Statutory Requirement: IMBRA specifies four methods of disseminating 
the information pamphlet: 
- By mail: DOS to mail pamphlet to visa applicant when it mails the 
visa instruction packet and a copy of the petition (including any 
criminal history information). Pamphlet shall be in the primary 
language of the applicant or in English if no translation is available; 
- During interview: USCIS and DOS to distribute information pamphlet to 
beneficiary at any USCIS adjustment interview or DOS visa interview. At 
the respective interview, USCIS and DOS officers must also review 
pamphlet summary with the applicant in his/her primary language; 
- On the web: DHS, DOS and its consular offices must post pamphlet on 
their websites; 
- By the IMB: IMBs are to provide the pamphlet to their foreign clients 
in the clients' primary language. 

IMBRA Section: 833; 
Action Item: Enforcement; 
Responsible Entity: DOJ; 
Statutory Requirement: Impose federal civil penalties associated with 
IMB violations of IMBRA. 

IMBRA Section: 833; 
Action Item: Prohibition on Marketing of Children; 
Responsible Entity: IMB; 
Statutory Requirement: IMBs cannot provide any individual or entity 
with the personal contact information, photograph, or general 
information about the background or interests of any individual under 
the age of 18. 

IMBRA Section: 833; 
Action Item: Collection of Background Information; 
Responsible Entity: IMB; 
Statutory Requirement: Search the National Sex Offender Registry or 
State sex offender public registry; collect background information 
about the U.S. client such as U.S. client's marital and criminal 
history, including protection orders or restraining orders. 

IMBRA Section: 833; 
Action Item: Informed Consent; 
Responsible Entity: IMB; 
Statutory Requirement: Before providing U.S. client or his/her 
representative with the personal contact information of any foreign 
client, IMB must collect the U.S. client's sex offender registry and 
background information, share such information with the foreign client, 
and obtain the foreign client's signed, written consent to share his/ 
her personal contact information with the U.S. client. 

IMBRA Section: 833; 
Action Item: Disclosure/Confidentiality; 
Responsible Entity: IMB; 
Statutory Requirement: IMBs shall not provide the foreign national 
client's personal contact information to any person or entity other 
than a United States client; IMBs shall not disclose to the beneficiary 
the name or location of any victim of the U.S. client, but shall 
disclose the relationship between the U.S. client and the victim. 

Source: GAO summary of selected IMBRA requirements. 

[End of table] 

[End of section] 

Appendix II: Comments from U.S. Department of Homeland Security: 

U.S. Department of Homeland Security: 
Washington, DC 20528: 
[hyperlink, http://www.dhs.gov]: 

July 31, 2008: 

Mr. Richard M. Stana: 
Director: 
Homeland Security and Justice: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Mr. Stana: 

Thank you for the opportunity to review and comment on the Government 
Accountability Office's (GAO's) draft report GAO-08-862 entitled 
International Marriage Broker Regulation Act Of 2005: Agencies Have 
Implemented Some, but Not all of the Act's Requirements. 

To improve implementation of the International Marriage Broker 
Regulation Act (IMBRA) and to help ensure that beneficiaries receive 
all IMBRA-required information and that penalties can be imposed on 
IMBRA violators as provided for in the law, GAO recommends that the 
Director, USCIS take four actions. The Department's response to the 
recommendations follows but we note that Recommendation 4 should be 
addressed to the Secretary for action as opposed to the USCIS Director. 

Recommendation 1: Develop a mechanism to check all petitioners for 
prior filings to determine if a petitioner exceeds the filing limits 
established by IMBRA. 

Response: Concur. USCIS is actively seeking to modify the CLAIMS 
database in order to provide an automated solution for identifying all 
multiple filers. USCIS is in the process of refining the search 
criteria to reduce multiple matches on people with common last names. 

Recommendation 2: Develop a mechanism, in consultation with the 
Secretary of State, to implement the IMBRA requirement that 
beneficiaries be notified regarding the number of previously approved 
petitions filed by the petitioner. 

Response: Concur. USCIS currently annotates the approved I-129F 
petition to indicate multiple filings to enable Department of State 
(DOS) consular officers to notify the beneficiary during the visa 
interview. USCIS is actively working with DOS to ensure their consular 
officers are aware of this and incorporate it into their standard 
operating procedures. 

Recommendation 3: Develop a timeframe for finalizing the information 
pamphlet so that it can be translated and distributed as required by 
IMBRA. 

Response: Concur. USCIS is pleased to report that on July 15, 2008, 
Acting Director Scharfen signed the Federal Register (FR) notice 
seeking public comments on the IMBRA pamphlet. USCIS forwarded the FR 
notice and the pamphlet to the Federal Register and it was published on 
July 22, 2008. 

Publishing the FR notice and the pamphlet completes a major step in the 
process for finalizing the IMBRA pamphlet. 

Recommendation 4: In consultation with the Secretary of State and the 
Attorney General, develop a framework for the investigation, referral, 
and prosecution of potential IMB violations of IMBRA. 

Response: Concur. The Department will consult with the Departments of 
State and Justice to develop the necessary framework for the 
investigation, referral, and prosecution of potential IMBRA violations. 
In fact, work to implement this recommendation is underway. 

Thank you for the opportunity to comment on this draft report and we 
look forward to working with you on future homeland security issues. 

Sincerely, 

Signed by: 

Jerald E. Levine: 
Director: 
Departmental GAO/OIG Liaison Office: 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Richard M. Stana, (202) 512-8777 or [email protected]: 

Staff Acknowledgments: 

In addition to the contact named above, Michael Dino, Assistant 
Director, and Carla Brown, Analyst-in-Charge, managed this assignment. 
Lemuel Jackson and James Russell made significant contributions to the 
work. Stanley Kostyla and James Ungvarsky assisted with design, 
methodology and data analysis. Adam Vogt provided assistance in report 
preparation; Christine Davis and Willie Commons III provided legal 
support; Karen Burke and Tina Cheng developed the report's graphics. 

[End of section] 

Footnotes: 

[1] We previously reported that in fiscal year 2005, 420 family-based 
petitions were filed by convicted sex offenders. Ninety-one of those 
petitions were filed for noncitizen fiancï¿½(e)s. Sex offender crimes 
included sexual assault and rape. See GAO, Immigration Benefits: 
Circumstances under Which Petitioners' Sex Offenses May Be Disclosed to 
Beneficiaries. [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-
735] (Washington, D.C.: June 14, 2006). 

[2] IMBRA was enacted on January 5, 2006 as part of the Violence 
Against Women and Department of Justice Reauthorization Act of 2005, 
Pub. L. No. 109-162, 119 Stat. 2960 (2006). The statute's IMBRA 
provisions are set forth in sections 831 through 834, and IMBRA 
citations in this report will identify the appropriate section. 

[3] IMBRA generally defines an IMB as a for-profit entity whose 
principal business is to charge fees for providing dating, matrimonial, 
matchmaking services, or social referrals between U.S. and foreign 
national clients by providing personal contact information or otherwise 
facilitating communication between U.S. and foreign national clients. 
See IMBRA ï¿½ 833(e)(4). 

[4] Because USCIS is the DHS component generally responsible for 
carrying out the requirements discussed in this report, our report will 
generally refer to USCIS rather than DHS, unless otherwise appropriate. 

[5] IMBRA requires the Comptroller General to conduct a study on the 
impact of sections 832 and 833 of IMBRA on the K nonimmigrant visa 
process. K nonimmigrant visa applicants are a class defined by 
subparagraph (K) of section 101(a)(15) of the Immigration and 
Nationality Act to include noncitizen fiancï¿½(e)s or spouses of U.S. 
citizens, or their minor children. Most K nonimmigrant visa applicants 
are fiancï¿½(e)s. Our report focuses on the fiancï¿½(e)s; however, spouses 
and minor children will be mentioned where appropriate. 

[6] Pub. L. No. 109-248, 120 Stat. 587 (2006). 

[7] Adjudicators determine eligibility for various types of immigration 
benefits, including permission for relatives to immigrate and 
permission to become U.S. citizens, among other benefits. 

[8] The K nonimmigrant visa process allows U.S. citizens to petition 
for a fiancï¿½(e), spouse or their minor children to enter the United 
States as nonimmigrants and then apply for immigrant status while in 
this country. A K-1 visa is for a fiancï¿½(e); a K-2 visa is for a 
fiancï¿½(e)'s minor child; a K-3 visa is for a spouse; and a K-4 visa is 
for a spouse's minor child. 

[9] Petitioners may seek a waiver of the in-person petitioner and 
fiancï¿½(e) meeting requirement. 8 U.S.C. ï¿½ 1184(d)(1). 

[10] Petitioners must report on their I-129F forms the following 
specified crimes: (i) domestic violence, sexual assault, child abuse 
and neglect, dating violence, elder abuse, stalking; (ii) homicide, 
murder, manslaughter, rape, abusive sexual contact, sexual 
exploitation, incest, torture, trafficking, peonage, holding hostage, 
involuntary servitude, slave trade, kidnapping, abduction, unlawful 
criminal restraint, false imprisonment, or an attempt to commit any of 
the crimes listed in (ii); and/or (iii) at least three convictions for 
crimes relating to a controlled substance or alcohol not arising from a 
single act. IMBRA ï¿½ 832(a)(1). 

[11] IBIS is a multi-agency computer system of lookouts for terrorists, 
drug traffickers, and other such criminal types. IBIS interfaces with 
several sources, including the FBI's National Crime Information Center, 
and allows its users to interface with all 50 states and the District 
of Columbia via the National Law Enforcement Telecommunications 
Systems. 

[12] NCIC is a national database of documented criminal justice 
information and consists of 18 data files, 7 of which relate to 
property and the remaining 11 to individuals. The 7 property files 
contain records for articles, boats, guns, license plates, securities, 
vehicles, and vehicle and boat parts. The 11 person files are the 
Convicted Sexual Offender Registry, Foreign Fugitive, Identity Theft, 
Immigration Violator, Missing Person, Protection Order, Supervised 
Release, Unidentified Person, U.S. Secret Service Protective, Violent 
Gang and Terrorist Organization, and Wanted Person files. The 
Interstate Identification Index, which contains automated criminal 
history record information, is also accessible through the same network 
as the NCIC. 

[13] According to USCIS officials, USCIS access to the five NCIC files 
is consistent with the FBI's 2002 authorization to the former 
Immigration and Naturalization Service for limited NCIC access for 
purposes of adjudicating applications for immigration benefits. 

[14] Pub. L. No. 109-248, ï¿½ 402, 120 Stat. 587, 622 (2006). A specified 
offense against a minor under the Walsh Act includes such things as 
possession, production, or distribution of child pornography, or 
criminal sexual conduct involving a minor, including the use of the 
Internet to facilitate or attempt such conduct. Id., ï¿½ 111(7), 120 
Stat. 587, 592. 

[15] The National Sex Offender Public Registry referred to in IMBRA is 
the Dru Sjodin National Sex Offender Public Web site. 

[16] Federal civil penalties for each IMBRA violation are between 
$5,000 and $25,000. Federal criminal penalties include up to 5 years of 
imprisonment. IMBRA, ï¿½ 833(d)(5). 

[17] IMBRA, ï¿½ 833(d)(5). 

[18] IMBRA, ï¿½ 833(d)(5). 

[19] As discussed earlier in this report, USCIS conducts security 
checks via IBIS. 

[20] As discussed earlier in this report, if the petitioner has been 
convicted of a specified offense against a minor, under the Adam Walsh 
Act, DHS cannot approve such a petition unless the DHS Secretary 
determines, in his sole and unreviewable discretion, that the 
petitioner poses no risk to the beneficiary. 

[21] IMBRA prohibits the approval of a petition if the petitioner has 
filed twice before, or if the petitioner has filed the current petition 
less than 2 years since filing a prior approved petition. Petitioners 
can request a waiver of these filing limits by explaining why they 
believe a waiver would be appropriate in his or her circumstances and 
provide evidence to support their explanations. Adjudicators review the 
information and make a determination on whether or not to grant the 
waiver based on the evidence provided. A waiver cannot be granted if 
the petitioner has a record of violent criminal offenses, except in 
extraordinary circumstances such as the petitioner's having acted in 
self-defense as a victim of domestic violence. It should be noted that 
IMBRA contains an apparent technical inaccuracy when discussing the 
multiple filing limits, stating that a "consular officer may not 
approve a petition" until verifying that the petitioner is within 
IMBRA's filing limits. However, IMBRA recognizes elsewhere that 
petition approval is not a DOS but a DHS function, for example, by 
granting the Secretary of Homeland Security the authority to waive the 
multiple filing limits. See IMBRA, ï¿½ 832(a)(1)(D). 

[22] See GAO, Immigration Benefits: Additional Controls and a Sanctions 
Strategy Could Enhance DHS's Ability to Control Benefit Fraud, 
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-259] (Washington, 
D.C.: Mar. 10, 2006). 

[23] In general, a protection order prohibits one individual from 
contacting or coming into contact with another individual. 

[24] To best serve the language groups having the greatest 
concentration of nonimmigrants, IMBRA requires DOS to translate the 
information pamphlet into Russian, Spanish, Tagalog, Vietnamese, 
Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, 
Portuguese, Hindi, and such other languages the Secretary of State may 
specify. 

[25] USCIS adjudicators conduct adjustment interviews with family-based 
applicants who are already in the United States in a nonimmigrant 
status, such as a visitor or student. When USCIS approves the petition, 
rather than send the approved petition to DOS, a USCIS adjudicator will 
determine whether to allow the noncitizen to change, or "adjust," his 
or her status to that of a lawful permanent resident. 

[26] Domestic Violence Guidance Pamphlet for K Nonimmigrants, 73 Fed. 
Reg. 42586 (July 22, 2008). 

[27] See footnote 21 for a discussion of the filing limitations and 
waiver authority. 

[28] Data on previous filers from the Vermont Service Center were not 
readily available. 

[End of section] 

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