REVISED CIS DRAFT- 10/1/03

CASE REFERRAL CRITERIA

Citizenship and Immigration Services (CIS) shall apply the following criteria when referring
cases to Immigration and Customs Enforcement (ICE) for investigation:1

I. BENEFIT FRAUD REFERRALS

> Level 1 - Preliminary Inquiry: CIS has determined that articulable fraud
indicators are present and that the case requires minimal ICE investigative
intervention before a proper adjudicative decision can be made. CIS will
request specific action, and explain its potential impact on the adjudication of
the related application and/or petition. CIS' primary objective is to validate or
invalidate fraud, and when fraud exists, get sufficient information in which to
deny the application or petition. This category of low-level investigative action
may include very basic observations, with no personal contact or confirmation
of public record information. ICE will have 30 days from the referral date to
complete the requested investigative action. If ICE is unable to accept the case
or complete the investigative action within 30 days, they will return the case to
their referring ICE-BFU, with a specific reason for an extension or declination.
After review, ICE-BFU will either forward the case to the referring CIS-FDU
with their findings, or return it to the field ICE office for investigative
purposes. ICE-BFU will advise CIS-FDU of any and all extensions. At no time
will an extension exceed 60 days, unless the initial investigative action raised
the level of the referral to Level 2 or 3. Cases that are returned without the
requested investigative action may warrant a compliance and verification-
related review by CIS, in an effort to obtain the information needed to make a
proper adjudicative decision.

> Level 2 - Limited Investigation: CIS has determined that articulable fraud
indicators are present and that the case requires ICE investigative intervention
before further administrative and/or prosecutorial action can occur. CIS will
request specific action, and explain the potential impact on the adjudication of
the related application and/or petition. CIS' primary objective is to validate or
invalidate fraud, and if fraud does exist, get sufficient information in which to
deny the application or petition. This category of mid-level investigation action
may include limited physical surveillance, interviewing witnesses and other
subjects (to possibly include sworn statements), obtaining information
pursuant to an administrative subpoena, etc. If ICE is unable to accept the case
or complete the investigative action within 60 days, they will return the case to

1 This caseload prioritization will enable ICE to engage its limited resources in a more efficient and effective
manner. Cases are referred to the applicable area ICE-Benefit Fraud Unit (BFU), via a CIS Fraud Detection Unit
(FDU).
 REVISED CIS DRAFT- 10/1/03
their referring ICE-BFU, with a specific reason for an extension or declination.
After review, ICE-BFU will either forward the case to referring CIS-FDU with
their findings, or return it to the field ICE office for investigative purposes.
ICE-BFU will advise CIS-FDU of any and all extensions. At no time will an
extension exceed 90 days, unless the initial investigative action raised the level
of the referral to Level 3. Cases that are returned without the requested
investigative action may warrant a compliance and verification-related review
by CIS, in an effort to obtain the information needed to make a proper
adjudicative decision.

Level 3 - Full-field Investigation: CIS has identified fraud indicators

involving major conspiracies. These cases involve multiple
applications/petitions, and require full field criminal investigation.
Conspirators consist of repetitive petitioners, beneficiaries, and/or third parties
such as, organizations, attorneys, preparers, consultants, travel agents, notary
publics, schools, etc. Fraud schemes frequently result from intelligence
information, data mining and pattern analysis, established fraud indicators,
information shared between CIS and ICE, and/or leads provided by external
sources. CIS-FDUs will provide ICE a detailed analysis of their findings and
recommendations.

II. NATIONAL SECURITY REFERRALS

Cases involving foreign nationals suspected of being involved in terrorist or other
activities threatening national security.

III. PUBLIC SAFETY/INTEREST REFERRALS

Cases that pose a threat to public safety or contain elements of significant or
otherwise sensitive interest, to include:

• Mandatory Detention Cases

• Aggravated Felons
• Interpol Red Notices
• Re-entry Cases
• War Criminals
• Human Rights Violators