USCIS “FBI Privacy” Letters Are Arriving in Mailboxes: What They Mean and What They Signal

Immigrants with pending cases across the country have been opening a one-page USCIS notice titled “FBI Privacy Requirements for Biometrics Collection by USCIS,” and many have feared the worst. Attorneys say the letter is routine and needs no reply. Still, a closer reading shows a meaningful operational shift: the fingerprint check that once ended at a biometrics appointment may now continue long afterward. Our EB-1A specialists break down the notice and what it could mean for your case.

This Is Not a Warning Sign

Rahul Reddy of Reddy Neumann Brown PC wrote on October 6 that his Houston office had been fielding worried calls from clients who received the letter over a two-week span. His advice was reassuring: the notice is routine. It is not a Request for Evidence (RFE), not a Notice of Intent to Deny (NOID), and not an indicator of a problem with a case. A household may receive one letter for each member who attended biometrics, children included. The letter states that no further action is required at this time, and a Montana firm notes that USCIS will mail a separate notice if it needs anything else.

Why the Letter Exists

Federal law requires that anyone whose fingerprints are sent to the FBI for a non-criminal purpose, such as an immigration benefit, be told how the data will be used and what rights they have over their record. The letter cites 28 C.F.R. § 50.12 and outlines those rights, including the ability to request a copy of your FBI record and to seek corrections if it is inaccurate. Applicants need only attend their scheduled biometrics appointment.

What Is Actually Changing

According to the notice, USCIS has been shifting since 2017 from point-in-time screening toward an event-based approach called Continuous Immigration Vetting. Capitol Immigration Law Group reports that USCIS is upgrading its background-check systems and enrolling pending applications, including N-400 naturalization cases, in the FBI’s continuous vetting process, with notices beginning to arrive in September.

The mailings are not limited to one group. Cuban-American media report recipients of many nationalities, and marriage-based green card applicants have received them too. One firm suggests USCIS may have reused earlier biometrics or resubmitted fingerprints for an updated check. In practice, the government may now receive new criminal-history information while a case is still under review.

The Catch Behind the Calm

The Montana firm argues that the letter’s calm tone obscures a larger point: the fingerprint check has become ongoing. It cites a 2019 DHS privacy assessment describing continuous vetting that runs until a person naturalizes. For noncitizens, this means record checks may not stop once a case is approved.

The firm also notes that, as of September 29, USCIS had published no explanation of the September mailing. Its own interpretation, which it labels unconfirmed, is that the letter refers to the FBI’s “Rap Back” service, which retains fingerprints and searches them continuously.

A Tightening Backdrop

The letters come amid wider changes:

• Executive Order 14385 (February 6, 2026) directed the Attorney General to give DHS access to criminal history records for screening and vetting.
• Fuller FBI records: Law-firm reports of internal guidance say USCIS began receiving more complete FBI records on April 27 and paused some pending cases for re-checks. USCIS has not published its implementing guidance.
• Proposed biometrics rule: A rule proposed on November 3, 2025 would allow USCIS to require biometrics from noncitizens until they become citizens. It is not final, though the government’s regulatory agenda targets a final rule in December 2026.
• Processing delays: Cuban outlets point out that the letters follow USCIS’s strengthening of background checks on millions of cases, a change that was followed by slower processing.

Confusing Status Messages

Some applicants have also seen an alarming online status reading “Case Required USCIS To Send A Notice.” Murthy Law Firm says that in the cases it reviewed, the mailing that followed was this privacy letter, and nothing needs to be submitted because of it alone. A separate legal-information site adds that the notice does not alter F-1 status, CPT or OPT authorization, or an H-1B worker’s employment authorization.

What Applicants Can Do

The Montana firm recommends practical steps rather than panic:

1. Check your own record. Request your FBI Identity History Summary. The firm listed the fee as $18 as of September 29.
2. Fix gaps. If arrests appear without a final outcome, obtain certified court dispositions.
3. Disclose fully. Answer every question on immigration forms about arrests, citations, and charges, even if the cases were dismissed.
4. Get advice early. Since monitoring may continue after approval, consult an immigration lawyer before pleading to any charge or traveling abroad while a matter is pending.

The same firm cautions against skipping a biometrics appointment. Under 8 C.F.R. § 103.2(b)(13)(ii), a case may be considered abandoned and denied if a required appearance is missed. It also stresses that the genuine letter never asks for payment, personal information, or a phone call, so anyone using it to demand money is not from USCIS.

The Bottom Line

The letter is harmless and requires nothing from you. What it represents, however, is more significant. Applicants should regard their fingerprints as a standing record, make sure that record is accurate, and answer every government form honestly.

At GCEB1, our EB-1A consultants are following the latest developments in US immigration policy. Stay with us for analysis and insights, and we wish you a safe and stress-free immigration journey.

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