What is a background check?

by
immigration attorney

Conducting background investigations and reference checks

What Is a Background Check? (Immigration Focus)

In U.S. immigration, a background check is the government’s identity, security, and eligibility screening used before granting benefits (visas, green cards, naturalization) or admission at a port of entry. Multiple agencies run overlapping checks to verify who you are and whether any inadmissibility or removability bars apply.

What USCIS/State/DHS actually check

  • Biometrics: Fingerprints and photo captured at an Application Support Center feed FBI criminal history and DHS databases (IDENT/HART).
  • Name checks & watchlists: Variations and aliases are screened against FBI, CIA/terrorism-related, INTERPOL, and DHS systems (e.g., TECS/IBIS).
  • Immigration records: Prior entries/exits, visa overstays, removal orders, asylum filings, and fraud indicators.
  • Criminal/civil records: Arrests, charges, convictions, warrants, restraining orders; for consular cases, police certificates from countries of residence.
  • Security & public safety flags: Controlled-substance issues, crimes involving moral turpitude, smuggling, trafficking, gang/terrorism grounds.

When checks happen

  • USCIS benefits: I-485 (adjustment), I-765 (work permit), I-130 derivatives, N-400 (naturalization).
  • Consular processing: DS-260 plus interview; some cases face enhanced vetting (DS-5535).
  • Ports of entry: CBP re-screens every arrival before admission/parole.

What a background check is not

  • It is not a credit score test or public-charge evaluation (those are separate).
  • It does not erase old issues; expungements often still count for immigration purposes.

How to prepare (and avoid delays)

Track deadlines: Attend biometrics; respond fast to RFEs/221(g).

Be consistent: Make all forms match your passports, prior filings, and aliases.

Gather court dispositions: Certified records for every arrest/charge—even dismissed cases.

Police certificates: Follow State Department rules for each country.

Disclose honestly: Omissions trigger misrepresentation findings.

Medical and vaccinations: Complete I-693 accurately.

If problems appear

  • Analyze the statute and records; you may need waivers (e.g., §212(h) for some crimes, §212(i) for fraud, I-601A for unlawful presence) or I-212 permission after removal.
  • Consider a FOIA to see what the government sees.

Bottom line: A clean, documented history—and proactive disclosure—turns background checks from a roadblock into a routine step toward approval.

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