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What is a background check?

immigration lawyer

Conducting background investigations and reference checks

Question: I have never had a record and now my petition is pending for a ‘background check’.
What exactly is this and why must I get it?

Answer: All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit.
U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks.
However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks.

Question: Why does USCIS conduct security checks?

Answer: USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit.
This is done both to enhance national security and ensure the integrity of the immigration process.
USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently.
These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism.
USCIS will never grant an immigration service or benefit before the required security checks are completed.

Question: How does the immigration security checks work?

Answer: To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors.
Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.
USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case.
Results of an IBIS check are usually available immediately.
In some cases, information found during an IBIS check will require further investigation.
The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications.
The FBI fingerprint check provides information relating to criminal background within the United States.
Generally, the FBI forwards responses to USCIS within 24-48 hours.
If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS.
At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations).
In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check.
The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks.
Now you know why a background check must be completed.

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