When applying for U.S. citizenship or lawful permanent residence (getting a green card), immigration applicants are required to go through a background check. This background check, conducted by U.S. Citizenship and Immigration Services (USCIS), is done to ensure the applicant is eligible for immigration benefits under U.S. law.
Criminal History
One of the main things that will show up on an immigration background check is an applicant’s criminal history. This includes any arrests, charges, or convictions for criminal offenses. Some key things USCIS looks for:
- Felonies – Felony convictions can make an applicant inadmissible and disqualify them from getting a green card or citizenship.
- Misdemeanors – Misdemeanors like petty theft, DUI, simple assault can also pose an issue. While generally not as serious as felonies, multiple misdemeanors can show a pattern of criminal behavior.
- Domestic violence – Any domestic violence, stalking, or child abuse offenses will likely bar immigration eligibility. These are considered “crimes of moral turpitude” under immigration law.
- Sex offenses – Any sex-based crimes, such as rape, sexual abuse, solicitation, etc. will almost always make an applicant inadmissible.
- Drug crimes – Drug-related offenses like drug trafficking, distribution, transportation, etc. are taken very seriously under immigration law.
The background check involves checking an applicant’s fingerprints against FBI criminal databases. USCIS will look at criminal records from all jurisdictions in the U.S., as well as some foreign countries. Even expunged or sealed convictions may still appear. The only exception is certain juvenile offenses committed before age 18.
Having a criminal record does not automatically disqualify someone from getting immigration benefits, but it can greatly complicate or drag out the process. Many offenses can be waived or excused through various forms of relief.
Immigration Violations
Immigration violations will also appear during the background check and can negatively impact an application. These include things like:
- Overstaying a visa
- Entering the U.S. without inspection
- Willful misrepresentations on prior immigration applications
- Failure to continuously maintain status
- Prior removals or deportations
Having prior immigration violations does not mean an applicant will necessarily be denied. USCIS adjudicators will look at each case individually and examine any extenuating circumstances. Short overstays or technical status violations are generally forgiven, provided the person is otherwise eligible. However, long overstays, multiple violations, or willful misrepresentations can be harder to overcome.
Security and Public Safety Risks
The background check process also screens for any potential national security or public safety risks. Things USCIS will look for include:
- Terrorist activity or membership in terrorist organizations
- Foreign government espionage
- Persecution of others on protected grounds like race, religion, nationality, political opinion, etc.
- Genocide
- Torture
- Extrajudicial killings
- Severe violations of religious freedoms
Connections to any groups that advocate or engage in these kinds of activities will bar immigration eligibility. USCIS consults various law enforcement agencies like the FBI, CIA, and Interpol when assessing risks.
Medical Issues
As part of the background check process, USCIS also reviews an applicant’s medical history to check for certain health-related issues specified under immigration law. The main medical grounds of inadmissibility include:
- Communicable diseases of public health significance (ex. tuberculosis, COVID-19)
- Physical or mental disorders associated with harmful behavior
- Drug abuse or addiction
Applicants must submit a completed medical exam by a designated civil surgeon. Unless an issue is noted, medical grounds are not usually a major obstacle to gaining immigration status. However, any diagnosed conditions will need to be addressed.
Financial Means
When applying for certain immigration benefits, applicants must prove they are not likely to depend on U.S. government welfare programs. To determine this, USCIS looks at factors like:
- Income from employment, assets, and other sources
- Age, health, education/skills
- Family status and whether relatives can provide support
- Sponsorship Form I-864 from an individual
While the income requirements are not high, an inability to show adequate financial means could derail an application. Affidavits of support from sponsors are often needed.
Identity Verification
USCIS takes steps to verify an applicant’s identity during background screening. This may involve:
- Checking biometric data like fingerprints against various databases
- Verifying past immigration records and filings
- Requesting police certificates to confirm identity and no criminal records overseas
- Comparing birth certificates, passports, driver’s licenses, or other identifying documents
- Researching any name changes or aliases used
If USCIS is unable to confirm an applicant’s identity, the case cannot move forward. Honesty regarding one’s true identity and background is essential for clearance.
Marriages and Relationships
For applicants seeking a green card through marriage, USCIS scrutinizes the legitimacy of the marriage as part of the background check. Factors reviewed include:
- How, when, and where the couple met
- The couple’s wedding and life together since marrying
- Joint assets and financial obligations
- Children born or adopted together
- Affidavits from people who know the couple
Interviews are usually conducted where spouses are asked questions separately to verify shared knowledge about each other’s background. Signs of marriage fraud will lead to a denied green card petition.
If applying based on an employer or family sponsor, USCIS also verifies the legitimacy of those relationships. Sham employment arrangements or fraudulent family connections could derail an application and lead to serious legal consequences.
Social Media History
In some cases, particularly for applicants from high-risk regions, USCIS will research an applicant’s social media profiles and history. Concerning posts, connections, photos, or biographic details on platforms like Facebook, Twitter, Instagram can raise red flags if they suggest:
- National security or public safety risks
- Criminal behavior or associations
- Immigration violations like working illegally or overstaying a visa
- Fraud in a marriage-based case
While social media screening is not routine for all applicants, it can provide important information when conducted. Significant findings may warrant deeper investigation or directly impact the outcome of a case.
Conclusion
The immigration background checks conducted by USCIS are thorough and extensive. They involve screening and vetting applicants through multiple government databases, verifying identities and relationships, assessing financial means, reviewing health issues, and examining any social media red flags.
While having something negative turn up does not automatically make an applicant ineligible for immigration benefits, it can substantially slow down or complicate the process. Applicants are well-advised to be honest and forthcoming about any issues in their background. Working with an experienced immigration attorney is also key to navigate potential pitfalls successfully.
With stringent background checks in place, U.S. immigration authorities aim to only bestow the privileges of permanent residency and citizenship to those applicants truly deserving and qualified under U.S. law.