Background Checks on U.S. Citizens

[ChuckandRhean 0]

It is well known that the government performs detailed background clearances on immigrants as part of the green card application process. However, what seems to be not as well known is that background checks are also performed on the petitioner in a family based petition. This means that in a marriage-based green card case, as part of the adjudication process of the immigrant visa petition, the government performs a background check on the U.S. citizen and not just the immigrant.

This was a shocking fact to a woman who came to see Audra Behne,US Immigration Attorney recently whose U.S. citizen husband was arrested by the police when they appeared for their green card interview at the local immigration office. The husband had an old warrant for a relatively minor criminal matter that he never completed.

As part of the heightened security measures put in place post 9/11, the Citizenship and Immigration Services performs background checks on U.S. citizens to see if there are outstanding warrants, such as the case above, but also they are looking for criminal convictions that have been completed. The Adam Walsh Act and other security measures that have been implemented prohibit U.S. citizens who have been convicted of sex crimes and a variety of security related crimes, from petitioning someone for a green card.

If the petitioner in a marriage-based case is a legal permanent resident (green card holder) with a criminal history, the background check can lead to deportation proceedings for the petitioner.

If the U.S. citizen or legal permanent resident petitioner has a criminal history, it is best to consult with an experienced immigration attorney before any documents are filed with the Citizenship and Immigration Services.

[Darnell 8,478]

yup. FWIW - a list of what's what is covered here -

http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

[justashooter 430]

It is well known that the government performs detailed background clearances on immigrants as part of the green card application process. However, what seems to be not as well known is that background checks are also performed on the petitioner in a family based petition.

a standard NICS check takes about 1 minute, and will reveal any convictions, arrests, wants and warrants, or adjudications for mental incompetency, assuming that the budget for the state in which the crime or ajudication was registered in allowed for transcription to NICS.