Criminal Background Check

[krasinac 0]

Hello! New here and to this process. Does anyone know what immigration does for a criminal background check for Canadian citizens? My husband and I have filed for his adjustment of status and are awaiting an interview date. His federal check (the RCMP) came back clear, but we are fearful that a local check would show that he had an arrest that we have not disclosed during this whole process. Any thoughts or recommendations?

[Cristy 4]

Yeah, always disclose any arrests.

[YuAndDan 153]

Yeah, always disclose any arrests.

Correct, they can find out and at the interview they can ask a loaded question like "Have you ever been arrested?" Then how do you answer? Stick to what the paperwork you give them showed, and say no, they will catch you in a lie, or say yes and they will ask you why you did not disclose this information.

Why risk it?

Edited October 20, 2006 by YuAndDan

[Peter Miami 0]

You should have disclose that information.

Good luck,

Peter Miami

[kim&james 0]

Other than saying what the others have... also google the FBI name check as opposed to the fingerprint check. You might find that you have a bit of a wait getting your name check back as you will probably get a hit on your name and from what I have read they then have to physically check the file to clarify the persons identity, depending on the nature of the crime I would presume, would depend on any trouble you might find.

Be very honest when you go to your interview if asked anything about any arrests.

Everyone now goes through the FBI checks so there is no way out of it. Prepare yourselves but do not lie at anytime... it could make things worse.

Good luck.

[krasinac 0]

So the FBI name check will reveal an arrest that took place in another country? He wasn't even ever convicted of anything, just arrested and charged. We've contacted the local police department who processed the arrest and they will not release a report of the incident to anyone except the arrested individual including U.S. Immigration Services. And as I said before, his federal RCMP record is completely clear. How on earth would they find out? hahaha thank you thank you for all your advice.

Other than saying what the others have... also google the FBI name check as opposed to the fingerprint check. You might find that you have a bit of a wait getting your name check back as you will probably get a hit on your name and from what I have read they then have to physically check the file to clarify the persons identity, depending on the nature of the crime I would presume, would depend on any trouble you might find.

Be very honest when you go to your interview if asked anything about any arrests.

Everyone now goes through the FBI checks so there is no way out of it. Prepare yourselves but do not lie at anytime... it could make things worse.

Good luck.

[Welshcookie 17]

I thought the FBI checks only dealt with the US records ... they can't access the UK I thought due to our Privacy laws... not sure about Canada or other countries

[Canuck Carrie 1]

The FBI name checks search something like 22 other law enforcement agencies databases. They do not just get "hits" on criminals, it can be a lawyer, a witness, anyone that is 'of interest' in a database that they search.

Edited October 21, 2006 by Canuck Carrie

[krasinac 0]

I was under the impression that the 22 other agencies covered by the FBI name check were in the U.S. I can't find any information otherwise. I wonder how they would ever find about an arrest that took place in another country if there was no conviction on the record. I know the police don't release that information in Canada.

In any case, we have a bit of a dilemna. I talked with a lawyer who suggests we disclose at the interview, but if they will never even know about the arrest, why bring it to their attention?

[Waiting in Vancouver 6]

I was under the impression that the 22 other agencies covered by the FBI name check were in the U.S. I can't find any information otherwise. I wonder how they would ever find about an arrest that took place in another country if there was no conviction on the record. I know the police don't release that information in Canada.

In any case, we have a bit of a dilemna. I talked with a lawyer who suggests we disclose at the interview, but if they will never even know about the arrest, why bring it to their attention?

Was it really that bad of a charge ??

[kim&james 0]

Have a look at the name check thread here on this forum... you will see that lot of the time the check has been held up due to slow processing from the other countries.. and I read somewhere there that china and russia are the slowest.. someone had their congressman step in for them due to a very slow response on their name check and that was what they were told.

So from that, I gather that they do check the country of origin of the petitioner.

Other than that, would probably do what your lawyer said, and when asked in the interview if you have committed any crime just be truthful and say that you were arrested and charged but not convicted (as you said earlier)

[supercaleroman 0]

Do you know if a DWAI (lesser charge than a DUI) needs to be disclosed? Doesn't it count as a traffic violation?

[Peggy 1]

It asks you on the AOS forms if you have been arrested(whether it was in Canada or the USA)

Was he arrested before you sent in your AOS forms. I would have checked the box if it happened before you sent them in.

I would tell them the truth.