N-400 background checks - Steps of checks,

[Land of L 19]

Applying N-400 while I-751 is pending, like to know about N-400 background check, what types of checks they do? like criminal, employment(employed or not)?  

[CarlHamilton 252]

What are you hiding?

[mtempelaar 190]

21 hours ago, BlueBuy said:

Applying N-400 while I-751 is pending, like to know about N-400 background check, what types of checks they do? like criminal, employment(employed or not)?  

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter2.html

 

https://www.fbi.gov/services/records-management/name-checks

"The searches seek all instances of the individual's name appearing in FBI files. Individuals named or mentioned in FBI information may be subjects of FBI investigations, conspirators, associates, witnesses, etc."

 

 

And:

§ Sec. 335.1 Investigation of applicant.

 

Subsequent to the filing of an application for naturalization, the Service shall conduct an investigation of the applicant. The investigation shall consist, at a minimum, of a review of all pertinent records, police department checks, and a neighborhood investigation in the vicinities where the applicant has resided and has been employed, or engaged in business, for at least the five years immediately preceding the filing of the application. The district director may waive the neighborhood investigation of the applicant provided for in this paragraph.

 

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\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 335 -- EXAMINATION ON APPLICATION FOR NATURALIZATION \ § Sec. 335.1 Investigation of applicant. 

[Land of L 19]

21 hours ago, shomer said:

What are you hiding?

 

LOL.....Hiding so much.....Just kidding. few of my employers are out of business so I don't know if USCIS wanna talk to know about employment or W2 should be good so.

[Land of L 19]

29 minutes ago, mtempelaar said:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter2.html

 

https://www.fbi.gov/services/records-management/name-checks

"The searches seek all instances of the individual's name appearing in FBI files. Individuals named or mentioned in FBI information may be subjects of FBI investigations, conspirators, associates, witnesses, etc."

 

 

And:

§ Sec. 335.1 Investigation of applicant.

 

Subsequent to the filing of an application for naturalization, the Service shall conduct an investigation of the applicant. The investigation shall consist, at a minimum, of a review of all pertinent records, police department checks, and a neighborhood investigation in the vicinities where the applicant has resided and has been employed, or engaged in business, for at least the five years immediately preceding the filing of the application. The district director may waive the neighborhood investigation of the applicant provided for in this paragraph.

 

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\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 335 -- EXAMINATION ON APPLICATION FOR NATURALIZATION \ § Sec. 335.1 Investigation of applicant. 

 

Thank you so much for the info! my previous employers are out of business so if USCIS wants to stop by

[CarlHamilton 252]

21 minutes ago, BlueBuy said:

 

few of my employers are out of business so I don't know if USCIS wanna talk to know about employment or W2 should be good so.

How many employers have you had in the last 5 years?  How many are out of business?  Is yours an employment-based green card?

[mtempelaar 190]

15 minutes ago, BlueBuy said:

 

Thank you so much for the info! my previous employers are out of business so if USCIS wants to stop by

I understand.  My husband had the same issue when applying for his CR-1.   He only had 1 employer and it went out of business. We had concerns on if we'd have to prove his employment.

 

Worst case scenario: if for some reason they suspected something and they needed to validate employment, they could RFE you maybe.  If you had pay stubs or could show bank statements showing direct deposit of paychecks, that may be enough along with an explanation.   I would be surprised if this popped up.  You've attached tax returns/statements showing wages, and you should also have the supporting W2s if they need it.

   

[CarlHamilton 252]

5 minutes ago, mtempelaar said:

I understand.  My husband had the same issue when applying for his CR-1.   He only had 1 employer and it went out of business. We had concerns on if we'd have to prove his employment.

 

Worst case scenario: if for some reason they suspected something and they needed to validate employment, they could RFE you maybe.  If you had pay stubs or could show bank statements showing direct deposit of paychecks, that may be enough along with an explanation.   I would be surprised if this popped up.  You've attached tax returns/statements showing wages, and you should also have the supporting W2s if they need it.

   

Why would the applicant's employment (or lack thereof) be a relevant factor at all in a marriage or family-based application?  That would rule out stay-at-home moms, students, retirees, etc.  I really don't think that's the case.  

[mtempelaar 190]

It shouldn't be shomer, but it is actually asked.  Petitioner and Beneficiary employment history is requested for an I-130 (see page 4 and 7 respectively).   https://www.uscis.gov/i-130

[CarlHamilton 252]

18 minutes ago, mtempelaar said:

It shouldn't be shomer, but it is actually asked.  Petitioner and Beneficiary employment history is requested for an I-130 (see page 4 and 7 respectively).   https://www.uscis.gov/i-130

Sure, but here we're talking about the naturalization process.  Yes, you have to list your previous jobs, but I doubt that USCIS will visit your employers, which OP is worried about, unless your employment is material to the application.  I'm not persuaded that it is in the case of marriage or family petitions.  On the other hand, if someone obtained an employment-based green card and there is a suspicion that the job didn't actually exist or they never showed up, that would, of course, be investigated as fraud.  But this doesn't seem to be OP's situation, although he's not disclosing too much.

[Land of L 19]

3 hours ago, shomer said:

How many employers have you had in the last 5 years?  How many are out of business?  Is yours an employment-based green card?

 

couple of employers out of bussiness, GC via marriage USC

[Land of L 19]

3 hours ago, mtempelaar said:

I understand.  My husband had the same issue when applying for his CR-1.   He only had 1 employer and it went out of business. We had concerns on if we'd have to prove his employment.

 

Worst case scenario: if for some reason they suspected something and they needed to validate employment, they could RFE you maybe.  If you had pay stubs or could show bank statements showing direct deposit of paychecks, that may be enough along with an explanation.   I would be surprised if this popped up.  You've attached tax returns/statements showing wages, and you should also have the supporting W2s if they need it.

   

 

Thanks! I've W2s and Direct deposits, I should be good i think, right?

[mtempelaar 190]

18 hours ago, BlueBuy said:

 

Thanks! I've W2s and Direct deposits, I should be good i think, right?

I really doubt they will even check, but you have them just in case   I would think they'd only ask if they think you lied on your application about something.

[Land of L 19]

20 minutes ago, mtempelaar said:

I really doubt they will even check, but you have them just in case   I would think they'd only ask if they think you lied on your application about something.

Sounds good. Thanks!