"Arrested, Cited, Charged or Detained:" Using FBI/State-Specific Background Checks to Assess Your Criminal History for Immigration Purposes

Whether you're applying for a green card, naturalization or a variety of other forms of immigration relief, you will inevitably be asked if you have ever been arrested, cited, charged or detained, as this is the United States Citizenship and Immigration Services' (USCIS) way of ascertaining your criminal history. Having a comprehensive grasp of your criminal history can help you understand the impact it may have on your ability to obtain immigration benefits, successfully enter the United States or avoid deportation or removal altogether. In this blog post, we will explore the importance of utilizing FBI and State-specific background checks to assess your criminal history for immigration purposes.

WHY IS KNOWING YOUR CRIMINAL HISTORY SO IMPORTANT?

If you have ever been formally arrested, placed in handcuffs, brought to a police station or otherwise had an encounter with police, it is important to understand if a record was ever made and whether you were formally charged or convicted of a crime. Completely understanding your criminal history can truly affect how you will be treated by immigration officers and authorities who are either reviewing your case and deciding whether to grant or deny you benefits or determining whether to place you into removal proceedings.

Here are just some of the main reasons why knowing your complete criminal history is so important:

1. Eligibility Determinations: U.S. immigration authorities scrutinize an applicant's criminal history to determine eligibility for various immigration benefits. Certain crimes may render you ineligible for specific visas, a green card, or other immigration benefits, such as work/travel authorization. Knowing your criminal history allows you to assess your eligibility and explore alternative benefit options, if they are available to you.

2. Avoiding Denial and Removal Proceedings: Providing inaccurate or incomplete information about your criminal history on immigration forms can lead to application denials or even the initiation of removal proceedings. Being aware of your criminal record enables you to proactively address any potential issues and seek legal counsel if needed. Furthermore, depending upon the nature of your criminal history, you may want to avoid applying for benefits altogether to keep you away from the government's radar.

3. Waivers: In some circumstances, individuals with particular criminal convictions may be eligible for a waiver, which will preserve their admissibility and protect their ability to obtain benefits. Understanding your criminal history is crucial for determining whether you qualify for such options and for presenting a strong case to immigration authorities.

4. Legal Representation: If your criminal history is quite complex, consulting with an immigration attorney is essential. They can help you navigate the intricacies of the immigration laws, advise you on the best course of action, and assist in preparing a well-documented case.

FBI BACKGROUND CHECKS - IDENTITY HISTORY SUMMARY (RAP SHEETS)

Using the FBI Identity History Summary website, you can submit a request to conduct a search of all 50 states for any and all criminal history based on your fingerprints. As a part of the request process you will be required to submit a hardcopy of your fingerprints, which can be obtained from local third party fingerprinting companies or your local police department. Once you submit your request online, you will be provided with a barcode to bring to the fingerprinting facility. They will take your fingerprints and give you two copies printed on an official form, which should be mailed to the FBI for processing. As of the date of this post, the current address is: FBI CJIS Division - Summary Request, 1000 Custer Hollow Road, Clarksburg, WV 26306.

Once the FBI processes your fingerprints, you will receive an FBI Summary report that provides a breakdown of your criminal history. If you do not have a criminal history, the report will specify that no records were found based upon a review of your fingerprints.

STATE-SPECIFIC BACKGROUND CHECKS

While the FBI Identity History Summary Check provides valuable federal-level information, it's important to note that it may not include certain state-specific records. To ensure a comprehensive assessment of your criminal history, you should also consider obtaining state-level background checks from every state where you have lived or had interactions with the criminal justice system. State-level background checks may reveal additional information, such as arrests, charges, or convictions, that are not part of the federal database. This thorough approach ensures that you have a complete understanding of your criminal history, leaving no surprises when you submit your immigration application.

If you are located in New York State or have had interactions with the criminal justice system in New York State, you can utilize the Division of Criminal Justice Services website to initiate your NY State specific background check.

CONCLUSION

Understanding your criminal history is not only crucial for determining your eligibility and admissibility to the United States, but it also allows you to take proactive steps to address any potential issues and improve your chances of a successful immigration journey. By utilizing the FBI Identity History Summary request system and obtaining state-specific background checks, you can be confident that you have a comprehensive overview of your criminal history. This knowledge will enable you to make informed decisions, seek legal guidance when necessary, and present a compelling case to immigration authorities.

If you are interested in filing a family-based green card petition, K-1 fiancé visa, or naturalization petition and have concerns over your criminal history, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.