USCIS background checks explained [2023] (2024)

At a Glance: The USCIS conducts background checks to ensure the eligibility of applicants for immigration benefits and to protect the U.S. from potential risks. Background checks are mandatory for all individuals seeking to immigrate, regardless of age, ethnicity, or nationality. The process includes a background investigation through the Interagency Border Inspection System (IBIS), fingerprint checks performed by the FBI, and FBI name checks. These checks are designed to identify public safety concerns, national security risks, and criminal backgrounds. It is advisable for applicants to consider obtaining their own preliminary background check to understand their records and address any issues before filing their immigration application.

If you are applying to immigrate to the U.S., you already know you have to go through a few steps in your application, such as a medical exam. One of these steps is collecting fingerprints and having a background check done by the Federal Bureau of Investigations (FBI). This step often causes uncertainty for applicants. They don’t always know what information the United States Citizenship and Immigration Services (USCIS) will look at or whether they should be concerned.

If you are wondering, “what kind of background check does USCIS do?” just read on. We’ve got the answers below.

Why Does the USCIS Require Background Checks?

There are a few reasons why the USCIS conducts background checks. Firstly, the USCIS needs to ensure that only eligible applicants receive immigration benefits. But mainly, the USCIS needs to make sure they don’t allow anyone to immigrate who poses a risk to the U.S. and its people. So, to address a wide range of possible risk factors, the USCIS adopted background security checks procedures.

Your type of application and the immigration benefit you are applying for determines what level of scrutiny your applications will undergo.

Who Needs a USCIS Background Check?

Anyone who wants to immigrate to the U.S. has to go through the background check process. This is a requirement, regardless of your age, ethnicity, national origin, or religion. It includes applications such as an adjustment of status with Form I-485 and an application for naturalization.

Every single person who applies for an immigration benefit will be subject to criminal and national security background checks to ensure they are indeed eligible and don’t pose a threat to the U.S.

How Do Immigration Background Checks Work?

There are three parts to immigration background checks. To immigrate, you must pass each of the three successfully. Otherwise, you won’t be able to secure a visa interview or be taken to the next step in your immigration process.

Keep in mind the USCIS has the authority to conduct other background investigations if they deem it necessary. But mostly the below checks are considered to be sufficient.

Background Investigation

This step is also known as the Interagency Border Inspection System (IBIS) Name Check. This system is used by immigration officials at ports of entry. It uses a centralized system that combines information from multiple agencies, databases, and system interfaces to compile data relating to public safety concerns, national security risks, and other law enforcement concerns. The U.S. Customs and Border Protection will know instantly whether further investigation must be done on your background when they do your background check against this system.

Fingerprints

Your fingerprints will be collected at your biometrics service appointment. You will get a notification from the USCIS to attend your biometrics service appointment at your local Application Support Center after filing your immigration application.

Your fingerprints will then be sent for FBI fingerprint checks performed by the FBI’s Criminal Justice Information Services in West Virginia. This check will produce information that relates to any criminal background in the U.S. More specifically, it will confirm that either:

• You don’t have any administrative or criminal record
• You do have an administrative or criminal record, or
• Your fingerprints are unclassifiable for the purpose of doing a background check.

The FBI fingerprint checks typically take between 24 and 48 hours. If your fingerprints show you have a criminal record, a full report which contains your full criminal history (known as the RAP sheet) will be sent to the USCIS.

Your fingerprints will be valid for 15 months from the date of processing by the FBI. If you fail to appear for your biometrics appointment without notifying the USCIS or without a good reason, your application will be regarded as abandoned. To be safe, make sure you stick to the date and time the USCIS provided where possible.

FBI Name Checks

The FBI Name Check is entirely different from the FBI Fingerprint Check.

FBI Name Checks are done by the National Name Check Program located in Washington. Your name will be checked against various databases of known criminals or suspects, including the FBI’s Universal Index, to check whether there is a match. This includes administrative, applicant, criminal, personnel, and other files compiled by law enforcement.

The initial response to this check is supposed to only take two weeks, but it can take over a year due to the large backlogs. If no match is found, your immigration application can proceed. If there is a type of match found, it will mostly be resolved in 6 months. There are a small number of cases where it will take longer to resolve due to the complex, highly sensitive information involved.

If none of these three steps produce a match for criminal or illegal immigration activity, you will proceed to the next step in your immigration process.

Why You Should Consider Getting Your Own Preliminary Background Check

If you’ve previously had dealings with the police or might have something on your criminal record, which could be a concern to the immigration officials, it would be a good idea to get your own preliminary background check done first. This will give you reassurance, so you know exactly what the immigration officials will see, and so you know what to expect.

If you only have a small offense on your record and you are otherwise qualified to immigrate to the U.S., it might not have such a significant impact on your immigration application. Especially if you’ve already paid for your offense, whether through a fine, jail time, court-mandated classes, or a combination. If the incident was a long time ago, and you’ve had a clean record since it also shouldn’t pose a problem.

If there is something major or concerning in your background check results, it would be best to consult with an immigration attorney. Do this before you file your immigration petition. It’s important to sort it out before you apply, or at least to understand how this might influence your immigration application.

It’s also a good idea to check whether there aren’t any errors in your background checks. Sometimes there are errors such as offenses that were supposed to be expunged on there. You would want to make sure these are sorted out before filing your immigration application with the USCIS.

The easiest way to get your own preliminary background check done is to work through a private investigator. Alternatively, an immigration attorney may also be able to assist.

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Final Thoughts

Now you know the answer to “what kind of background check does USCIS do?”. If you don’t have a criminal history, then you don’t have anything to worry about. Even if you do, it won’t necessarily be detrimental to your immigration application. If you’re worried, just have your own preliminary background check done to understand exactly what you are dealing with and how you can resolve it.