Will USCIS Check My Criminal Background If I Apply for Citizenship? (2024)

FAQs

Will USCIS Check My Criminal Background If I Apply for Citizenship? ›

USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).

Part of applying for U.S. citizenship involves going through a criminal background check. USCIS will need to get the fingerprints of a foreign national and send them to the FBI and other government agencies to check for records matching the fingerprints.

In most cases, they will need to wait for five years after the date of the crime before applying for citizenship, or possibly three years in some situations. USCIS retains the discretion to deny your application if it feels that your criminal record shows that you do not have good moral character.

When you apply for a green card, USCIS checks your criminal record with the information you provide at your biometrics screening. USCIS can also learn about your criminal background at your green card interview. All green card applicants have to undergo a biometrics screening.

Criminal Convictions That Lead to Permanent Finding of Bad Moral Character and Block Naturalization. The most serious crimes, such as murder and other aggravated felonies, will automatically and permanently bar a person from being considered to have good moral character.

USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).

Usually this is the five years before you applied, or three years if you're applying for citizenship on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.

Demonstrate a Lack of Good Moral Character

more. Violating any controlled substance law of the United States, any State, or any foreign country. confinement was 180 days or more during the past 5 years (or 3 years if you are applying based on your marriage to a United States citizen).

Does a Misdemeanor Affect Immigration Status? Many misdemeanor convictions can prevent someone from obtaining or maintaining lawful immigration status in the U.S, or make them ineligible for residency or citizenship. Certain misdemeanor crimes (and many felony charges) are considered “crimes involving moral turpitude”.

What kind of background check does USCIS do for the petitioner? ›

The USCIS also runs background checks on petitioners for any criminal records on the FBI database, sex offender registries, and similar records. Generally, a petitioner will automatically become ineligible if they have a history of being convicted for offenses against a minor.

You may be wondering how will the USCIS know that you're working without authorization. In many cases, they will know through your tax returns, resume, or visa support letter. In addition, the government is increasingly searching the internet for evidence of unauthorized employment.

Processing times for Form N-400 have stayed fairly consistent over the past five years with the average wait time being about 11 months. There are 89 field offices that currently process Form N-400. The current average processing time across all offices is 15.5 months.

Lying to gain immigration benefits. Failing to pay court-ordered child support or alimony payments. Imprisonment for 180 days or more during the past five years. Failing to complete any probation, parole, or suspended sentence.

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence. However, an applicant who has satisfactorily completed probation, parole, or a suspended sentence during the relevant statutory period is not automatically precluded from establishing GMC.

If the USCIS official feels it necessary to secure other background investigations, they have the authority to do so. However, the three most common parts of this check include the investigation of your background, fingerprints, and a name check.

After the background check stage, most applicants will be required to attend a biometrics appointment. With that, the USCIS offices take the fingerprints and photos of the applicants. Once again, the information is entered to check the applicant's criminal past. After that, the FBI may also conduct a background check.

The U.S. Immigration and Citizenship Services (USCIS) is not responsible for making sure you pay your taxes.

How long do background checks take USCIS? ›

If you have a serious crime, you need to talk to an immigration lawyer before filing for that immigration benefit. Once you do and get fingerprinted, background checks usually take six to eight weeks, maybe 12 weeks.

How long will the interview last? A typical citizenship interview lasts about 20 minutes, but the exact timeframe varies by applicant.

The diagram below shows that 96.1% of all applicants pass the naturalization test. In fiscal year 2021, almost 90% passed it during the initial interview, and another 6% of all applicants passed during a re-exam.

Denials like these are unfortunately very common at USCIS offices nationwide. They occur during the applicant's in-person interview where the applicant is often questioned about these issues, and the immigration officer makes assumptions about the applicant leading to their denial.

Many immigrants who go through naturalization (or obtaining US citizenship) find the US citizenship test difficult. Many do not pass the first time they take the test.

Ordinarily, denial of U.S. citizenship leaves the person with permanent residence, but there's a risk of green card cancellation and deportation.

Yes, a naturalized citizen can be deported and have their citizenship revoked when denaturalization has occurred. This process is rare, but does occur. Usually, when you obtain your United States citizenship, it is a status that you will keep forever. You do have the option to appeal a denaturalization decision.

If your application was denied because you failed English and/or Civics Tests, then you can book another one straight away. However, if your application was denied for not having a valid green card or due to a breach of U.S. criminal or immigration laws, then you will not be able to reapply.

And they can never be deported. Of the applications submitted each year, United States Citizenship and Immigration Services (USCIS) approves about 23%, denies about 2–3%, and leaves about 70% pending. This article covers the U.S. citizenship by naturalization process and statistics on that process.

Why do people fail the citizenship interview? ›

Applicants must read one out of three sentences correctly. In addition, applicants must pass a writing test, and write one out of three sentences correctly, free of grammatical mistakes. The first most common reason for a naturalization denial is failing the Civics and English component of the test at the interview.

What crimes affect immigration? Certain crimes, such as those classified as “aggravated felonies” under immigration law, can significantly impact an individual's immigration status. These include murder, sexual abuse, kidnapping, and drug trafficking, among others.

Generally speaking, the more serious the crime, the less likely you are to be approved as a sponsor. If you have been convicted of a felony, for example, it may be more difficult to get USCIS to approve your I-130 petition than it would be if you were convicted of a misdemeanor (or not convicted of any crimes at all).

U.S. immigration officers have broad authority to search travelers' luggage and belongings when they enter the United States. That authority extends to cellphones, laptop computers, and tablets.

Does USCIS Screen Your Social Media Activity? Yes, USCIS may survey your social media accounts. Their surveillance is strictly for the evaluation of your application for immigration benefits. Their findings can influence a decision about your eligibility.

Use our online FOIA system to request your own immigration record, another person's immigration record, or non-A-File information such as policies, data, or communications.

The top 3 government offices handling citizenship applications most efficiently are in Cleveland, Ohio; Providence, Rhode Island; and Raleigh, North Carolina. The worst 3 government offices handling citizenship applications least efficiently are in St. Paul, Minnesota; Miami, Florida; and Houston, Texas.

F. Failure to Meet the English or Civics Requirements

If an applicant fails any portion of the English test, the civics test, or all tests during the initial naturalization examination, USCIS reschedules the applicant to appear for a second examination between 60 and 90 days after the initial examination.

Approximately 6 to 9 months after filing Form N-400, USCIS will mail the naturalization interview appointment notice. Make every attempt to attend the scheduled interview time. Rescheduling an interview will add several weeks to the naturalization process.

Perhaps the most difficult part of the naturalization process is the in-person interview and test with a U.S. Citizenship and Immigration Services (USCIS) officer. The test determines an applicant's ability to speak, read, and write in English, as well as their understanding of U.S. government and history.

Can you lose your U.S. citizenship if you commit a felony? ›

A felony conviction can affect citizenship in two ways. 1) A naturalized US citizen can lose their citizenship if they concealed this criminal history during the naturalization process. 2) A citizen who is convicted of a felony may lose some of their rights while incarcerated as well as after their release.

Nonetheless, many different types of information are available in a comprehensive background check. These include: Immigration or citizenship status. A background check might verify an employee's Social Security number, immigration status, or citizenship.

Federal agencies, including USCIS, have the ability to see complete criminal histories of all applicants, including any sealed or expunged records. This information will be available to USCIS officers when they conduct a background check on the applicant.

Immigrants convicted of aggravated felonies can be deported regardless of when the crime was committed in the United States. Aggravated felonies can include crimes defined as aggravated felonies under federal or California law.

You're giving them everything that they need to know about you. Your immigration history, your employment history, your previous addresses, your family history, your name, your social, your number. Everything. They have everything on you but a lot of people forget that they can go beyond that.

Drug trafficking. Any crime of violence or theft that can be punished by a year or more of incarceration. DUI (sometimes) Sex with a partner who is under the age of consent (18 in some states, including California)

A denied citizenship application may be the result of having a criminal record. The USCIS reviews allow your past criminal history before making their decision to accept or deny your application. Some more extreme crimes may merit a court hearing for someone to be deported after applying for citizenship.

Felonies such as terrorism or murder disqualify a foreign national for a US visa or Green Card. Misdemeanors, regardless of whether the individual is serving a jail sentence, could make them inadmissible to the US. Therefore, a misdemeanor record could prevent you from obtaining a visa or Green Card.

Once you do and get fingerprinted, background checks usually take six to eight weeks, maybe 12 weeks. Now, they will give you that as a response for months and months. They'll tell you about the USCIS background check delay or security check long after the case is over. And that can be frustrating for people.

Proof of U.S. citizenship: You must either provide your most recently issued passport, an original U.S. birth certificate, a Consular Report of Birth Abroad (FS-240), a naturalization certificate, or a certificate of citizenship.

What can get you denied a US citizenship? ›

Many misdemeanor convictions can prevent someone from obtaining or maintaining lawful immigration status in the U.S, or make them ineligible for residency or citizenship. Certain misdemeanor crimes (and many felony charges) are considered “crimes involving moral turpitude”.

Additionally, if you stated in your application that you are a citizen or national of the United States, we will use your SSN to verify your citizenship status with the Social Security Administration. If the SSA cannot verify your statement in their records, you will be contacted to provide additional documentation.

A U.S. Certificate of Citizenship is granted to a person who acquires or derives citizenship from his or her birth to U.S. parents. A naturalization certificate, on the other hand, is granted to a person who becomes a citizen through the naturalization process.

You will need to visit Social Security so they can update your Social Security record. Wait at least 10 days after your ceremony before doing so and be prepared to show them your Certificate of Naturalization or your U.S. passport.

A foreign national who is interested in applying for U.S. citizenship may be concerned about whether a denied citizenship application would result in their deportation from the U.S. Fortunately, this is uncommon, but it is one of the risks of applying for citizenship in some situations.