Most green card holders dream of becoming U.S. citizens, but the process is not easy. Applicants undergo a rigorous background check to verify that they do not pose any security risks to the United States. This guide clarifies the steps involved in a criminal background check, its impact on the application process, and the options available for those with a criminal record.
The Biometrics Requirement
As part of the background check, all naturalization applicants must provide biometrics, including fingerprint records. This requirement applies to everyone, even those over 75 who didn’t pay an extra biometrics fee. USCIS also collects photographs and your signature.
After you submit your application, USCIS will send a notice within a few weeks, instructing you to appear for fingerprinting at the nearest Application Support Center, Missing this appointment without a valid reason and without informing USCIS will result in your application being abandoned, and you’ll need to reapply and pay a new fee.
Special Arrangements for Disabilities
USCIS ensures that ASC facilities are accessible for applicants with disabilities. If you can’t attend a biometrics appointment due to a disability, hospitalization, or confinement at home, USCIS will make arrangements to collect your biometrics.
Inform USCIS of your situation and request their assistance by calling their customer service line at 800-375-5283 (TDD: 800-767-1833). You’ll need to navigate automated prompts and may need to start this process early in the day for a callback. Be ready to provide a copy of your appointment notice and medical documentation supporting your need for an in-home or in-hospital appointment.
Unable to Provide Fingerprints
If you can’t provide fingerprints due to medical conditions, birth defects, physical deformities, skin conditions, or psychiatric conditions, a USCIS officer will assess your situation. They will attempt to collect your fingerprints in person and will not give up easily, even if you have fewer than ten fingers or if your fingerprints are hard to classify.
If it’s genuinely impossible to fingerprint you, USCIS will require police clearance letters from every place you’ve lived during the period of good moral character applicable to your application. This period is usually five years before your application, or three years if applying based on marriage to a U.S. citizen. Additionally, you must provide a sworn statement detailing any criminal history within this period.
The FBI Name Check
Once USCIS has your biometric data, they forward it to the FBI for a comprehensive criminal background check using the National Name Check Program (NNCP). This program searches various databases, including personnel, administrative, applicant, and criminal files created for law enforcement.
Your naturalization interview cannot proceed until the FBI completes the name check and you receive clearance. The results are valid for 15 months, so if USCIS does not grant you citizenship within that time, the FBI must conduct another name check.
Preparing for the Background Check
Self-Examination of Criminal Records
To avoid surprises, it’s wise to check your criminal record yourself if you’ve had any encounters with law enforcement. Even if a case was dismissed, or expunged, or you believe it shouldn’t affect your record, consulting a lawyer to investigate is a smart move.
Serious crimes can permanently disqualify you from citizenship, while other offenses might delay or block your eligibility. An experienced attorney can evaluate your situation and advise whether to apply now or wait. Sometimes, delaying your application is the safer option.
What documents should I gather before the background check
Before your USCIS background check, it’s essential to gather the following documents to ensure a smooth application process:
Personal Identification
- Government-issued ID: A valid photo ID, such as a passport or driver’s license.
- Birth Certificate: An original or certified copy to establish your identity and age.
Immigration Documents
- Permanent Resident Card (Green Card): If applicable, to prove your lawful permanent residency.
- Form I-94: Arrival/departure record, if you entered the U.S. on a visa.
Proof of Residency
- Lease Agreements or Mortgage Documents: To show your current address.
- Utility Bills: Recent bills with your name and address.
- Bank Statements: Statements that reflect your name and address.
Employment History
- Pay Stubs or W-2 Forms: Recent pay stubs or tax documents to verify employment.
- Employment Letters: Letters from employers confirming your job title and duration of employment.
Marital and Family Documents
- Marriage Certificate: If applicable, to confirm marital status.
- Divorce Decrees: If previously married, to show dissolution of prior marriages.
- Children’s Birth Certificates: If applicable, to establish family relationships.
Criminal History Documentation (if applicable)
- Court Records: Any documents related to past arrests or convictions.
- Police Clearance Certificates: From jurisdictions where you have lived, if required.
Additional Supporting Documents
- Affidavits or Character References: Letters from friends, family, or community members attesting to your character.
- Tax Returns: Copies of your tax returns for the last few years.
Navigating the USCIS criminal background check is a critical part of the citizenship application process. Understanding the process, seeking legal advice when needed, and preparing ahead of time can significantly improve your chances of a successful naturalization. USCIS’s focus on security and good moral character highlights the importance of addressing any potential issues proactively.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Permanent Resident Card or U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
