It is a dream of most green card holders to become a U. S. citizen but that doesn’t mean it will be an easy process this is just like any other part of the application procedure they will undergo a very rigorous background check to verify that they do not present any security risk to the United States. In this guide, we will clarify the steps in a criminal background check, the effect that it will have in the application process, as well as options that one has in case they have 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.
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.
