Can immigration see your criminal record?
Asked by: Ms. Tamara West MD | Last update: July 10, 2025Score: 5/5 (9 votes)
But the USCIS will often be able to see a conviction even if it's been expunged or sealed. And if they see this after the applicant denied having a conviction, this can make the applicant look dishonest to the USCIS or other immigration official.
What shows up on a background check for immigration?
A green card background check is a process where the FBI investigates an individual's past to determine whether they are eligible to receive lawful permanent resident status. This involves a thorough review of the applicant's criminal and immigration background, as well as any prior arrests.
What crimes affect immigration status?
Under the INA, an immigrant waiver is available for most crimes. However, no waiver is permitted for murder, criminal acts involving torture, or drug trafficking offenses. Individuals who are already in the U.S. and convicted of certain crimes are subject to deportation.
Does USCIS have access to criminal records?
Screening Your Name Through FBI Checks
Once it has your biometric information on file, USCIS will submit this to the Federal Bureau of Investigation (FBI) for a full criminal background check.
What information does USCIS have access to?
All of the information you provided to the USCIS will be accessible to the agency, including: Personal Details: Name, date of birth, family relationships, and address history. Immigration History: Petitions, visa applications, entries into the U.S., and the availed immigration services.
The Countries I can (and can't) travel to with a Criminal Record
Can immigration see a police report?
Generally, a police report would not show up in a USCIS background check were there was no charges, arrested or even a case filed.
What can disqualify you from immigration?
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.
Can police see your immigration status?
The immigration status of individuals is generally not a matter for police enforcement action.
How does immigration investigate?
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).
How far back do immigration background checks go?
I think you are applying for a visa and need to provide the FBI “rap sheet.” For state purposes most are limited to seven years, but for Federal purposes (including USCIS) they are not limited. In addition, things like state expungement may or may not be effective. For visas you should expect them to know everything.
What do immigration officers check for?
Immigration officers can access several different databases to check personal, criminal, and other details about you before you cross the U.S. border. One of the primary databases they use is one the FBI uses, called the National Crime Information Center (NCIC).
Can you renew a green card with a felony?
If you are a U.S. lawful permanent resident who has been convicted of a felony—or indeed any crime—then applying to renew your green card carries risk. You could end up being removed from the U.S. (deported).
What is disqualifying criminal history in immigration?
You participated in illegal vice activities—for example, hired a prostitute. You have been convicted of or admitted to a crime involving moral turpitude (CIMT), such as fraud. You spent 180 days or more in jail or prison for any crime.
Can other countries see your criminal record?
With the INTERPOL databases, “member countries” (countries that participate in and contribute to the databases) have access to criminal databases containing millions of records. If your home country is a member country with the INTERPOL databases, one of them may contain your criminal record.
How far back do US immigration records go?
Among the billions of historical records housed at the National Archives throughout the country, researchers can find information relating to immigrants from the late 1700s through the early 2000s.
What not to say to an immigration officer?
- “I'm not familiar with U.S. immigration laws.”
- “Actually, I have applied for asylum in another country.”
- “I don't have travel insurance.”
- “I don't know where I'll be staying.”
- “I'm not sure about the details of my visa application.”
- “I've been denied a visa before.”
Does criminal background check show immigration status?
Yes, a background check reveals immigration status, although indirectly. Citizenship, genealogy, and personal history are featured prominently within the reports, though it's worth mentioning that the results won't explicitly mention that the subject is an immigrant.
Is a misdemeanor bad for immigration?
During your application process, immigration authorities will conduct thorough background checks and any criminal history will be considered, including misdemeanors. Having a misdemeanor on your record will not necessarily immediately disqualify you, but it can complicate the process.
What is the 10 year rule for immigration?
In some situations, the 3- or 10-year immigration rule may be the reason for that. Individuals who voluntarily leave the country after being present in the US unlawfully for more than a year are prohibited from returning for three- or ten-year periods, depending on the length of their unlawful presence.
What does immigration not forgive?
It is important for you to know that some crimes can be a major obstacle to obtaining U.S. residency. Among the crimes that immigration does not pardon are crimes of violence, drug-related crimes, fraud and firearms-related crimes.
Does immigration check your driving record?
USCIS can absolutely check your driving record.