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It is well known that the government performs detailed background clearances on immigrants as part of the green card application process.
However, what seems to be not as well known is that background checks are also performed on the petitioner in a family based petition. This means that in a marriage-based green card case, as part of the adjudication process of the immigrant visa petition, the government performs a background check on the U.S. citizen and not just the immigrant.
This was a shocking fact to a woman who came to see me recently whose U.S. citizen husband was arrested by the police when they appeared for their green card interview at the local immigration office. The husband had an old warrant for a relatively minor criminal matter that he never completed.
As part of the heightened security measures put in place post 9/11, the Citizenship and Immigration Services performs background checks on U.S. citizens to see if there are outstanding warrants, such as the case above, but also they are looking for criminal convictions that have been completed. The Adam Walsh Act and other security measures that have been implemented prohibit U.S. citizens who have been convicted of sex crimes and a variety of security related crimes, from petitioning someone for a green card.
If the petitioner in a marriage-based case is a legal permanent resident (green card holder) with a criminal history, the background check can lead to deportation proceedings for the petitioner.
If the U.S. citizen or legal permanent resident petitioner has a criminal history, it is best to consult with an experienced immigration attorney before any documents are filed with the Citizenship and Immigration Services.
Audra R. Behné has a practice dedicated to immigration law and is a member of the American Immigration Lawyers Association and the Los Angeles County Bar Association, Immigration Division. Her main office is located at 14724 Ventura Blvd., 2nd Floor, Sherman Oaks, CA 91403 ● Tel. (818) 881-2155 ● www.audrabehne.com email: audrabehne@aol.com
This article is for informational purposes only and is not meant to provide legal advice in any specific case. Results may vary depending on the facts of a particular case. We make no prediction, warranty or guarantee about the results of any case, nor do we assume any legal liability for the completeness of any information and its impact on the results of any case. Each case is different and results depend on the facts of each case. Consult with and retain if you need legal advice.
Do you have a US immigration-related question?
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