When applying for an immigration benefit, such as adjustment of status (a green card) or naturalization, USCIS requires applicants to disclose their criminal history. This includes arrests, citations, any charges, prosecutions, and convictions, regardless of how minor or old the incident may be.
Many applicants feel unsure or anxious about answering these questions and may wonder: Do I really have to disclose everything? The short answer is yes. In this article, we will explain what must be disclosed and why full transparency is critical.
- You must fully disclose all criminal history to USCIS, including arrests, citations, charges, court proceedings, and convictions, even if old, minor, expunged, or outside the U.S.
- USCIS conducts extensive background checks using fingerprints and FBI name checks, so failing to disclose incidents can lead to denials or fraud findings.
- If you have a record, gather official documents and consult an immigration attorney to ensure proper disclosure and reduce delays or complications.
USCIS Background and Security Checks
Every applicant applying for an immigration benefit is subject to extensive background and security checks conducted by USCIS.
These checks typically include:
- Fingerprint-based criminal background checks
- “Name checks” through the Federal Bureau of Investigation (FBI)
- Additional inter-agency security screenings
USCIS uses these tools to verify your identity and determine whether you have any criminal or security-related issues that may affect your eligibility. The security checks must be completed and cleared up before your application can be approved. In some cases, if additional review is required, these checks can also result in delays while USCIS verifies information with law enforcement or other government agencies.
How USCIS Conducts Criminal Background Checks
Before your application is adjudicated, USCIS will schedule you for a biometrics appointment. At that appointment:
- Your fingerprints are collected
- Your photograph and signature may also be taken
- Your fingerprints are submitted to the FBI and other databases
These fingerprints are used to check for any criminal history associated with your identity. Your fingerprints are generally valid for 15 months. If your case takes longer to process, USCIS may require you to attend another biometrics appointment to update your background check results.
What Must Be Disclosed?
When completing your application, you must answer all questions about your criminal history truthfully and completely. You must include information related to your criminal history even if it occurred outside of the United States.
This includes:
- Arrests (even if charges were dropped or not filed)
- Citations or tickets (Depending on the type. If the ticket involved alcohol or drugs or resulted in criminal charges you will need to disclose it)
- Charges or criminal accusations (even if they were dismissed)
- Court proceedings
- Convictions, including expunged or sealed cases in some situations
Why Full Disclosure Matters
Honesty is critical in the immigration process. Failing to disclose an incident, even a minor one, can lead to:
- Delays in processing
- Requests for additional evidence (RFEs)
- Denial of your application
- Allegations of misrepresentation or fraud, which can have serious immigration consequences
It is important to understand that omitting information will not prevent USCIS from discovering it. Because USCIS conducts its own background checks, any undisclosed incident may be uncovered and raise concerns about your credibility.
What Records Should You Obtain?
If you have any criminal history, it is important to gather official documentation before filing your application or attending your interview. These documents may include:
- Certified court dispositions showing the outcome of each case
- Police reports (if available)
- Proof of completion of any required conditions (fines, probation, classes)
- Final dismissal or acquittal records
Having these documents ready can help avoid delays and allow you to respond quickly to any USCIS requests. Being organized and prepared can also help your interview process go more smoothly.
Talk to an Immigration Attorney About Your Criminal Record
Disclosing your criminal history to USCIS can feel intimidating, but transparency is essential. In many cases, certain offenses may not disqualify you, but failing to disclose them can create far more serious problems than the underlying issue itself.
If you are unsure whether something needs to be disclosed, it is safest to err on the side of disclosure and consult with an immigration attorney if needed. At Scott Legal, we understand that navigating the immigration process with a criminal record can be overwhelming. Our team can help you review your history, gather the appropriate documentation, and guide you through the application process to avoid unnecessary delays or complications. If you are considering applying for an immigration benefit and have concerns about your record, we are here to help you move forward with confidence.
