Do I have to go through an extensive background check when applying for an EB-5 visa? What information is USCIS concerned with?
Your background is investigated after the I-526 petition is approved. You will need to provide documentation regarding your health, criminal history, residences, etc. An immigration attorney will guide you through the requirements.
The USCIS is concerned about your previous arrests, charges and final disposition. In addition, they need to have an indication of what is the possible punishment facing the investor.
There are multiple grounds for inadmissibility to the U.S., such as criminal grounds, certain health-related grounds and others. The background and security checks include collecting fingerprints and requesting a name check from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants. You should have a consultation with an experienced EB-5 immigration attorney to review your specific circumstances before filing for an EB-5 visa.
Yes, all potential immigrants to the United States go through extensive background checks. Some of the checks are done by USCIS, some are done by the Department of State when you apply for a visa and some are done instantly by CBP when you arrive and seek entry into the U.S. These include searches in various criminal and national security databases, a fingerprint check and an FBI name check. For EB-5 applicants, it is not uncommon for USCIS to also check you against OFAC, FinCEN and other treasury department databases to see if you are involved in or suspected of money laundering or financial crimes. Sometimes USCIS or the Consulate will send investigators to investigate your source of funds, the existence of your businesses or to verify other information, though this level of scrutiny is rare and usually only happens if there is a question about something you submitted. The U.S. government wants to be sure that they are not letting anyone into the country that has a criminal history or poses any other threat to U.S. national security. They also want to make sure you do not have previous immigration violations and that you are not getting an immigration benefit as a result of fraud or misrepresentation. Keep in mind that not every crime or immigration violation makes you inadmissible, so it is important to talk to an experienced immigration attorney to find out if EB-5 is right for you.
Like all applicants for any immigration benefit, particularly for an immigrant visa, there will be a security check. Your name, date, place of birth and fingerprints will be run against a database maintained by the FBI to make sure there are no "hits", meaning that no adverse information against you pops up based upon the various databases such as the United States and foreign law enforcement authorities, security agencies and the U.S. State Department and their various Consular Offices. You must also show on your immigrant visa application that you have not committed a variety of negative acts.
Thank you for your immigration question. The United States Department of State and the Department of Homeland Security conduct extensive background checks before granting a visa. These checks include securing police records from countries that you have lived in for more than a brief period since you were 16 years old. Additionally, there are extensive FBI checks, USCIS checks and other DHS-related background checks that are run using an applicant fingerprints, name, date of birth, etc. You will be thoroughly vetted.
Typically, background checks are name checks against various computer databases of the U.S. Department of Homeland Security, the FBI and other government agencies. The background checkers are primarily concerned with identifying applicants who may pose a threat to national security or who are on various watchlists maintained by the U.S. government. The applicant's name, date of birth and country of birth (or origin) are checked. If there is a "hit," the file will go to an analyst or other government employees to either clear the "hit" by confirming that the applicant either is or is not the person on the list. Background checks rarely delay the processing of immigration applicants unless the applicant's name or a similar name appear on the list. Then, additional administrative processing is required and a delay will result.
There are many grounds of inadmissibility ranging from criminal issues, health issues and issues related to membership in restricted organizations. If you have specific problems in these areas, it is good to consult with a qualified lawyer first to define if you are admissible or not. Even if you are inadmissible, you may be eligible for a waiver.
There are several issues that USCISwhile working with other agencieswill look into in both the United States and overseas. No one can provide a complete checklist however, some issues that will be investigated include crimes, the source of investment funds, etc.
USCIS does an Interpol and FBI search for any criminal history which would prevent the applicant from being eligible for permanent residence.
