Objective:

To help immigrants understand and navigate the background check process that involves requesting and gathering information about their criminal and/or immigration history from seven different agencies.

Step 1: Initial Consultation and Information Gathering

• Purpose: To start the process by sharing your background details and understanding the importance of full disclosure.
• Actions:
  • Attend your appointment provided by your Legal Assistant.
  • Provide copies of all relevant documents, such as visa applications, criminal records, or any other legal documents.
  • Understand why it’s crucial to disclose all information honestly and how it could impact your immigration case.

Step 2: Sign Authorization Forms

• Purpose: To give legal permission for your Legal Assistant, to request your records from different agencies.
• Actions:
  • Review and sign the release forms prepared by your Legal Assistant that allow them to access your records from various government agencies.
  • Ask questions if you’re unsure about what you’re authorizing, so you’re fully informed.

Step 3: Identification of Agencies

• Purpose: To understand which agencies will be contacted to retrieve your records.
• Actions:
  • Learn about the seven agencies responsible for keeping records on your criminal and immigration history, such as:
    1. Federal Bureau of Investigation (FBI)
    2. Department of Homeland Security (DHS)
    3. U.S. Citizenship and Immigration Services (USCIS)
    4. Immigration and Customs Enforcement (ICE)
    5. State Department (DOS)
    6. Local police departments or law enforcement agencies
    7. National Crime Information Center (NCIC)
  • Understand the role each agency plays in your background check.

Step 4: Request Submission

• Purpose: To begin the process of retrieving your records from these agencies.
• Actions:
  • Your Legal Assistant will send requests to each agency on your behalf, asking for any records they have related to your criminal or immigration history.
  • Be patient, as this process can take some time depending on each agency’s procedures.

Step 5: Monitor Progress

• Purpose: To stay informed about the status of your background check.
• Actions:
  • Keep in regular contact with your Legal Assistant to get updates on the progress of the requests.
  • Understand that some agencies may take longer than others to respond, and your Legal Assistant will follow up if there are delays.

Step 6: Review Received Information

• Purpose: To ensure that all information received is correct and complete.
• Actions:
  • Once your records are received, your Legal Assistant will review them with you to check for accuracy.
  • If any errors or discrepancies are found, discuss the next steps with your Legal Assistant to address these issues.

Step 7: Discuss Findings and Next Steps

• Purpose: To understand how the information affects your immigration case and plan accordingly.
• Actions:
  • Meet with your Legal Assistant to go over the results of the background check.
  • Discuss any potential impacts on your immigration status and what actions you need to take (e.g., clarifying past criminal records or providing additional documentation).
  • Develop a plan with your attorney for how to proceed with your immigration case based on the findings.

Step 8: Finalize and Keep Records

• Purpose: To ensure all information is securely stored and accessible for future needs.
• Actions:
  • Make sure that all the documents and findings from your background check are kept in a secure location.
  • Ensure your attorney has a complete and secure record of everything in case it’s needed later in your immigration process.