EB-5 FAQ

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What is the USCIS background check?

USCIS requires all immigrants to the United States to go through background checks. Some 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 Customs and Border Patrol 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. 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,” i.e., no adverse information against you appears based on various databases such as the U.S. and foreign law enforcement authorities, security agencies and the U.S. State Department and Consular Offices.

 

For EB-5 applicants, USCIS also checks various Treasury Department databases to see if you are involved in or suspected of money laundering or other financial crimes.

 

Above all else, the U.S. government wants to be certain that they are not admitting anyone with a serious criminal history or is a U.S. national security risk. It also wants to prevent giving immigration benefits to someone that has made misrepresentations or committed fraud to gain entry to the U.S.

 

Not every crime or immigration violation makes you inadmissible, so it is important to talk to an experienced immigration attorney to find out if you qualify for EB-5.