What is the process of background check in relation to your AOS application? I understand they will get your FBI file and what's the next? Do they have to send your file to the country where you came and do background check there? Any input is very much appreciated.
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alannbert, brownfox , mohan and bushmaster
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I really don't have vast knowledge in this kind of topic.I'm pretty sure there are people who are fortunate enough to know more in this category.There are so many changes since 9/11. I guess if you file for your AOS they will look at your FBI record if you have any run in with the law.Then your file will be sent to the consulate of your home country and I think it will be turned over to the CIA.
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first they will check if you have any criminal records locally here in the US usually through th FBI. usually if you are not from a muslim country or an active al-queda host country FBI is the last stop of background check. If you have a name similar to a known fellon, they need to check some more like interpol and country of origin checks. To sum it up, its a case to case basis. If your in some record or file it may show up.
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INS will request a certificate of conduct from certain countries (mostly ally or trusted countries) where the INS trusts the criminal records kept on individuals and a national background check (anybody arrested and fingerprinted in the U.S. is in a waste F.B.I. data base). More serious criminal activities overseas are also kept in a C.I.A./interpol etc. data file.
If INS did not request this file from your last residence or native country, they'll investigate on their own and compare your I.D. with their files.
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I just have my FBI and no record on file. I got my NBI too and no record on file. Do you think the background check will just stop at the FBI check? I'm just worried because I was arrested 20 years ago in my home country for not so serious crime and I am in a process of adjusting my status.
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The way I understood you can adjust your status while your background check is still going on. Your background check will start with your FBI file and your biographic information will be sent back to the consulate where you came from. If you have no file on record then you are on your way to your greencard.But if there's a record they will investigate and if your AOS was approved it will be cancelled.I think they will check the file from your country's immigration service if there is a hold order under your name.
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I have a good friend who was arrested for political reasons by Stasi (East German Secret Service) in a third country (another commie country, whose intelligence was being aided biy the east germans).
Than was back in the late 70's
And it did show in his INS file, whe he became USC a couple of years ago.
Amazing but true.
Due to the nature of that arrest, it was not a problem for the INS.
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