News & Insights

1. Will USCIS Discover My Foreign Arrest?

• USCIS has access to various databases, international agreements, and security resources, which may reveal arrests or criminal records from other countries.
• During the application process, you are required to disclose any prior arrests or convictions, regardless of where they occurred.

Key Points:

• Biometric and Background Checks: USCIS conducts checks through agencies like the FBI, INTERPOL, and other global databases.
• Honesty Is Crucial: If you fail to disclose an arrest and USCIS later uncovers it, it could be seen as fraud or misrepresentation, jeopardizing your application.

2. How Does USCIS Evaluate a Foreign Arrest?

• USCIS reviews the nature of the offense, whether it is considered a “crime of moral turpitude” under U.S. immigration law, and how it aligns with the grounds of inadmissibility or removability in the Immigration and Nationality Act (INA).

Factors Considered:

• Severity of the Offense: Minor infractions may not impact your application significantly, but serious crimes, such as violent offenses or drug trafficking, could lead to inadmissibility.
• Rehabilitation and Time Passed: Evidence of rehabilitation and the time elapsed since the arrest are important factors.
• Relevance to U.S. Law: USCIS assesses how the foreign offense translates to U.S. law.

3. Possible Outcomes If USCIS Finds Out About the Arrest

• Request for Evidence (RFE): USCIS may issue an RFE asking for detailed documentation about the arrest, including police reports, court records, and disposition documents.
• Denial or Delays: Depending on the severity and nature of the offense, USCIS could deny your application or delay processing while conducting additional checks.
• Grounds for Inadmissibility: Some crimes may trigger grounds for inadmissibility or removability under INA §212(a) or INA §237.

4. How to Handle the Situation

Be Transparent and Proactive:

• Disclose Arrests Honestly: Include details of the arrest on your application forms, even if the charges were dropped or expunged.
• Provide Documentation: Submit certified records of the arrest, including a statement explaining the circumstances and any proof of rehabilitation or character references.

Seek Legal Assistance:

• If your case involves serious charges or you are unsure how your arrest might impact your application, consult an immigration attorney.
• An attorney can help present mitigating factors and argue why the arrest should not affect your eligibility for immigration benefits.

5. What to Expect During the Asylum Process

• USCIS will evaluate the arrest in the context of your claim.

Key Considerations:

• Relevance to Your Case: USCIS will consider whether the arrest was related to the persecution you suffered or if it was politically motivated.
• Criminal History vs. Credibility: A foreign arrest could impact the credibility of your asylum claim if not disclosed or adequately explained.