Background checks are extremely important because they help identify potential problems in your case and can help your attorney explain with precise detail any arrest, apprehension or problem that appears in your records.
There are a wide variety of background checks available and each can provide different information about your case. Some background checks will only provide your criminal history, while others might only provide information about your apprehensions at the border. It is very important to get all the necessary background checks in order to get a complete picture of your case.
Below are some of the most common background checks with information about their general purpose:
With a USCIS FOIA, USCIS may release your entire Alien File. Your alien file will often have copies of all applications that you have filed with USCIS and can also reveal details about removal proceedings and criminal arrests.
An OBIM FOIA will reveal information about any time that you have been printed by the Department of Homeland Security or the Department of State. A person is often printed after being apprehended by CBP or ICE, or after submitting an application for benefits like a tourist visa, green card or naturalization.
Similar to an OBIM FOIA, a CBP FOIA will reveal information about apprehensions or stops you have had at the border. This type of FOIA usually contains more detailed information such as whether you received an expedited removal order at the border.
An FBI report is helpful for revealing AKAs, criminal arrests and convictions and some immigration apprehensions at the border or by DHS.
State DOJ Reports
State DOJ reports like the CalDOJ for California can contain more accurate and detailed information about an arrest or conviction and are often required by USCIS and the Immigration Courts before proceeding on an application.
An EOIR FOIA will allow you to obtain the full audio recording of your removal proceedings and a copy of your entire immigration court file.
All of these records are useful, but just getting your records is of no use to you, if you or the person who requested them doesn’t know how to decipher or analyze them. Your background checks must be reviewed by a qualified attorney who can accurately read your reports and provide you with relevant advice for your case.
Our office has been successfully obtaining background checks for our clients for many years and in many cases the information provided by these checks have been crucial to the case. Call us at 714-624-5632 to determine what background checks are needed in your case.