Criminal Background Checks in the United States

1st FBI Director J. Edgar Hoover

If you are applying for a foreign visa, permanent residency, or citizenship, you may be required to provide a background check. The specific requirements for background checks vary from country to country, so it is important to check with the embassy or consulate of the country you are applying to for specific information.

In general, there are two types of background checks that are commonly required for foreign visas, permanent residency, or citizenship:

  • State-level criminal background checks: These checks search the criminal history database of the state where you reside or last resided.
  • FBI background checks: These checks search the FBI’s National Crime Information Center (NCIC) database, which includes records of arrests, convictions, and dispositions from all 50 states and the District of Columbia.

The specific requirements for background checks also vary depending on the purpose of your visa. For example, if you are applying for a student visa, you may only need to provide a state-level criminal background check. However, if you are applying for a work visa, you may need to provide an FBI background check. Again, the specific requirements vary from country to country and depend on the purpose of your application.

It is important to bear in mind that the FBI background check is based on your name, date of birth, and fingerprints. The application can be easily filed online on the website of the FBI. Once the application is submitted, the fingerprints can be either mailed in or submitted via a participating USPS office.

The FBI generally issues the background in about 2-3 weeks. However, in most cases, you would also need to get it apostilled or authenticated at the federal level, which currently takes up to 2-3 months. That is why it may a good idea to check if a state-level background check would be acceptable instead of a federal FBI check.

Unlike the FBI background check, state-level background checks are based solely on state police databases. Moreover, many states do not require fingerprints to issue background checks, as the searched is based on your name and date of birth. Some states offer both fingerprint-based and name-based background checks, so make sure to check with the destination immigration agency or consulate if such background checks would be acceptable.

Most countries will also require your background check to be duly legalized. If the country is an Apostille Convention member, you would need to obtain an apostille.
An apostille is an official certification that a document is genuine. It is required by some countries as a way to verify the authenticity of a document.

If the country is not a member, the document would need to undergo chain legalization. For most countries, this means getting the document authenticated at both the state and federal levels (federal documents, such as FBI background checks, only need to be authenticated at the federal level) before getting it legalized with the respective country’s embassy or consulate. Some countries, such as Vietnam, only require state-level authentication. China, which is in the process of transitioning to becoming a member of the Apostille Convention, requires both state and federal authentication for documents issued in states within the Chinese embassy’s jurisdiction (generally encompassing the South and Mountain States), but only state-level authentication is required if the document originates from the jurisdiction of any of the other Chinese consulates (New York City, Chicago, Los Angeles, or San Francisco). If you are not sure what to do, feel free to contact us, and one of our specialists will be more than happy to assist you.

The process of getting a background check for a foreign visa, permanent residency, or citizenship can be time-consuming and expensive. However, it is important to comply with the requirements of the country you are applying to in order to avoid delays or denial of your visa application.

Here are some additional tips for getting a background check for a foreign visa:

  • Start the process early. It can take several weeks to get a background check, so it is important to start the process early.
  • Check with the embassy or consulate of the country you are applying to for specific requirements.
  • Be prepared to pay the required fees.
  • Make sure that your background check is apostilled, if required.

A&M Logos International has over 30 years of experience dealing criminal background checks for use abroad. Call us today at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply through our website.

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