If you are a legal resident in the United States, maintaining your immigration status securely is essential. A clean record and compliance with the law can help you avoid issues with U.S. Citizenship and Immigration Services (USCIS) that could jeopardize your Green Card or visa. Here’s a guide to the key checks you should carry out—based on the Immigration and Nationality Act (INA) and current practices—to help ensure peace of mind about your legal situation.
1. Criminal History Check
- Why: Crimes such as “crimes involving moral turpitude” (CIMT) or “aggravated felonies” (INA 237(a)(2)) can lead to deportation, even if considered minor.
- What to do:
- Request an FBI background check by submitting your fingerprints to the CJIS Division (fbi.gov).
- Obtain state and local police clearance certificates from places where you’ve lived (in Puerto Rico, go to the Department of Justice or Puerto Rico Police).
- What to look for: Arrests, convictions, or pending cases involving violence, DUI, theft, fraud, or crimes with sentences longer than one year.
2. Immigration History Check
- Why: Violations such as unauthorized work or overstaying a visa can impact your status.
- What to do:
- Request your complete immigration file from USCIS through FOIA (Form G-639 at uscis.gov).
- Review your travel history via the CBP I-94 system (i94.cbp.dhs.gov).
- What to look for: Illegal entries, overstays, or denials of immigration benefits.
3. Compliance with Residency Conditions
- Why: Living outside the U.S. for over 6 months without permission may be considered abandonment of residency (INA 101(a)(13)(C)).
- What to do:
- Review your travel records and ensure your Green Card is valid.
- If you were abroad for over a year, check if you obtained a Reentry Permit (Form I-131).
- What to look for: Extended trips or expired documents.
4. Tax and Legal Obligations
- Why: Failing to pay taxes or legal debts (e.g., child support) can affect renewals or naturalization.
- What to do:
- Request a tax transcript from the IRS (irs.gov).
- Check for any pending civil lawsuits.
- What to look for: Missing tax filings or legal penalties.
5. Good Moral Character
- Why: USCIS assesses your “good moral character” (INA 316) to maintain your status.
- What to do: Reflect on actions like lying on forms or affiliations with prohibited groups, and check public records if in doubt.
- What to look for: Behavior that could question your integrity.
Additional Steps
- Legal Consultation: An immigration attorney can analyze your results.
- Correction: If there are errors (e.g., an expunged record), resolve them with professional help.
- Documentation: Keep all reports as evidence.
Final Thoughts
These checks don’t exactly replicate internal USCIS reviews (which use IBIS, FBI Name Checks, etc.), but they give you a clear idea of your situation. In Puerto Rico, federal laws apply equally, and one wrong move can complicate your status. If you find anything concerning—such as an unreported arrest—an attorney can help explore options like waivers.
How to Simplify This Process? Trust Smart Screening!
Doing these checks on your own can be tedious and confusing, but you don’t have to do it alone. Smart Screening is your perfect ally in protecting your legal resident status. As the first background screening company on the island, Smart Screening offers:
- Fast Access: Results in less than 24 hours in 80% of cases, thanks to over 800 local and national databases.
- Local Expertise: Their team submits in-person requests when needed—something unique in Puerto Rico.
- Comprehensive Services: Criminal, employment, education history checks, and more—customized to your needs.
- Legal Compliance: Compliant with FCRA standards, ensuring accuracy and reliability.
Located at 1225 VIG Tower Suite 1404, Santurce, PR, you can contact them at (787) 779-9384 or via info@smartscreeningpr.com. Whether you need to confirm your history for a Green Card renewal or just want peace of mind, Smart Screening saves you time and effort with reliable, professional service.
Protect your status today with Smart Screening—the leading option in Puerto Rico!
At SmartScreening, we can help you run your own background check. Visit checkitpr.com or call us at (787) 523-4393.