A common question arises from person seeking assistance from an immigration attorney in order to apply for a green card, the question is ‘why do I need to have a criminal background check done?’ A number of persons find this a puzzling request from the immigration attorney as shown by the following example:

“I am in the U. S. on a work visa which I obtained after attending and graduating from a school and college in the U. S. I recently married a U. S. citizen and we are consulting an attorney to assist me in applying for a green card. The attorney insists that I need to have a criminal records check done. However, I do not understand why, further, I have not committed any crimes. After reading the instructions to the Form i- 485, Application to Register Permanent Residence or Adjust Status, the USCIS requires court or arrest records if an applicant has actually been arrested, which I have not. Therefore, do I really need to have a criminal check done or does my attorney think that I am a criminal?” This article will address the answer to this question with comments provided by an attorney and spokesperson for the Herman Legal Group.

The attorney from the Herman Legal Group stated that “it is not uncommon for immigration attorneys to request a client to provide a criminal background check as a matter of policy despite the fact that Form I-485 only require such submissions from an applicant with the history of arrests. This is policy in a number of immigration law firms not necessarily because the immigration attorney does not trust his or her client but because of some experience the attorney may have had in the past.”

Another article stated that, “almost every immigration attorney has a story of a client who seems like a perfectly honest, law abiding member of society, who claimed to have no criminal record - but then USCIS came up with information showing an arrest or conviction”. It must be noted that such information would be discovered at the interview where the applicant is hoping for approval of an immigration benefit such as lawful permanent resident status or U. S. citizenship. The article went on to mention that ‘the discovery of such important information in the attorney’s client file is a big problem. Not only is it embarrassing for the attorney as well as the client to be caught in what looks like a lie, having submitted an application stating that the person has no criminal record, such a situation will not only delay the case but gives the USCIS grounds to deny the application.

It is a common feature that some immigrants do not realize that even the smallest issue on their record is of great significance to their application for a green card or other immigration benefits. For example, the immigrant may remember having to go to court and that the lawyer took care of things and he or she never had to serve time in prison, not realizing that he or she pled guilty to a lesser charge in order to avoid jail time.

Therefore, a request for a background criminal check by an immigration attorney is in order for the immigration attorney to know all the facts of your case and provide the best possible service for immigration in Detroit.

About the company:

The Herman Legal Group is a law firm of renowned professionals who specialize in immigration law and have a Michigan immigration office which has a 24/7 service policy.