False background check nightmare

[corvusheart 163]

Hi everyone. I'm hoping someone may have an answer to this question. Hubby went for a job interview and received a conditional offer of employment they had to run a background check. No problem his record is completely clean. When the background check came back it came back with a charge in Kansas with possession of meth in August 2012. We were flabbergasted. This is completely false. First he's never been to Kansas and second he hadn't even ever visited America yet at this time. Also when he moved in with me after he immigrated our apartment complex ran his background check and it came out clean. When he had jobs in the past in the last couple years in America and he had background checks conducted they came out clean. Also he passed AOS and they would have conducted the strictest background checks and he was approved with no problem. I'm worried that this background check conducted by this job is going to screw up his immigration process for ROC and N-400. We filed a dispute with the background check company but it'll take them 30 days max to do anything. The background check company is First Advantage. I'm scared of ICE breaking down the door over this.

[corvusheart 163]

Should we wait out the dispute process? Do we need to get a lawyer involved? Is this going to harm his N-400 application and ROC?

[Going through 5,668]

Sounds like his name was the same as someone else who actually committed that crime.  If you submitted bio-data (past addresses/SS#/birth date) with your dispute claim, should clear things up quickly for the prospective employer.

 

Background checks conducted by employers have no bearing on background checks conducted by USCIS.

[corvusheart 163]

The background check company just had him scan his state id and email it to them. It'll take 15 to 30 days to clear. The company will hold the job till it clears. Can't uscis see though that an LPR failed a background check?

[Going through 5,668]

1 minute ago, corvusheart said:

The background check company just had him scan his state id and email it to them. It'll take 15 to 30 days to clear. The company will hold the job till it clears. Can't uscis see though that an LPR failed a background check?

USCIS relies on their own background checks through their own databases/FBI when adjudicating the ROC and N400.  A prospective employer's background check through an agent company is not going to matter one way or the other when it comes to his immigration process.

 

Good news is that the company will hold his position for him while the mess gets sorted out.

[Californiansunset 332]

5 minutes ago, corvusheart said:

The background check company just had him scan his state id and email it to them. It'll take 15 to 30 days to clear. The company will hold the job till it clears. Can't uscis see though that an LPR failed a background check?

USCIS background checks are way more thorough than the ones that employers do. That's why some people with common names can have months of pending background checks for their Adjustment of status. I wouldn't worry about it too much. This background check company clearly couldn't distinguish between two different people with the same name. 

Edited May 10, 2018 by Californiansunset

[corvusheart 163]

I literally found the guy on the Kansas department of corrections website. He looks nothing like my husband but has same name and birth date.

Edited May 10, 2018 by corvusheart

[corvusheart 163]

When we did AOS he was approved in less than a year with no interview or RFE.

[CarlHamilton 252]

4 minutes ago, corvusheart said:

but has same name and birth date.

That's what did it.  This sucks, but it's not an immigration issue.  I don't see the causal link between this private check and ICE showing up at your door. 

Edited May 10, 2018 by shomer

[corvusheart 163]

13 minutes ago, Going through said:

USCIS relies on their own background checks through their own databases/FBI when adjudicating the ROC and N400.  A prospective employer's background check through an agent company is not going to matter one way or the other when it comes to his immigration process.

 

Good news is that the company will hold his position for him while the mess gets sorted out.

So him getting a bad false background check from an employer won't ping on the USCISs background check?

[CarlHamilton 252]

1 minute ago, corvusheart said:

So him getting a bad false background check from an employer won't ping on the USCISs background check?

No.

[Going through 5,668]

1 minute ago, corvusheart said:

So him getting a bad false background check from an employer won't ping on the USCISs background check?

No. Background checks done by an employer and background checks done by USCIS/FBI database are not tied together in any way.

[corvusheart 163]

I mean will the uscis background check be able to detect a failed bad background check that an employer conducted? Sorry if my concepts are confusing.

Edited May 10, 2018 by corvusheart

[randomstairs 262]

7 hours ago, corvusheart said:

I mean will the uscis background check be able to detect a failed bad background check that an employer conducted? Sorry if my concepts are confusing.

Will USCIS find out about his employer's conducting the background check and the result of it? No, unless he tells them about it for some reason.

 

But because of this unfortunate coincidence he may want to consider doing the criminal clearance in Kansas (DoJ in Kansas perhaps?) or FBI clearance if a similar issue with employers arises again. He'll be totally okay with immigration though, as others also stated. 

Edited May 11, 2018 by randomstairs

[Orangesapples 1,954]

This has no bearing on his status because the USCIS background checks are much more accurate than those conducted by a private company. The company cannot legally refuse to hire him based on the results without giving him notice and letting him dispute the results, just keep that in mind. So he should contact them as soon as possible.