How Law Enforcement Records Can Impact H‑1B and I‑140 Petitions
Key Takeaways
- It has been reported that the Murthy Law Firm is seeing more USCIS inquiries triggered by any prior law‑enforcement contact, however old or minor.
- Typical USCIS steps are an RFE (Request for Evidence) asking the petitioner to schedule biometrics and a separate biometrics notice sent to the beneficiary; failure to appear can lead to denial.
- After biometrics, USCIS often issues a second RFE or a NOID (Notice of Intent to Deny) requesting certified arrest reports, court dispositions, and expungement orders.
- Even dismissed, expunged, or decades‑old matters can trigger scrutiny because USCIS systems cross‑check FBI criminal history databases.
- Employers and beneficiaries should gather certified records quickly, attend biometrics, and consult immigration counsel to prepare responses and mitigation evidence.
Background: No encounter is too old or too minor
It has been reported that the Murthy Law Firm has observed an uptick in cases where prior law‑enforcement contacts complicate otherwise routine petitions filed with USCIS (U.S. Citizenship and Immigration Services). USCIS routinely runs background checks that can match to FBI criminal history databases, and a match — even for arrests that ended in dismissal, no filing, or later expungement — can trigger further requests. Note that consular visa decisions and USCIS adjudications are separate processes; a previously issued nonimmigrant visa does not insulate an applicant from scrutiny during an I‑129 (H‑1B) or I‑140 (immigrant worker) adjudication.
USCIS process: biometrics RFE then record requests
When a potential law‑enforcement match appears, USCIS typically issues an RFE (Request for Evidence) to the petitioner asking that the beneficiary complete biometrics. The beneficiary receives the biometrics appointment notice directly at their last known U.S. address. Biometrics generally means fingerprints, a photograph, and associated identity verification. Missing that appointment can be treated as failure to establish identity or background and may lead to denial. After identity is confirmed, USCIS commonly follows up with a second RFE or a NOID (Notice of Intent to Deny) requesting certified arrest reports, official court dispositions (including dismissals, acquittals, deferred adjudications), and any orders vacating or sealing records so the agency can evaluate admissibility, eligibility, good moral character, and whether discretion should be exercised.
What this means for applicants and employers
Practically, these inquiries can add weeks or months to adjudication timelines, delay H‑1B start dates, hold up I‑140 approvals and priority date retention, and in some cases lead to denials or referral to consular processing or removal stages if admissibility problems are found. Employers are the formal recipients of petition RFEs, but the beneficiary bears the burden to provide complete criminal records and to attend biometrics. Applicants should not ignore a biometrics notice, and both employers and beneficiaries should promptly obtain certified court and police records, any expungement or sealing orders, and evidence of rehabilitation where relevant. Consulting an immigration attorney helps ensure responses meet USCIS documentation requirements and present mitigating evidence effectively — proactive legal counsel can materially affect the outcome.
Source: Original Article