Mexican Girlfriend Living Illegally in US

[chipolopolo]

However, the OP did state that his girlfriend is using fraudulent documents which I presume is a criminal offence in the US so contacting FBI for a background check will alert them to that fact given she will need to disclose the name she has been living under for the check. What action they will take is anyones guess.

yes that will be the concern

 

[alemoo]

I was talking again with our immigration lawyer about her getting FBI and State background checks. How does she do this?
fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi

The page mentions her getting finger prints...so she has to be physically there...and say "Hi, I'm an illegal alien and I want to get a background check?" And she'll be arrested and deported? Or will they allow her to get the checks done as long as she tells them she has a specific date (in March) where she intends to move back to Mexico?

 

[Ponga]

I was talking again with our immigration lawyer about her getting FBI and State background checks. How does she do this?
fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi

The page mentions her getting finger prints...so she has to be physically there...and say "Hi, I'm an illegal alien and I want to get a background check?" And she'll be arrested and deported? Or will they allow her to get the checks done as long as she tells them she has a specific date (in March) where she intends to move back to Mexico?

Who is the `they' that you're talking about?

All she has to do is send a set of her fingerprints to the FBI. She can even take her own fingerprints (although NOT recommended, because most people are probably terrible at doing this). Have her go to any place that offers this service, which DOES include companies that are not in any way connected to law enforcement.

For state level PCC, some states don't even require fingerprints, but...why is your lawyer telling you that she needs anything more than the FBI PCC?
Generally, CIC will only request state level PCC if they deem it necessary.

 

[chipolopolo]

Who is the `they' that you're talking about?

All she has to do is send a set of her fingerprints to the FBI. She can even take her own fingerprints (although NOT recommended, because most people are probably terrible at doing this). Have her go to any place that offers this service, which DOES include companies that are not in any way connected to law enforcement.

For state level PCC, some states don't even require fingerprints, but...why is your lawyer telling you that she needs anything more than the FBI PCC?
Generally, CIC will only request state level PCC if they deem it necessary.

lawyers confuse you. CIC also has a list of recommended immigration lawyers. I had to do a FBI check becuase i lived in the usa. ALL i needed was the FBI check which in it self if you pass is one of the highest level clearances you can ever get. FBI has databases linked to interpol, and other wings, so its much bigger than a state clearance. I have seen though some people that needed state clearances too. I think it depends on the state, but perhaps some senior members can shed more light

 

[keesio]

Have her go to any place that offers this service, which DOES include companies that are not in any way connected to law enforcement.

Not only that, but private fingerprinting companies usually take better prints than your local police station. They often have better equipment and professionals who specialize in it.

 

[Alurra71]

All lawyers will tell you to get a state clearance and most will refuse to send your application in without it. The only time I think CIC will ask for a state clearance as well is if the FBI generates a hit but doesn't specify the charge and/or the disposition of said charge. Then it is up to the applicant to obtain a state police clearance that will give more details regarding the problem.

 

[alemoo]

Our lawyer seems pretty adamant about getting both the Federal and State fingerprints done. So we shall. Does this seem like an acceptable place to go? mokanfingerprint.com/ ...I haven't yet looked into what needs to be done after she gets the fingerprints. I'm assuming it would be better for her to get a second copy as she will be submitting a state level check as well?

 

[Alurra71]

Our lawyer seems pretty adamant about getting both the Federal and State fingerprints done. So we shall. Does this seem like an acceptable place to go? mokanfingerprint.com/ ...I haven't yet looked into what needs to be done after she gets the fingerprints. I'm assuming it would be better for her to get a second copy as she will be submitting a state level check as well?

There are individual ways to get them done based on what state she is in. The FBI fingerprint card and the state fingerprint cards are not usually interchangeable, or at least they were not when I had mine done in Michigan.

As I told you previously, a lawyer and/or consultant will demand they both be done, while not necessarily needed they insist

 

[Ponga]

However, the OP did state that his girlfriend is using fraudulent documents which I presume is a criminal offence in the US so contacting FBI for a background check will alert them to that fact given she will need to disclose the name she has been living under for the check. What action they will take is anyones guess.

Looks like it may be a non-issue:

The US Supreme Court ruled in 2009 that you will not be charged with identity theft if you are using false documents just to work.

[source]: http://blog.lawinfo.com/2009/07/01/supreme-court-decisions-made-in-the-2008-09-term/

 

[Alurra71]

Looks like it may be a non-issue:

The US Supreme Court ruled in 2009 that you will not be charged with identity theft if you are using false documents just to work.

[source]: http://blog.lawinfo.com/2009/07/01/supreme-court-decisions-made-in-the-2008-09-term/

I read that as well, Ponga, however, if you note the case they refer to the guy was only relived of another 51 months added to his already hefty sentence for using the documents to begin with. All she would have to do to tip the scales OUT of her favor would be to have applied for anything 'credit' related using that documention. A car loan, a personal loan or hell, even a loan from a buy here/pay here lot of some sort. There are many grey areas and because it was turned over once doesn't mean it will have application in every process. Of course, this was also on a federal level, there is still the state level violations of using a false identification to obtain work and/or goods.

 

[alemoo]

Who is the `they' that you're talking about?

I meant the FBI or local or state police. Because she is not legally living where she is. Her only current legally valid form of identification is her Mexican passport. She has no other legally valid identification that has her real name. So for example, if she walks into the police station to submit an application to get a State background check done or whatever it's called, wouldn't they realize that she is an illegal alien and detain her? Or can she mail the application and specify to return the results to her Mexico address, which is where she will soon be living?

 

[Ponga]

I meant the FBI or local or state police. Because she is not legally living where she is. Her only current legally valid form of identification is her Mexican passport. She has no other legally valid identification that has her real name. So for example, if she walks into the police station to submit an application to get a State background check done or whatever it's called, wouldn't they realize that she is an illegal alien and detain her? Or can she mail the application and specify to return the results to her Mexico address, which is where she will soon be living?

She will need to have her real identification to have her fingerprints taken (I believe). If she doesn't have anything with her real name on it, she may have no choice but to do it herself (which is NEVER a good idea, unless it's the only option).

She then sends the fingerprint card along with the FBI Identity History request to the FBI.

The FBI will mail the letter to the address that she provides, which CAN be back in Mexico.

You then include the original FBI letter with her application.



The process may be the same for the state check, but I'm not certain.

 

[alemoo]

Ok, well I emailed a company that provides public fingerprinting using the standard FBI card FD258. I clearly stated that her only valid ID is her passport and asked if that will be a problem. I wonder if a cover letter should be included in the application asking for the return address to be Mexico and stating that she intends to leave in 45 days. Again, just trying to avoid a scenario where she will get a special knock at her door one day.

 

[Ponga]

My bad; I didn't see that she still has her real passport. That should work.

 

[Ponga]

Ok, well I emailed a company that provides public fingerprinting using the standard FBI card FD258. I clearly stated that her only valid ID is her passport and asked if that will be a problem. I wonder if a cover letter should be included in the application asking for the return address to be Mexico and stating that she intends to leave in 45 days. Again, just trying to avoid a scenario where she will get a special knock at her door one day.

Cover letter for what?

She simply goes to the place that takes her fingerprints. They give her the card with her prints on the spot.

Then, she mails the fingerprint card and the FBI request application to the FBI. She can use her address in Mexico, since there is a 'mail results to' address that she can specify on the form.

As mentioned by Alurra71...If she did ANYTHING other than work under the fake name and SSN, she might have a real problem on her hands. Hopefully, she's being totally honest with you about that!