Yes, a background check reveals immigration status, although indirectly. Citizenship, genealogy, and personal history are featured prominently within the reports, though it’s worth mentioning that the results won’t explicitly mention that the subject is an immigrant.
There is no dedicated category that states a definite ‘Yes’ or ‘No’ answer, so if you are curious about this, then you will need to piece it together from less obvious details. For example, the place of birth is often a big giveaway, and let’s not forget that the answer depends heavily on the type of report that you’ve requested.
Background check services gather information from various public sources. However, if the data is only available offline, the corresponding fields will be left blank in the report. You also won’t find any indication about the subject’s immigration status if you’ve asked for a criminal record check unless the person has been charged with regards to immigration.
Legal Implications of Doing a Background Check on Immigration Status
Bear in mind that you aren’t allowed to look up a person’s immigration status if it involves any sort of decision-making. It’s okay to do so if you are a cautious neighbor or a curious roommate, but conducting a background search when considering them for a particular opportunity – the most obvious being when hiring for a job – and basing a decision on the resulting information could land you in trouble.
The situation is especially sensitive for employers screening candidates for a position. Companies are legally obliged to ask the person’s permission before conducting a background check, and even then, the involvement of a professional agency is required as public record search engines don’t qualify as trustworthy sources in this matter.
On the other hand, employers are required to check the immigration status of their future employees because hiring illegal immigrants is against the law and has serious legal implications.
Can an Illegal Immigrant Pass a Background Check?
Yes, an illegal immigrant can pass a background check. In fact, it’s one of the requirements for going through a legalization process. Fortunately for immigrants, revealing illegal entry to the country is incredibly difficult, considering background checks are limited to data available in American government databases.
In other words, there’s no information about an immigrant when they enter the country for the first time – illegally or otherwise. Additionally, background checks aren’t able to tell whether the immigrant has any criminal records in their home country.
However, illegal immigrants can still be deported unless they earn legalization. Having said that, deportation status rarely shows up in a background check when someone attempts to come back to the country after being forced to leave.
The Best Background Check Services of 2023
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- Does a Background Check Reveal Immigration Status?
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- How Long Does a Background Check Take?
- How Much Does a Background Check Cost?
- Is a Background Check Legal?
- What Information Does a Background Check Show?
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