Does USCIS investigate prior illegal activities?

Yes. Under EB-5, USCIS (U.S. Citizenship and Immigration Services) conducts a thorough background check on the applicant, and that includes any prior illegal activities.

Because this category is investment-based and requires demonstrating the lawful source of funds, the agency carefully examines both the investor’s personal history and financial background. In practice, the review typically covers criminal records, financial history, and, when needed, additional checks to verify the information provided.

If there are indications of involvement in unlawful activities, or if the source of funds cannot be satisfactorily documented, that may weigh against the applicant’s eligibility. Similarly, discrepancies or omissions in the submitted documents can lead to delays or even denial of the petition.

• The review covers both the investor’s personal and financial background.
• Lawful source of funds is a central point of the evaluation.
• Full transparency in documentation reduces the risk of delays.

With that in mind, gather your documentation carefully and completely, and verify the current requirements with USCIS or a qualified specialist, avoiding any service that promises guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.