For many U.S. citizens who have lived overseas for years—often decades—renewing their permanent residency permits in countries like Spain, Portugal, Italy, and Croatia can be a bureaucratic headache. One of the most frustrating requirements that some foreign authorities impose is the need for an updated FBI background check. While this might seem like a reasonable request on the surface, it often makes little sense for U.S. citizens who have not set foot in the United States since they originally left. Here’s why this requirement should not apply to them.
No Presence in the U.S. – No new U.S. Criminal Record
The purpose of an FBI background check is to verify whether an individual has a criminal record in the United States. However, if a U.S. citizen has been living abroad continuously and has never returned since their departure, it is logically impossible for them to have committed a crime on U.S. soil. Their last background check—likely submitted when they first obtained residency—already established that they had a clean record at the time. If they have been living in Spain, Portugal, Italy, or Croatia ever since, any criminal record they might have would be with the local authorities of their country of residence, not with the U.S.
Local Authorities are the relevant source of Criminal Records
If a country like Spain or Italy is concerned about an individual’s criminal activity, it should primarily rely on its own police databases, as well as European and international databases like Interpol. The local police in these countries track resident foreign nationals just as they do their own citizens. A U.S. citizen who has been legally residing in Spain for 10 or 20 years should be evaluated based on their record in Spain, not in the United States, where they have not been physically present.
Burdensome and unnecessary bureaucracy
Obtaining an updated FBI background check certificate from abroad is often a long and expensive process. It requires fingerprinting, notarization, apostille, and official translations—sometimes taking months to complete. This process places an unnecessary burden on long-term foreign residents who have already proven their good standing when they first applied for residency. Given that local authorities have all the necessary tools to verify a resident’s legal status, requiring an apostille FBI background check only adds unnecessary bureaucracy.
More Rational Approach to Residency Renewals
Instead of asking for a U.S. FBI background check, foreign authorities require a police clearance certificate from their own country. This would provide the most relevant and up-to-date information about a resident’s criminal history. Immigration policies should be designed to facilitate legal compliance, not create unnecessary roadblocks for law-abiding residents who have chosen to make a foreign country their home.
If you have any questions regarding the said requirements, you are welcome to contact our office.
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