A police certificate is an official document that provides a comprehensive history of any arrests, along with the reasons and outcomes for those arrests, for an individual residing in a specific region. For those applying for a family-based or marriage-based green card from outside the United States, it is mandatory to procure a police certificate from each country where you have resided in the past, regardless of whether you have a criminal record there.
Even if you possess a criminal record, you may still qualify for a green card. However, it is crucial to be aware of the specific immigration regulations that apply to applicants with criminal backgrounds. Understanding these nuances can significantly impact the success of your application.
Police Clearance Certificate Requirements for Green Card Applicants
Who Needs to Submit a Police Clearance Certificate?
Applicants applying for a green card from abroad must provide a photocopy of their police clearance certificate to the National Visa Center (NVC) and present the original or a certified copy at their green card interview. This requirement differs for family members applying from within the United States, who are instead required to submit police records, not a police clearance certificate.
Individuals aged 16 and above must submit a police clearance certificate from each of the following, regardless of arrest history:
- Your country of nationality, if you resided there for at least six months at any point in your life.
- Your current country of residence if it differs from your nationality and you've lived there for at least six months.
- Any country where you've lived for at least 12 months after turning 16.
Additionally, you must provide a police clearance certificate from any location worldwide (excluding the United States) where you have been arrested for any reason.
Currency of the Police Clearance Certificate
A police clearance certificate must be less than two years old at the time of your green card interview. You must obtain a new certificate if all the following conditions apply:
- The certificate is more than two years old.
- You still reside in or have returned to the country of issuance.
- You are over 16 years old.
Language Requirements for Police Clearance Certificates
If your police clearance certificate is issued in a language other than English, you must submit it alongside a certified English translation. This ensures that all documentation can be clearly understood by immigration officials, thereby avoiding potential delays in processing your green card application. Ensuring that your police clearance certificates are up-to-date and properly translated is crucial for a smooth application process, as any discrepancies or missing information can lead to significant delays or even denials in your case.
How to Obtain a Police Clearance Certificate
Procuring a Police Clearance Certificate
You can secure a police clearance certificate from the designated issuing authority in each country where you've resided. To find the specific details for obtaining this certificate, visit the U.S. Department of State’s website. There, navigate to the 'Police, Court, Prison Records' section by selecting the first letter of your country’s name from the list and clicking on your country. This section provides vital information including the name of the issuing authority, the current fee, and the necessary procedures to acquire the certificate.
Guidance for Unavailable Police Certificates
If you are unable to obtain a police clearance certificate and the U.S. Department of State’s website states that such records are "unavailable" for your country, you are required to submit a notarized personal affidavit. This affidavit should be a detailed written statement explaining the reasons why the police clearance certificate could not be obtained.
Ensuring that you follow these steps correctly is crucial for meeting the requirements of your immigration process. In cases where certificates are available but difficult to obtain due to procedural challenges, it's important to document these efforts in your affidavit to aid in the transparency and efficiency of your application process. Remember, a thorough and well-documented approach can often streamline your interaction with immigration authorities and facilitate a smoother application review.
Last Updated 09/10/24 11:39:10AM