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Last Updated On: May 20, 2024 | Published On: December 1, 2022
If you are seeking a family green card or marriage green card from overseas, one of the requirements is to obtain and submit a police clearance certificate for immigration clearance. The purpose of the police certificate is for U.S. Citizenship and Immigration Services to get an overview of your criminal background (if any), including any arrests and details about the law infractions in countries you have lived in prior. If you cannot obtain a police certificate or they are unavailable in your country, we share alternative solutions in this complete guide. The police certificate is one of many documents and forms that will complete an immigration application. With VisaNation, you won’t have to worry about any of this as our lawyers will create and review the application for you. Get started today!
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A police clearance letter for immigration is essential for U.S. immigration officials to get a summary of your criminal background and details of any infractions.
The National Visa Center (NVC) does not require police clearance certificates for everyone seeking immigration. This requirement is specifically for family members (16 years old and older) applying for a green card from outside of the United States. These individuals need to submit a copy of the police certificate to the NVC and take the original (or certified copy) along with them to the green card interview. Is your family member applying for a green card from inside the U.S.? They will need to submit police records instead of a police certificate.
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The following are those required to get a police certificate USA:
These are not required if you are going through an Adjustment of Status (I-485) within the United States.
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If you are applying for your green card from outside of the U.S., you will need an NVC police certificate from the following places, regardless of whether you were arrested in those countries:
Before submitting your police clearance certificate to USCIS, make sure it is less than two years old at the time of your green card interview. If you don’t submit the police certificate or other documents, your application will be incomplete and will likely be rejected. VisaNation ensures the completeness of our clients’ applications to save you time and money. Start your immigration journey today!
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You can determine where to obtain an NVC police certificate with the U.S. Visa: Reciprocity and Civil Documents by Country resource. First, select the country you are trying to obtain the records from on the left side column. Then scroll down the page to the Police, Court, Prison Records tab, and you will be shown the fees, issuing authority, and procedure for obtaining records. For example, if you select Albania, you will see the following information below.
All the information you need will be listed in this section for your country. If the guidelines say “unavailable,” then you should consult your lawyer on the best course of action. In some cases, you will need to submit a notarized affidavit explaining why you could not obtain the international police certificate.
Learn more about Visa Reciprocity.
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If you are trying to obtain records from inside the United States, you can contact the court where your case was handled. In addition, you can contact the police department where the crime or arrest happened. Other authorities to consult may include the following authorities :
If you need to obtain an FBI clearance certificate for immigration, you can do so by applying online, mailing in the FBI application and fees, or using an approved third-party agent. The Identify History Summary includes information kept by the FBI related to arrests and naturalization, military service, and federal employment, if applicable. Processing time for Identity History Summary requests submitted electronically is estimated to be three to five business days upon receipt of the fingerprint card. Allow additional time for mail delivery if you selected this option during the request process. After you obtain the certified police and court records, please submit them to USCIS. If you cannot obtain the appropriate court records, always consult your attorney first and foremost. They may advise you to create a notarized affidavit explaining why the records are not available.
In the event that you have contacted local authorities and the country’s guidelines state that the records are unavailable, you should write up a personal (notarized) affidavit explaining your situation and why you could not get the police clearance. Discuss this further with your attorney.
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Below you will find answers to the most commonly questions that our attorneys are asked.
How long is a police certificate USA valid?
As of June 15, 2021, the U.S. State Department has extended the validity of police certificates to 2 years. See 9 FAM 504.4-4(A) and NVC Immigrant Visa Process–Step 7. Collect Civil Documents.
Do I need to submit a police clearance certificate if I have never committed a crime?
Yes, even if you do not have a criminal past, if you are a family member seeking a green card from outside of the United States and are 16 years old or older, you must submit an international police certificate.
How recent does the certificate need to be?
It needs to be less than two years old. New ones are required under the following conditions:
According to authorities, you are not required to renew a police clearance letter from your previous country of residence if you have not travelled to that country after the date of the issuance of such letter.
How do I get a police visa certificate?
First, go to the U.S. Visa: Reciprocity and Civil Documents by Country resource page. Then, in the left-hand column, select the country you are trying to obtain the records from. Next, scroll down the page to the Police, Court, Prison Records tab, and you’ll see:
After you obtain the certificate, submit it to the NVC.
How can I get a police certificate if I am from India but not currently in India?
You can get clearance from a local Indian consulate. The consulate or embassy will check with the authorities in India where you were living and then can issue the police clearance certificate. This route may take time so it may be faster to contact or have someone living in that city get the certificate on your behalf.
What should I do if my certificate is not in English?
If your certificate is in a language other than English, you should submit a certified English translation along with it.
Should I hire an immigration attorney to help me?
We strongly recommend having a qualified professional review any case you have with immigration to ensure the paperwork is complete, and accurate and to avoid delays in the process!
Obtaining all the proper documents to submit to USCIS can be time-consuming and strenuous. Even minor mistakes can end up causing lengthy delays so it's always best to have you case thoroughly reviewed by an immigration attorney. Schedule a consultation today to get started!
Tags: Immigration Forms, police clearance