+1-800-997-1228
Questions & Answers

With regard to an I-526 petition, when should the police certificate be obtained and filed?

When filing and I-526 petition for an investor who is outside of the country, when do we obtain and file the police certificate? Are there any timing issues that need to be considered?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Police clearance certificates are required at the second stage to conditional permanent residence which is upon approval of the I-526 during the consular processing of a foreign EB-5 investor to obtain their immigrant visa to the U.S. It is advisable to ensure there are no inadmissibility grounds based on criminal convictions (if any) prior to filing the I-526.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Before the representation of the EB-5 investor starts, one needs to determine whether there are any grounds of inadmissibility on the basis of a criminal conviction. The police certificates may disclose inadmissible grounds. The police certificate will usually be required to be filed with the applications for conditional permanent residency through the U.S. consulate.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    For consular processing, you will need the police clearance at the second stage of the permanent residence processing (after the I-526 is approved and when you are ready to proceed with the immigration visa processing). The only timing issue would be to make sure that the police clearance certificate is as recent and up to date as possible in line with the submittal of your immigrant visa application. Also, in certain jurisdictions or countries it may be time consuming to obtain the police clearance, so you want to plan ahead.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Police certificates are not required at the I-526 stage. They are submitted to the National Visa Center during the immigrant visa processing stage. Police certificates are either valid for six months or one year depending upon the country and type of police clearance.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is required to file for conditional permanent residency, which comes after approval of the I-526, which may take at least 12 months to obtain. So you have some time.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.