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What are my options if I cannot get a police clearance certificate from my home country?

I am an EB-5 investor and am preparing for the EB-5 visa interview. The checklist provided by the National Visa Center requests a police clearance certificate, but I was unable to obtain it because the Ministry of Interior of my home country did not want to reveal the information. I have informed the NVC of the issue, and they asked me to attach a document from the Ministry of Interior stating that they were not willing to give me the certificate. My concern is, what if I am not able to get such a statement either? Do I have any other options?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Reciprocity tables for specific countries that are maintained by U.S. DOS will show whether or not police clearance certificates are available and obtainable from specific local agencies or departments. Your attorney should be able to guide you how to obtain it. If a document is truly unobtainable, then the applicable local agency or department should be able to explain why in writing.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you have evidence from your home country that you did not obtain a police clearance, you should attach your document from the Ministry of Interior stating so. The National Visa Center is very familiar with conditions in the various countries, in terms of whether or not the applicant can readily obtain a police clearance.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I can see how this could be frustrating. You should certainly try to get the document before going to the interview. Is there any way you could document that you have tried to get the document but could not? Keep copies of all your correspondence with the Ministry of Interior and try to document that you have tried to get the police clearance certificate but could for reasons beyond your control.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the State Department indicates it is generally available, you have to prove you have tried by sending certified mail requests and if they do not reply, then you have to provide reasonable evidence that it is not available. Waivers are not easy to get unless you can show that the document is truly unavailable.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you can show that you requested it, perhaps the U.S. consulate/embassy will accept that. But if not, and your country is simply not cooperating, the U.S. may not allow you to immigrate.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Sometimes, showing that you at least tried to get the document, but could not due to circumstances beyond your control, is enough. I've seen it done for green card applications here in the States (adjustment) and in naturalization cases.

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