With regard to an I-526 petition, when should the police certificate be obtained and filed? - EB5Investors.com

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Ed Beshara

Ed Beshara

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.