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From where are police clearances required for EB-5?

It has been about 24 months since we filed our I-526. I am hoping this could be completed in the next few months and I want to start preparing the documents needed for change of status on the U.S. My wife, the principal applicant, is from India. I am not. We are both Canadian citizens and have resided in Canada and the U.S. for the past 21 years. Do we need police clearance from our country of origin and from Canada? Or just one of them?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The national visa center generally requires police certificates for any place you resided for at least 6 months.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you plan to adjust status in the US if eligible, then you do not need police clearances as USCIS will conduct background checks. If you plan to do the consular process for immigrant visas abroad, you will need police clearances from all countries where you resided for longer than 6 months since age 16 (except for the U.S.).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you are adjusting in the U.S., no police clearances needed. With consular processing, you need a police clearance from every country where you have lived for six months or longer since age 16. See the Foreign Affairs Manual Reciprocity Schedule from each country to identify what is needed. Some of these are only valid for a short time though, so do not get too soon.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I am afraid that you would need police clearances from all the countries you lived for over six months since the age of 16. I suppose that would include India, Canada and the U.S.

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    Charles Foster

    Immigration Attorney
    Answered on

    You need police clearances from your country, where you have resided as an adult, which would include Canada and perhaps another country, depending upon your age.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    For adjustment of status, police certificates are not required. USCIS does its own checks. Police certificates are required for "consular processing" from all countries (sometimes cities) the applicant lived in for longer than six months after the age of 16.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You will each need police clearances from all the places you have lived since you were 14 years old to now.

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    Robin J Gray

    Immigration Attorney
    Answered on

    To be safe, you should obtain police clearances from Canada, India and the U.S., if you have resided in Canada and the U.S. for the past 21 years.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need police clearances from all countries you have lived in for more than six months since age 16.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Each visa applicant (or adjustment of status applicant) 16 years or older is required to submit a police certificate from the police of each locality of the country of the applicant's nationality, current residence or where the applicant has resided for at least six months since turning 16. Police certificates are also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented. Police certificates must cover the entire period of the applicant's residency in any area.

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