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

Salvatore Picataggio
Immigration attorneysThe national visa center generally requires police certificates for any place you resided for at least 6 months.

Julia Roussinova
Immigration attorneysIf 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.).

Lynne Feldman
Immigration attorneysIf 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.

Marko Issever
EB-5 Broker DealersI 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.

Charles Foster
Immigration attorneysYou 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.

BoBi Ahn
Immigration attorneysEach 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.

Bernard P Wolfsdorf
Immigration attorneysYou need police clearances from all countries you have lived in for more than six months since age 16.

Robin J Gray
Immigration attorneysTo 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.

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

Mitch Wexler
Immigration attorneysFor 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.
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.