As part of the immigrant visa (green card) application process at the US embassy or consulate, each applicant aged 16 or older must submit police certificates. For the country of the applicant's nationality, the applicant must obtain a police certificate from the police authorities of each locality in that country where the applicant has lived for more than 6 months since the age of 16. The applicant must also obtain a police certificate from every other country where he or she has lived for more than 12 months. Finally, if the applicant was ever arrested for any reason at any age, he or she must obtain a police certificate regardless of how long they lived there. Please note that police certificates from certain countries are unavailable. Present and former residents of the United States are not required to obtain any police certificates covering their residence in the United States.
Police certificates must cover the entire period of the applicant's residence in that area and state what the appropriate police records show concerning the applicant, including all arrests, the reason for the arrest, and the disposition of each case of which there is a record.
Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency. Court records should include complete information regarding the circumstances surrounding the crime of which the applicant was convicted and the disposition of the case, including the sentence or other penalty or fine imposed.
Each country has its own application procedures and requirements. Applicants born in the Philippines must obtain certificates issued by the National Bureau of Investigation (NBI) in Manila. Citizens of India residing in India may obtain the police certificate from the local Passport Office if their passports were issued within the past 6 months. If the passport was issued more than 6 months prior to immigrant visa application, they must also obtain a police certificate from the District Police Office serving their place of residence. Indian passport holders applying for immigrant visas outside India should obtain a statement from their local embassy or consulate confirming they have no criminal record. Persons who have resided in the United Kingdom for 6 months or more since age 16 are required to obtain a statement from the Association of Chief Police Officers (ACPO) Criminal Records Office.
It is always recommended that you start the process of obtaining police certificates and court records in a timely manner. Please consult with an US licensed immigration attorney for guidance on this topic. If you have any questions on this topic that you would like to direct to us, please feel free to email us.