How to Obtain a Police Clearance Certificate?
- By Fileright
- Last Updated:
Introduction
If you’re applying for a green card, officially known as a permanent resident card, you will have to meet certain requirements such as you will have to prove that you are of good moral character. This proof of you being a person of good moral character assured the immigration authority that you will be a law-abiding and productive member of society and that you will not cause any kind of threat in the country.
The best document that acts as proof is the Police Clearance Certificate which you may be asked to obtain from the country where you were residing.
You will need to acquire a police clearance certificate from each country you have lived in and you will have to obtain it yourself as the US embassy does not help you in doing so.
What is a Police Clearance Certificate?
A police clearance certificate, also called a police certificate, (or may be called something different in your home country) is a document issued by the police authority of the home country or any other country where you have lived in the past. It lists the details of any arrests as well as the outcomes of that arrest when that person was living in a particular area.
It is usually required when you are applying for a family-based or marriage-based green card from abroad. For example, in Hong Kong, it’s called a good citizen certificate. In Australia, it’s called a national police history check which is issued by the police authority of that country.
Information that is found in a police clearance certificate may include:
- Arrest records
- Convictions
- Criminal proceedings
The purpose of a police clearance certificate is to prove your moral character. The United States screens all green card petitioners to ensure only ethical, responsible applicants are approved. A criminal record may cause your petition to be denied.
Who Needs a Police Clearance Certificate?
Not every U.S. immigration application will require a police clearance certificate. Applicants who need to obtain this certificate include:
- Green card petitioners aged 16 or older who apply through a U.S. consulate.
- Green card petitioners aged 16 or older who apply through Form I-485 and failed to attend a U.S. Citizenship and Immigration Services (USCIS) biometrics appointment.
Additionally, it’s important to note that police clearance certificates (PCCs) typically expire after two years, unless the certificate was issued by the authorities in your country of previous residence and you have not returned to that country since the certificate was issued.
A USCIS biometrics appointment will involve submitting fingerprints for a criminal background check so this appointment serves the same purpose as a police clearance certificate. Green card petitioners who are required to submit a police clearance certificate must obtain one from each country where they resided for six months or more after the age of 16.
When Do You Need a Police Clearance Certificate?
The requirement for a PCC depends on various factors, including the applicant’s age, residence, and any past arrests. Below is a checklist to help determine when and from which country’s authorities a Police Clearance Certificate is required:
| Applicant’s Situation | Police Certificate Requirement |
| Currently living in their country of nationality for more than 6 months and is 16 years old or older | A police certificate is required from the police authorities of their current locality. |
| Currently living in a different country than your nationality for more than 6 months and was 16 or older | A police certificate is required from the police authorities of the current country. |
| Previously lived in a different country for more than 12 months and was 16 or older | A police certificate is required from the police authorities of the locality in the foreign country. |
| Arrested for any reason, regardless of duration of residence and age at that time | A police certificate is required from the police authorities of the locality where the arrest occurred. |
What Information Does a Police Clearance Certificate Include?
The essential contents of a valid Police Clearance Certificate are as follows:
- Full name of the applicant and his/her family members.
- Date of birth and nationality of the applicant.
- Address details such as permanent and temporary address.
- Passport number and National ID number.
- Details about your criminal record if any along with previous convictions and current charges.
- Details about the ban from holding certain positions in enterprises or establishing and managing your own business.
- If done translations then have to be certified before submission to agencies and authorities in the United States.
Where Do I Get a Police Clearance Certificate?
The U.S. Department of State lists police clearance certificate issuing authorities on their reciprocity page. Countries are listed alphabetically by the first letter.
For example, if your home country is Mexico, click on the letter M and scroll down to Mexico. In this case, the issuing authority for police clearance certificates is the State Police (Fiscalía General del Estado). The proper procedure to obtain a police certificate from Mexico will be to contact the individual State Police for instructions.
Each country may have slightly different procedures for issuing a police clearance certificate. However, you will likely be required to visit a police station to provide your:
- Full name
- Date of birth
- Place of birth
- Fingerprints
- Passport or other proof of identity
What Are the Steps to Be Followed for a Police Clearance Certificate?
USCIS does not help you in getting a Police clearance certificate however they have a page that enlists details of your country’s authority for issuing certain documents. Similarly, for a Police Clearance certificate, the steps to be followed for such information are mentioned below.
Step 1: You will first have to determine from which country you need the Police Clearance certificate. In case you are from a different country but were arrested in a different country then you will have to collect some additional documents.
Step 2: You will have to visit the USCIS website to know what specific procedures are to be followed to obtain the certificate. The State Department has a page for Reciprocity and Civil Documents by Country, herein you will have to select the country name and then go to the “Police, Court, Prison Records” tab to view the important details such as the authority therein, fee, etc. The time taken by each country varies but ranges between 2-8 weeks.
Step 3: Follow the steps mentioned therein and obtain the Police Clearance Certificate.
In rare situations, if there is no availability of a Certificate issued then you will have to submit a notarized sworn written statement stating why you were not able to obtain a police clearance certificate; and you must also demonstrate that you have made attempts to obtain it.
How to get a Police Clearance Certificate from the United States?
If you need a police clearance certificate from the United States, contact the local police station in the area you live in. After completing the application process for a police clearance certificate, it may be a few weeks before you receive the document.
What If Your Police Clearance Certificate Is Not in English?
It’s entirely likely that countries using other languages may keep records in their national language. If your police clearance certificate is issued in any language other than English, it will need to be translated. Additionally, you will need to submit your translated document with a translation certificate to ensure it is a complete and accurate translation.
How Long Does a Police Clearance Certificate Remain Valid?
If you are applying for a green card, you will need to bring a valid police clearance certificate to your immigration interview. Your police clearance certificate will remain valid for one year from the date it was issued. This expiration date is meant to ensure that you have not committed a crime after your police clearance certificate was issued.
What if a Police Clearance Certificate Is Not Available?
If you visit the U.S. State Department’s website and do not find the country you need a police clearance certificate from, it might not be available. Not every country offers a way to share police records.
If a police clearance certificate is unavailable for your home country or another country you lived in, you will need a personal affidavit. This is a written statement explaining why you could not get a police clearance certificate and listing the attempts you made. You will need to have your statement notarized.
What Are the Documents That Are Required for a Police Clearance Certificate?
The following are the documents that are required for a police clearance application, however, you should keep in mind that this application has to be submitted by the applicant himself:
- A declaration for requesting a Police Clearance Certificate.
- National ID or Passport
- Certificate that gives you temporary or permanent residency.
- Fingerprint if required
Conclusion
Getting a Police Clearance Certificate is an important step in your US immigration process. It helps show your criminal history, if any, and gives immigration authorities the full picture.
Fileright can help make the process easier and ensure you have all your documents in order. If there’s anything concerning your history that could affect your immigration status, consulting our immigration attorney might be your next best step. We’re here to guide you every step of the way and ensure your paperwork is handled smoothly.
