Police Certificate- Petitioner

[treed44812 0]

I just received a notice from my lawyer about the K-1 that I am filing this week. They notified me that they are now requesting from the petitioner an police clearance certificate.... I am not sure if this has hit the populous at large, or if this is something that has been an RFE in the past, but I wanted to let everyone who will be filing soon that this is something I was requested to do.... My lawyers are reporting that it is the USCIS who is requesting this with new apps.....

Just a "heads-up".......

[mrc 0]

I just received a notice from my lawyer about the K-1 that I am filing this week. They notified me that they are now requesting from the petitioner an police clearance certificate.... I am not sure if this has hit the populous at large, or if this is something that has been an RFE in the past, but I wanted to let everyone who will be filing soon that this is something I was requested to do.... My lawyers are reporting that it is the USCIS who is requesting this with new apps.....

Just a "heads-up".......

This is the first I've heard of the petitioner needing a police clearance. Are you sure you haven't mistaken the petitioner for the beneficiary? The beneficiary needs a police clearance for the consulate interview.

Edited July 21, 2006 by mrc

[vartan 0]

perhaps the lawyers are saying that if you had previous crimes you need the documents and whatever for IMBRA regs.. that is my thought.. cause the US doesn't even have a "Police Certificate" like some countries have.

[rlt 0]

perhaps the lawyers are saying that if you had previous crimes you need the documents and whatever for IMBRA regs.. that is my thought.. cause the US doesn't even have a "Police Certificate" like some countries have.

Yeah.. I also think you should ask your lawyer about this again..

.

[treed44812 0]

Lawyers specifically spelled out in the email I received that they are now requesting a background check of the petitioner (spelled out in the email to me spefically stating "YOU").

Here is the text of the email I got:

"We have been notified of a new procedure with the filing of the I-129F. USCIS is now requiring us to attach a copy of a police certificate of the Petitioner (you) to show that you do not have any arrests. "

There is a background check that can be conducted in the US, it is called a NCIC (National Crime Information Center) background check; which is fairly common for federal jobs, pistol permits, etc. It isn't a background clearance but very similar to the police certificates that our significant others need for the consulate interview.

I will be clarifying with my lawyers on Monday, but I thought I would check with you guys/gals if you had heard of something like this before....

PS: I have no criminal record, not even traffic infractions that would warrant something ahead of time.....

I will follow up and let you know what I found out....

T

Edited July 21, 2006 by treed44812

[Dean iWait 0]

Lawyers specifically spelled out in the email I received that they are now requesting a background check of the petitioner (spelled out in the email to me spefically stating "YOU").

Here is the text of the email I got:

"We have been notified of a new procedure with the filing of the I-129F. USCIS is now requiring us to attach a copy of a police certificate of the Petitioner (you) to show that you do not have any arrests. "

There is a background check that can be conducted in the US, it is called a NCIC (National Crime Information Center) background check; which is fairly common for federal jobs, pistol permits, etc. It isn't a background clearance but very similar to the police certificates that our significant others need for the consulate interview.

I will be clarifying with my lawyers on Monday, but I thought I would check with you guys/gals if you had heard of something like this before....

PS: I have no criminal record, not even traffic infractions that would warrant something ahead of time.....

I will follow up and let you know what I found out....

T

I haven't seen anything that says USICS requires it at this point. But, I would say your lawyers are on the ball. Makes sense to provide that even if you have no record. Just to prove you have none of the IMBRA specific convictions. I wouldn't be surprised if some people got RFE's requesting it in the future. So I would just say they I think they are being proactive and wish to help you avoid any RFE's in your future.

[mrc 0]

Lawyers specifically spelled out in the email I received that they are now requesting a background check of the petitioner (spelled out in the email to me spefically stating "YOU").

Here is the text of the email I got:

"We have been notified of a new procedure with the filing of the I-129F. USCIS is now requiring us to attach a copy of a police certificate of the Petitioner (you) to show that you do not have any arrests. "

There is a background check that can be conducted in the US, it is called a NCIC (National Crime Information Center) background check; which is fairly common for federal jobs, pistol permits, etc. It isn't a background clearance but very similar to the police certificates that our significant others need for the consulate interview.

I will be clarifying with my lawyers on Monday, but I thought I would check with you guys/gals if you had heard of something like this before....

PS: I have no criminal record, not even traffic infractions that would warrant something ahead of time.....

I will follow up and let you know what I found out....

T

I am familiar with the NCIC. When you get pulled over for a traffic violation, the police are running your NCIC to see if you have any warrants. This is still the first I've heard of it from everything I've read. I'm sure there would be some pissed off people if they further held up the petitions due to another new rule.

I don't see how they can require this now without some forewarning. Even with the IMBRA there was some forewarning.

Edited July 22, 2006 by mrc

[treed44812 0]

The only thing I can think of is that it is related to IMBRA.... I am closely knit with some people in law enforcement at the federal level, and mentioned that to my lawyer. I don't know how interrelated the request for the check and my sharing of contacts are with the lawyer though. Perhps my lawyer is looking to be proactive with IMBRA and get it out of the way with the check at the onset of the application.

I don't mean to create a panic or induce a scare, but to let everyone know what is happening on my end...

More information to follow!

Edited July 22, 2006 by treed44812

[Alanlvsjudy 0]

Does not make sense to me, they can just run the NCIC, it only takes a few minutes why request an additional document?

Smells funny to me....

[chzuga 0]

The only thing I can think of is that it is related to IMBRA.... I am closely knit with some people in law enforcement at the federal level, and mentioned that to my lawyer. I don't know how interrelated the request for the check and my sharing of contacts are with the lawyer though. Perhps my lawyer is looking to be proactive with IMBRA and get it out of the way with the check at the onset of the application.

I don't mean to create a panic or induce a scare, but to let everyone know what is happening on my end...

More information to follow!

I am glad you are saying this. I will bring it up with the lawyers when it is time for me to start the process. Duly thanks for that information.

[Anastassia 0]

I don't think police can provide the certificate specifying that somebody is "clean" throughout the country.

I work in law enforcement and from what I learned one police department only knows about local stuff.

Ana

[treed44812 0]

You are right Ana, my stepfather is an LT. and my two brothers are both deputies in the area I live. They were my first call and they can only provide the background for their jurisdiction (county), so that is why I was more curious if anyone else had a similiar experience. They can run a check at a national level, but can not certify the results. Running an NCIC isn't tough, and only takes about 30 seconds, but we all know how fast the gov't works. 30 seconds could equal months.... maybe our lawyers are just being ####### and want it to avoid an RFE or some other issue. Aside from that, I have no other thoughts on what it could be.

Either way, I am paying them good money, and if they want it, the FBI agents I know are one of the first calls I make Monday. I guess we will just have to wait and see until Monday when the lawyers and federales get an early morning wake up call from me. I will post an update first thing on Monday morning......

[AndyMisiu 0]

Well, I for one have been following the IMBRA law very closely. I'm not sure if lawyers are more informed than anyone else, but if they are let me know. I know they didn't have a whole lot to offer during this whole uprising of the law. They seemed to be in the wait and see mode just like us. Trust me, I sent out over 300 e-mails to Lawyers asking what they wanted for convictions, they really didn't know. But if this is true than it's good to know. However, I would think this would be a publicly announced request posted on the USCIS website.

What's acctually on the website is the following:

Application Procedures: Bringing a Fiancé(e) to Live in the United States

Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)

2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

I don't see where it asks for a Police certificate. However, when informing the beneficiary of what is needed at the interview it states the following:

Police certificate(s) for the beneficiary and any dependent children over 16 years of age

Much more specific and informing of what was needed. Now, it does ask you to provide evidence of certain crimes on the new I-129F and the notorious IMBRA RFE to comply with IMBRA. The petition states the following:

If you have ever been convicted of any of the following crimes, submit certified copies of court and police records showing the charges and dispositions for every such conviction.

Maybe your lawyer is well informed, maybe he's/ she's being proactive GREAT!! I think it's a good idea. I don't know what to think. All I can say is, so far the USCIS has not made that a public part of the petition. I also don't believe that lawyers are anything more than well studied people in a certain field or many fields, having experience in dealing with such cases. They are quit human.

I think it's something worth looking into and if it gets a seconded by another lawyer than at least we know. Maybe someone on this site could be nice enough to ask there immigration attorney if they've received the same information. If they have, I sure would like to know. It takes about a month to get such a record from the authorities.

Edited July 22, 2006 by AndyMisiu

[Dean iWait 0]

I don't think police can provide the certificate specifying that somebody is "clean" throughout the country.

I work in law enforcement and from what I learned one police department only knows about local stuff.

Ana

Usually the State Police or your states Bureau of Investigation can provide one for the state you live in (or used to live in).

You can also order one from the FBI, you go to your local police get fingerprinted and send them in with your request. Takes about 6 to 8 weeks for a response I think.

Edited July 22, 2006 by Dean iWait

[tennesseevolunteer 0]

I have an old convicition from 1987 and it is not easy getting this information required by the new law. I had the Justice Dept. of Calif run a background check on me just to get the needed information concerning the court doucements. Then I sent request to court for documents but I was told very frank that it will take 2-8 weeks to find the court records if they can be found. (Really the court clerks are not being in any hurry.