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Jimandeva

Police clearance waiver at embassy?

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Filed: K-1 Visa Country: Philippines
Timeline

All,

My fiance passed her interview last week, but

they are requesting a Lebanon police clearance

from her.

The problem is that this was 10 years ago and she

no longer has the paperwork, mainly the residence

permit, that Lebanon requests to proccess the

police clearance.

At this point the only thing I can think to try is

to request a waiver for this clearance based of fact

that she no longer has the requested paperwork to

get the police clearance. And also it even says

on the state department page that "applicants may

experience extremely long waiting periods before they

receive the document, or may not receive them at all.".

So, how does one go about requesting a waiver of a

police clearance at the embassy?

Does this sound like a good enough reason to get the waiver?

If it is denied, then what happens to our case, do they

continue to hold waiting for the clearance, or will they

then close the case?

Thanks for any help,

Jim

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Filed: K-1 Visa Country: Vietnam
Timeline

There is no formal waiver you would request.

I suggest you read 9 FAM 42.65. This section of the foreign affairs manual covers, in some detail, how a consular officer is supposed to handle a situation where an applicant cannot obtain a required document like a police certificate.

http://www.state.gov/documents/organization/87888.pdf

From what I understood, if she can prove that she made a serious attempt to obtain the document and failed then the consular officer is allowed to prepare an FS-552 and insert it in her records in lieu of the required document. Read the entire chapter, though. There are several important details to consider.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

Thanks for the reply.

I think I am just going to have to call the embassy

and ask them what I can do, and what documents they

need to get a waiver in my case.

I can send copies of the Lebanon web page that list

the requirements. But how does ones send evidence of

lack of documentation to get the clearance?

Thanks,

Jim

There is no formal waiver you would request.

I suggest you read 9 FAM 42.65. This section of the foreign affairs manual covers, in some detail, how a consular officer is supposed to handle a situation where an applicant cannot obtain a required document like a police certificate.

http://www.state.gov/documents/organization/87888.pdf

From what I understood, if she can prove that she made a serious attempt to obtain the document and failed then the consular officer is allowed to prepare an FS-552 and insert it in her records in lieu of the required document. Read the entire chapter, though. There are several important details to consider.

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Filed: K-1 Visa Country: Vietnam
Timeline

Thanks for the reply.

I think I am just going to have to call the embassy

and ask them what I can do, and what documents they

need to get a waiver in my case.

I can send copies of the Lebanon web page that list

the requirements. But how does ones send evidence of

lack of documentation to get the clearance?

Thanks,

Jim

Did you bother to read the section of the Foreign Affairs Manual I provided the link for? If you call the embassy then you will be talking to a customer support airhead who probably will have no idea what the correct answer is. The CO is going to follow the Foreign Affairs Manual - it's their bible. The FAM spells out, in detail, what they will consider as satisfactory secondary evidence when a required document cannot be obtained.

9 FAM 42.65 N6 UNOBTAINABLE DOCUMENTS

a. If a required document cannot be procured without causing the applicant or a family member actual hardship, other than normal delay or inconvenience, it may be considered “unobtainable,” and you may permit the applicant to submit other satisfactory evidence in lieu of such document or record, per 22 CFR 42.65(d). You should use this authority sparingly.

b. If you find that a required document is unobtainable, you must complete and sign Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, and attach to the Form FS-552 secondary evidence and/or a certificate from the appropriate authority, if obtainable, showing that in this particular case the missing document was never properly recorded.

...

9 FAM 42.65 N7 SECONDARY EVIDENCE IN LIEU OF SUPPORTING DOCUMENT

INA 222(b) (8 U.S.C. 1202(b)) prescribes the documentation required of applicants. It will be rare that a document listed as available in Visa Reciprocity and Country Documents Finder is unobtainable. If, however, you are satisfied that a document is unobtainable, the officer must require substitute documentation or secondary evidence. 22 CFR 42.65(d)(2) requires the consular officer “to affix a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa.” (See 22 CFR 42.65(d).)
In these cases, the applicant must submit proof of the unavailability of the missing document; for example, a statement from the local authorities that records for the year in question were destroyed by fire, or proof of the attempts made to obtain the document.
When accepting substitute documentation or secondary evidence, you must complete Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, upon which the officer will make the statement required by 22 CFR 42.65(d)(2) and attach the Form FS-552 to the visa.

...

9 FAM 42.65 N8 APPLICANTS SUBMITTING OTHER SATISFACTORY EVIDENCE OF GOOD CONDUCT

If an applicant has presented a comprehensive police certificate
fully meeting the requirements of 22 CFR 42.65©
from the applicant’s country of principal residence, you need not require a police certificate from other places of former residence, provided the applicant presents other satisfactory evidence of good conduct
. For example, it has been held that proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence. However, if you have reason to believe that a police or criminal record might exist in the foreign country, which would render the alien ineligible to receive a visa, you must require the alien to obtain the police certificate. If the police certificate is not obtainable from the local authorities, the alien must present other convincing evidence that he is not ineligible to receive a visa.

Please read that chapter in the FAM. You will learn much more than would ever learn by calling the embassy, unless you happen to have to unbelievable good fortune to actually speak with a consular officer.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

Yes, I did read it and it helped.

But I still had some questions that it did not answer,

that is in part why I called.

And your right, they could not really answer much more

then read me what is on the state department page and

tell me that it would be up to the counselor to deside

once I sent in the request.

But they did say that if the request is denied it will

not close my case, so what harm is there in trying

a waiver request?

Also I wanted to make sure that if it took 6 months, as

the Lebanon embassy said it could take that long, would

they still have the case on hold waiting for the clearance,

and she said it would still be open.

I was afraid that in 3 months or something, that I would

get a letter saying that they never got the clearance

and that they have closed the case.

Bottom line is that I feel better calling, even if I do not

know much more then I did before. At lest I tried.

What is also difficult is talking to the Lebanon embassy, I

get even less out of them. I try to ask about what if I do

not have all the requested documents to get the clearance.

But they just repeat the list of requirements and avoid the

question I ask, even then asking my email address and emailing

the same list of requirements. And they are telling me that

it will take up to 6 months to get anything. And the state

department page even says you may not get it at all.

That is a long time to wait to end up with possibly nothing.

I am working on 4 things at once.

1. Trying to get the clearance through the Lebanon embassy

in manila.

2. Trying to find a lawyer in Lebanon that can get it there

with a power of attorney.

3. Trying to get the NBI in the Philippines to help us.

4. Collecting evidence on why the above is not working and

submitting a request to have the clearance waived.

Thanks for your help.

Jim,

Did you bother to read the section of the Foreign Affairs Manual I provided the link for? If you call the embassy then you will be talking to a customer support airhead who probably will have no idea what the correct answer is. The CO is going to follow the Foreign Affairs Manual - it's their bible. The FAM spells out, in detail, what they will consider as satisfactory secondary evidence when a required document cannot be obtained.

9 FAM 42.65 N6 UNOBTAINABLE DOCUMENTS

a. If a required document cannot be procured without causing the applicant or a family member actual hardship, other than normal delay or inconvenience, it may be considered “unobtainable,” and you may permit the applicant to submit other satisfactory evidence in lieu of such document or record, per 22 CFR 42.65(d). You should use this authority sparingly.

b. If you find that a required document is unobtainable, you must complete and sign Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, and attach to the Form FS-552 secondary evidence and/or a certificate from the appropriate authority, if obtainable, showing that in this particular case the missing document was never properly recorded.

...

9 FAM 42.65 N7 SECONDARY EVIDENCE IN LIEU OF SUPPORTING DOCUMENT

INA 222(b) (8 U.S.C. 1202(b)) prescribes the documentation required of applicants. It will be rare that a document listed as available in Visa Reciprocity and Country Documents Finder is unobtainable. If, however, you are satisfied that a document is unobtainable, the officer must require substitute documentation or secondary evidence. 22 CFR 42.65(d)(2) requires the consular officer “to affix a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa.” (See 22 CFR 42.65(d).)
In these cases, the applicant must submit proof of the unavailability of the missing document; for example, a statement from the local authorities that records for the year in question were destroyed by fire, or proof of the attempts made to obtain the document.
When accepting substitute documentation or secondary evidence, you must complete Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, upon which the officer will make the statement required by 22 CFR 42.65(d)(2) and attach the Form FS-552 to the visa.

...

9 FAM 42.65 N8 APPLICANTS SUBMITTING OTHER SATISFACTORY EVIDENCE OF GOOD CONDUCT

If an applicant has presented a comprehensive police certificate
fully meeting the requirements of 22 CFR 42.65©
from the applicant’s country of principal residence, you need not require a police certificate from other places of former residence, provided the applicant presents other satisfactory evidence of good conduct
. For example, it has been held that proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence. However, if you have reason to believe that a police or criminal record might exist in the foreign country, which would render the alien ineligible to receive a visa, you must require the alien to obtain the police certificate. If the police certificate is not obtainable from the local authorities, the alien must present other convincing evidence that he is not ineligible to receive a visa.

Please read that chapter in the FAM. You will learn much more than would ever learn by calling the embassy, unless you happen to have to unbelievable good fortune to actually speak with a consular officer.

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