Police Clearance Issue

[TheResistance 6]

So my fiancee got the papers to her friend (in Singapore) to bring them to the Singapore Police department. The police then contacted my fiancee saying they can not find her work records from 2012 or something. So, this is there fault (not the police but whomever they looking for to keep track of this stuff.... or maybe it is their fault). So, what? She can not do the interview now because they can not "clear" her? She does not have those records and she is trying to find a way to contact those former employers, who are now in the USA. What are her options? Are we now stuck? This was almost over!

Who can I email about this (I can not afford International calling). They can not reject her for she did everything she had to. They can not find her records, not her problem. She should be able to get this clearance and go to the interview with no problems!!!

Please advise.

[tomyka81 95]

PLease read carefully, but do not hang your hat on this. She should try and use one of the services that may be able to get her documents for a fee..... But previously, one could technically use the reciprocity for a country to get a document that would pose hardship for the applicant to procure.....22 CFR 42.65 and FS552 (foreign service form 552) You may have to request that the consular officer fill out form 552. To get it, you will have to provide proof that you tried and were unsuccessful, and that you are of good moral character (maybe affadavits from employers, pastors, social groups, etc) then if Singapore has reciprocity, the CO should be able to search those records anyway

22 CFR 42.65 Supporting documents.

(a) Authority to require documents. The consular officer is authorized to require documents considered necessary to establish the alien's eligibility to receive an immigrant visa. All such documents submitted and other evidence presented by the alien, including briefs submitted by attorneys or other representatives, shall be considered by the officer.

(b) Basic documents required. An alien applying for an immigrant visa shall be required to furnish, if obtainable: A copy of a police certificate or certificates; a certified copy of any existing prison record, military record, and record of birth; and a certified copy of all other records or documents which the consular officer considers necessary.

© Definitions.

(1) Police certificate means a certification by the police or other appropriate authorities reporting information entered in their records relating to the alien. In the case of the country of an alien's nationality and the country of an alien's current residence (as of the time of visa application) the term “appropriate police authorities” means those of a country, area or locality in which the alien has resided for at least six months. In the case of all other countries, areas, or localities, the term “appropriate police authorities” means the authorities of any country, area, or locality in which the alien has resided for at least one year. A consular officer may require a police certificate regardless of length of residence in any country if he or she has reason to believe that a police record exists in the country, area, or locality concerned.

(2) Prison record means an official document containing a report of the applicant's record of confinement and conduct in a penal or correctional institution.

(3) Military record means an official document containing a complete record of the applicant's service and conduct while in military service, including any convictions of crime before military tribunals as distinguished from other criminal courts. A certificate of discharge from the military forces or an enrollment book belonging to the applicant shall not be acceptable in lieu of the official military record, unless it shows the alien's complete record while in military service. The applicant may, however, be required to present for inspection such a discharge certificate or enrollment book if deemed necessary by the consular officer to establish the applicant's eligibility to receive a visa.

(4) A certified copy of an alien's record of birth means a certificate issued by the official custodian of birth records in the country of birth showing the date and place of birth and the parentage of the alien, based upon the original registration of birth.

(5) Other records or documents include any records or documents establishing the applicant's relationship to a spouse or children, if any, and any records or documents pertinent to a determination of the applicant's identity, classification, or any other matter relating to the applicant's visa eligibility.

(d) Unobtainable documents.

(1) If the consular officer is satisfied, or the catalogue of available documents prepared by the Department indicates, that any document or record required under this section is unobtainable, the officer may permit the immigrant to submit other satisfactory evidence in lieu of such document or record. A document or other record shall be considered unobtainable if it cannot be procured without causing to the applicant or a family member actual hardship as opposed to normal delay and inconvenience.

(2) If the consular officer determines that a supporting document, as described in paragraph (b) of this section, is in fact unobtainable, although the catalogue of available documents shows it is available, the officer shall affix to the visa application 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.

This is from the 9 FAM

c. Interview Even if Documentation is Missing:

(1) In addition to the inconvenience and expense caused to the alien (particularly an alien applying with family members), it is generally inefficient for the post if an application is not taken and the interview not conducted on the appointment date. In a busy post, the number of daily interviews is set to maximize the use of space and personnel. A canceled interview results in a gap in that day’s productivity without gain, since the interview must be rescheduled for another day. In addition, there is no guarantee that the alien will be found eligible the second time around. Rescheduling causes administrative backlogs, which, in turn, result in lost time answering correspondence and responding to telephone inquiries.

(2) As a general rule, therefore, consular officers should accept applications from and interview all applicants appearing on the appointed date. If an applicant fails to present all of the required documentation, the applicant should nevertheless pay the processing fee and be interviewed by the consular officer who must then refuse the application under INA 221(g). The consular officer should tell the applicant or a member of the family to mail or bring in the missing documentation, and also the issuance fee, and make clear that the visa(s) will be issued immediately if the documentation is found acceptable.

[Brassballs 48]

Can hardly wait to read OP pushback on this.

Excellent information though.

[TheResistance 6]

Brass.... Pushback? I do not get it. Sorry.

Tomy, thank you for the info. Will see what can be implemented along with any other ideas we come up with, or others pass along from experience. Thanks!!!

[tomyka81 95]

My fiance and I are in the same boat eventually for a Chinese police certificate. I asked the VO on NL before she left. That was in July before the San Bernardino attack so it may be difficult asking for a VO to fill the form 552 if it is even still available.

[TheResistance 6]

She is cleared. They just ended up clearing her. Thank you, Jesus, and thanks Tomy for your suggestions as they were appreciate and looked into. One step closer to getting this done.

Such a financial drain for broke people like myself! One thing to support someone living with you, another when they live elsewhere. Am working 70h a week (as long as they let me being just a temp) to save for a plane ticket when the time comes.

Edited March 12, 2016 by TheResistance

[tomyka81 95]

I am glad everything worked out for you.

[Greenbaum 12,260]

TheResistance, on 12 Mar 2016 - 12:55 AM, said:

She is cleared. They just ended up clearing her. Thank you, Jesus, and thanks Tomy for your suggestions as they were appreciate and looked into. One step closer to getting this done.

Such a financial drain for broke people like myself! One thing to support someone living with you, another when they live elsewhere. Am working 70h a week (as long as they let me being just a temp) to save for a plane ticket when the time comes.

I'm glad posting your question here and getting some answers helped in your situation. Giving back to the VJ community can help others. Do you mind posting the steps you used to resolve your PC dilemma? Thanks

[TheResistance 6]

Green, just a whole lot of praying to Jesus for it. All we can do. While I was looking into those methods, and she was gathering anything else she could to try sending them, they ended up emailing her that she has been "cleared." Her friend will pick up the papers Monday, their time, and get it mailed over since the interview is in two weeks.

[Greenbaum 12,260]

Thanks for the update. Sometimes throwing everything to the wall and seeing what sticks can work. Good luck the rest of the journey.