Unobtainable Police Clearance Certificate

[IlyaM 11]

Hi, everyone. That's going to be my first post here. I've tried to find info at other forums but I didn't find them helpful.  So, here's my story: I've been living in China since June 2016 , my first two chinese visas were the business ones (it is a temporary residence visa which means you should leave China every 90 days).  In March 2018 I've got my first work visa and after that me and my girlfriend started the K-1 visa process. We've got all the documents and I'm going to have the interview In China soon. But the problem is that the local PSB issued me the police clearance certificate that doesn't cover the whole stay in China (It covers only from March 2018 till today). They told me that the PCC for my previous Chinese visas are unobtainable. So now I don't know what I should do and If I should really worry about it. I was living in one city for my whole stay and left the country every 90 days. I'm really stuck and need your help, guys. Thanks a lot:)

[Loren Y 2,755]

I would think if you left the country every 90 days on the first Visa's you had you never hit the 6 month requirement to need a police certificate. Now on your last visa since you have stayed over 6 months continuous from March 2018, you would need a police certificate for that timeframe. I am not 100% on this, but I'm pretty sure it's 6 months continuous residency before you are required to obtain a police clearance certificate for that country.

[Greenbaum 12,259]

3 hours ago, IlyaM said:

Hi, everyone. That's going to be my first post here. I've tried to find info at other forums but I didn't find them helpful.  So, here's my story: I've been living in China since June 2016 , my first two chinese visas were the business ones (it is a temporary residence visa which means you should leave China every 90 days).  In March 2018 I've got my first work visa and after that me and my girlfriend started the K-1 visa process. We've got all the documents and I'm going to have the interview In China soon. But the problem is that the local PSB issued me the police clearance certificate that doesn't cover the whole stay in China (It covers only from March 2018 till today). They told me that the PCC for my previous Chinese visas are unobtainable. So now I don't know what I should do and If I should really worry about it. I was living in one city for my whole stay and left the country every 90 days. I'm really stuck and need your help, guys. Thanks a lot:)

Here is some information that I have for countries outside of China and for China. I am not familiar with china so this is about all I can do to help. Have you been to this website for additional instructions? https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

Required for all countries where you have lived for more than 6 months since the age of 16 and any country where you have been arrested, even if you were not a resident there.  U.S. police certificates are not required.  Police certificates from certain countries are unavailable or are obtained directly by your Embassy (rarely does your embassy execute this step).  Fingerprints are required for certain countries.

 

Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Certificates are available for those in the J-1, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories.

Police records also are not available for those who were in China in diplomatic status including those working for international organizations such as the United Nations. Notarial police certificates are based in part upon records from an individual's employer. If an employer refuses to release records, the notarial office is not able to issue a certificate. This is the case for persons sent abroad for education by the Chinese Government who fail to return to China.

According to a 1957 state council ruling that is still in force, the imposition of a re-education through labor (Lao Dong Jiao Yu) term does not result from a criminal conviction. Administrative organs, rather than courts, impose re-education through labor. It is important to distinguish re-education through labor from labor reform (Lao Dong Gai Zao), which is a sentence meted out for criminal offenses.

If you wish to obtain a criminal record clearance from the Chinese authorities, you will need to apply for a Certificate of No Criminal Record 无犯罪记录证明

 

* To apply for a certificate while you are resident in China, you should apply to your local Public Security Bureau.

* To obtain a certificate after you have left China you should contact the local PSB. However you can also try service companies that offer services to help foreign residents.

* In Shanghai's district (Including municipality of Shanghai, provinces of Jiangsu, Anhui and Zhejiang), the local Notary Public is responsible for issuing such a certificate.

* In Guangzhou and Shenzhen, the local Notary Public is responsible for issuing such a certificate.

* In Chongqing's district (Including municipality of Chongqing, provinces of Sichuan, Yunan and Guizhou), the nearest police station (to be visited first) and the local Notary Public are both responsible for issuing such a certificate.

* In Beijing, the Shuang Xiong company offers this service for current or former residents of Beijing

 

Their contact details are:

 

No.3 Dongdajie (100m east of Public Security Bureau), Andingmen, Dong Cheng District

Tel: +86 10 6402 7616 / 6402 7596; Fax: +86 10 6402 7596

website: www.shuangxiong.com.cn (not current - 9/7/2011)

Email: shuangxiong516@sina.com

[Ryan H 3,812]

Moved from K1 Progress Reports to China regional forum for country specific answers.

[IlyaM 11]

@Greenbaum

Yeah, i've read all this information. Huge thanks. I'm still hoping that I won't be given the 221g refusal at the interview because of my police clearance certificate not covering the whole stay in China. What really weird is that I can't even find a proof that the certificate for my first visas is unobtainable cos the PSB doesn't give this kind of paper. Local police station and the notary office dont provide anything like that either. So let's hope for the best and thanks for your help again

[IlyaM 11]

@Loren Y

I really hope you're right, Loren. Huge thanks for your reply:)

[Loren Y 2,755]

3 hours ago, IlyaM said:

@Loren Y

I really hope you're right, Loren. Huge thanks for your reply:)

Another thought, and hopefully the CO at your interview would see it the same way, on your previous stays you couldn't get a police clearance for, in reality if you had had any criminal actions against you I believe they wouldn't give you a work permit, let alone let you back in the country depending on what you did. And the fact that you have something, and you made your best effort to get everything, I would think you would be ok. Hope everything works out for you as it seems you have done your due diligence and are trying to cover all your bases.

[Star12 2]

This is a great topic. Thank you IlyaM for bringing this topic up here. All the best of luck to you, I don't think you should have issues. 

 

My fiance and I have been researching what to provide for "unobtainable" police certificates. On the reciprocity schedule for Sudan, police certificates are available for those that are PRESENT IN SUDAN.  

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

My fiance lived in Sudan for 1 year (April 2018 - April 2019), and due to the civil unrest in Sudan, he left for his safety to Uganda. He left not too long after the airways opened up again in Sudan, and commercial airlines began to come back.   

 

Coincidentally, in May I submitted my fiance's signed Change of Address declaration to USCIS with our RFE that stated he moved for safety reasons because of Sudan's volatile climate. 

 

Now (Sep 2019), Sudan is in a transitional government, and I think it's unwise for him to return because in Africa you never know if things are truly stable. Also we feel that the Consular Officer might think of it as a red flag if he does return to Sudan after his declaration stating that he felt unsafe there in April.  

 

My fiance has his police certificate from the country of his nationality and also is planning to get one in Uganda too for good measure.  Should we write up a Declaration/Affidavit letter for why my fiance could not obtain his Sudan police certificate and have it notarized in Uganda? Somewhat as a substitute for the police certificate?

Edited September 2, 2019 by Star12

[Hemutian 68]

On 9/1/2019 at 10:30 PM, Loren Y said:

I would think if you left the country every 90 days on the first Visa's you had you never hit the 6 month requirement to need a police certificate. Now on your last visa since you have stayed over 6 months continuous from March 2018, you would need a police certificate for that timeframe. I am not 100% on this, but I'm pretty sure it's 6 months continuous residency before you are required to obtain a police clearance certificate for that country.

That's a creative way of thinking of it. For OP's sake, I hope you're right, but I have my doubts.

 

What is the applicant were a Canadian citizen who lived in a town along the US border his whole life, and made frequent trips across the border to buy gas and other goods in the US since they're cheaper. Such that made a trip to the US at least once every 6 months for his whole life. So he technically never lived in Canada for 6 continuous months in his life. If he applied for a K1 visa would be thus be exempt from needing to provide a Canadian police certificate? I doubt it. 

Edited September 13, 2019 by Hemutian
clarification

[IlyaM 11]

Hey, guys. Here's some update on my police clearance certificate situation: I've just had the interview for the K1 visa in Guangzhou. I was approved and the officer said that the PCC that i have is fine, i'd like to thank everyone who gave the advice and wish everyone good luck at their interviews:)

[Hemutian 68]

9 hours ago, IlyaM said:

Hey, guys. Here's some update on my police clearance certificate situation: I've just had the interview for the K1 visa in Guangzhou. I was approved and the officer said that the PCC that i have is fine, i'd like to thank everyone who gave the advice and wish everyone good luck at their interviews:)

Congratulations!

 

But I'm a bit confused. In the top post of this thread you wrote that you've been living in China since 2016, which I interpreted to mean that you are not a citizen of China but of some unmentioned 3rd country.

So why are you having your K1 interview in Guangzhou and not your own country?

[IlyaM 11]

@Hemutian

Thanks a lot:) The reason that I had the interview in Guangzhou is very simple: I work in China and it would be easier to have the interview here. Have a great day:)

[Hemutian 68]

4 hours ago, IlyaM said:

@Hemutian

Thanks a lot:) The reason that I had the interview in Guangzhou is very simple: I work in China and it would be easier to have the interview here. Have a great day:)

Interesting. I was under the impression that US visa applicants could only be interviewed in their countries of citizenship. Had no idea you could get an interview in a country other than your country of citizenship just because you happen to work there. I guess you learn something everyday. Good for you for making it happen! I'd say you're one of the lucky ones.