I´ve been living illegally in Europe, cant get Police Certificate here.

[Summer75 16]

Hi, I´ve been living in Spain for the last 4 years, but im from Bolivia... I´ve been living illegally here. So I got the Police certificate in my country for this process... but I can´t get a Spain Police Certificate.Has anyone been in this situation? What do u think is gonna happen at the interview? I´ve heard that for living illegally in another country they give u 1 year penalty or something like that... does anyone know if it is true? I´m so nervous about it cause my interview is soon... I dont know what to expect...

[justcheckin 0]

First and foremost the US consulate in a foreign country can only handle applications for people who are either citizens or legal residents of that country. In other words there should be no problem with processing your case in Bolivia but not in Spain.

How did you even manage to get through to this stage of processing?

[christeen 966]

I remember you or your SO asking if you had to return to Boliva and when and all the answers indicated that you needed to return to Boliva to complete the process and interview. Are you still in Spain or in Boliva? If you are in Spain then you need to process in the country which you are legally allowed to reside (aka Boliva)... The US Consulate cannot issue you the visa in Spain since you are not a legal resident. And of course Spain will not issue you a PC since they do not even know you are there... GO BACK TO BOLIVA or you will not be issued the Visa...

[Summer75 16]

First and foremost the US consulate in a foreign country can only handle applications for people who are either citizens or legal residents of that country. In other words there should be no problem with processing your case in Bolivia but not in Spain.

How did you even manage to get through to this stage of processing?

I married to an american, we started the process in Spain, but I will get my interview in my home country maybe in Jan or Feb. My point is.... Do u think I will get that penalty since I´ve been living illegally here? I came with my passport some years ago (that was all I needed by then) now I need a resident card, I can get it but would take me many months, and now.. we have no time!!

Thank u for your answer

[Summer75 16]

Yes Christeen, Im moving back to Bolivia in the next days, my question is... Since I can´t get a Spain PC, do u think is gonna be a problem with the visa? The NVC reviewed our paperwork and sent a request for a Spain PC, my husband sent an explanation letter today. I dont know if it is enough. I wonder how it can affect to get the visa. Thank u for your answer

[christeen 966]

OK... So did you put that you were living in Spain on your application??/ If so, then as I see it you will unfortunatly need to get a PC (thus if you are eligible for a resident card you will need to process for one first) ... It is my understanding that the US will not punish you for a violation in another country's immigration law so living illegally should not affect your processing in US... Only if you violated US immigration law...

Regarding the PC, I will defer to see what others take on the situation is...

[FinnLove 0]

I would think it would be a problem if you can't get a PC because you're illegal. Like Christeen said, I remember you posting months ago that you were going to move back to your home but I guess you didn't...

But then again, I don't know...I'm just assuming you need a PC from every country you've lived in, and that it would be questioned.

Edited December 8, 2009 by FinnLove

[christeen 966]

Yes Christeen, Im moving back to Bolivia in the next days, my question is... Since I can´t get a Spain PC, do u think is gonna be a problem with the visa? The NVC reviewed our paperwork and sent a request for a Spain PC, my husband sent an explanation letter today. I dont know if it is enough. I wonder how it can affect to get the visa. Thank u for your answer

If NVC requested it then Spain was obviously listed as a country you resided in... I would definetly wait to see what NVC says... They might require that you do the necessary paperwork for the PC or a certified letter from you that you are unable to obtain a PC and certify that you have not been arrested or convicted... At this point it is in NVC's hands as to what they are going to require...

[christeen 966]

However, I might also add that although the US cannot enforce violations of immigration in foreign countries, it will certainly not reflect well on you at the interview that you were living illegial and continued to disregard the laws of another country and stayed in Spain despite being illegial... I would strongly recommend that you return to your country ASAP as this disregard for the law might not bode well and certainly raise some character questions during the interview.

[Penguin_ie 5,993]

You will need a police certificate, you won;t get the visa without one. If you do not want to risk "discovery" now, then maybe apply for it once you are back in Bolivia? I don't know about Spain, but I know Ireland issues police certsw for people who live here illegally, as a police cert is essentially only a record check to certify you have never been arrested.

[FinnLove 0]

Oh never mind! I had to edit.

Edited December 8, 2009 by FinnLove

[La Souris 19]

I think you will have to write a letter explaining that you are unable to get your Police record from Spain. See: http://travel.state.gov/visa/frvi/reciproc...ocity_3673.html

Police Records

Available. The Spanish police certificate is known in Spain as “Certificado de Antecedentes Penales.”

If you are a Spanish national residing in Spain, you may apply in person or by mail at the Ministry of Justice, Plaza de Jacinto Benavente 3, 28012 Madrid, Spain.

If you are a Spanish national living outside of Spain, you should apply through the Spanish Consulate in the country where you are currently living.

Third country nationals (TCN) legally living in Spain must apply at the Ministry of Justice, San Bernardo 45, 28071 Madrid.

A TCN illegally living in Spain is unable to obtain a police certificate.

If you are a former legal TCN currently living outside of Spain, contact the consulate of your nationality in Spain. (Example: Italians should contact the Italian Consulate in Madrid). If Spain does not have a reciprocal agreement with this country, a police certificate is not available. A list of countries having reciprocal agreements with Spain is not available. Applicants must check with each individual consulate regarding their country's reciprocal agreement status.

If you are a former illegal TCN currently living outside of Spain, you cannot obtain a police clearance.

Spanish citizens must contact the Spanish Embassy in their country of residence to request a Spanish Police Certificate. The Spanish Embassy will provide them with more specific information.

Non-Spanish Former Residents of Spain: Non-Spanish former residents of Spain applying outside Spain must contact their respective countries' embassy in Madrid, Spain. The embassy should then contact the Spanish Ministry of Justice if that country has a reciprocal agreement with Spain for police certification. The address for the Spanish Ministry of Justice is:

Ministerio De Justicia

Registro Central de Penados y Reveldes

C/San Bernardo 45,

28071 Madrid, Spain

Non-Spanish Citizens Living Illegally in Spain: Police certificates are unavailable for non-Spanish citizens living illegally in Spain. There are no alternatives available for visa applicants needing Spanish Police Certificates who live illegally in Spain.

Edited December 8, 2009 by La Souris

[Summer75 16]

I think you will have to write a letter explaining that you are unable to get your Police record from Spain. See: http://travel.state.gov/visa/frvi/reciproc...ocity_3673.html

Police Records

Available. The Spanish police certificate is known in Spain as “Certificado de Antecedentes Penales.”

If you are a Spanish national residing in Spain, you may apply in person or by mail at the Ministry of Justice, Plaza de Jacinto Benavente 3, 28012 Madrid, Spain.

If you are a Spanish national living outside of Spain, you should apply through the Spanish Consulate in the country where you are currently living.

Third country nationals (TCN) legally living in Spain must apply at the Ministry of Justice, San Bernardo 45, 28071 Madrid.

A TCN illegally living in Spain is unable to obtain a police certificate.

If you are a former legal TCN currently living outside of Spain, contact the consulate of your nationality in Spain. (Example: Italians should contact the Italian Consulate in Madrid). If Spain does not have a reciprocal agreement with this country, a police certificate is not available. A list of countries having reciprocal agreements with Spain is not available. Applicants must check with each individual consulate regarding their country's reciprocal agreement status.

If you are a former illegal TCN currently living outside of Spain, you cannot obtain a police clearance.

Spanish citizens must contact the Spanish Embassy in their country of residence to request a Spanish Police Certificate. The Spanish Embassy will provide them with more specific information.

Non-Spanish Former Residents of Spain: Non-Spanish former residents of Spain applying outside Spain must contact their respective countries' embassy in Madrid, Spain. The embassy should then contact the Spanish Ministry of Justice if that country has a reciprocal agreement with Spain for police certification. The address for the Spanish Ministry of Justice is:

Ministerio De Justicia

Registro Central de Penados y Reveldes

C/San Bernardo 45,

28071 Madrid, Spain

Non-Spanish Citizens Living Illegally in Spain: Police certificates are unavailable for non-Spanish citizens living illegally in Spain. There are no alternatives available for visa applicants needing Spanish Police Certificates who live illegally in Spain.

Exactly La Souris, that is exactly what we did. My husband wrote a letter as NVC required, he sent it yesterday. He explained why I can´t get a Spain police record, of course I have never been arrested in my life!! My interview is gonna be in my home country, They know already I have been here and they also know Im moving back to my country this month. My point is.. how do u think it is gonna affect the visa? I just heard that for being illegal in another country they punish u with 1 year... I dont know if that is true.... Thank u for your answer!!

[conquest 0]

The way I see it . Being in spain illegally in a way is his police report. If he cant get one that is kind of too bad. You should of done it leagally. To me I see a great propensity to live illegally in the USA tat doesnt reflect real good on you.

You will need to get the police report but you cant they already know you were in spain so you cant hide it. You kind of screwed your self. I hope that if and when you do get to the USA you decide to live by our laws of immigration and all other laws that we have here.

[Summer75 16]

Im sure there must be someone in the same situation?? am I the only one?? Im going back to my home country this month, NVC knows it! just wonder what would happen at the interview!! Im so nervous!! I need my husband!!