Are police clearance needed in this case

[Hakkenouw 19]

Now, I know that I need a police clearance for every country I have lived in for more than 6 months, however, my case is not as clear-cut, or so it seems to me.

 

From the beginning of October 2016, I was in Canada where I received a working holiday visa at the end of December 2016.

Now in December, I was in the States for 2 weeks, and also in January, I was in the States for 2 weeks (separate visits). For 3 weeks during February 2016, I had my only official job in Canada, after which I spend most of March in the States. Then I went back to Canada for a week since my second I-94 was about to run out, then the rest of April and beginning of May was spent in the States. Halfway May I went home to the Netherlands via Canada, and returned to the States via Canada on a new I-94 in July and stayed a little over three weeks in the US again. So from October 2016 until May 2016, I stayed a total of 4 months in the States and 4,5 month in Canada.

 

My Canadian working holiday visa was valid from the end of December 2015 until the end of December 2016. All the US border crossings were done via land on a total of 4 I-94s, that are separated by only a few days, thus, I do not have stamps to prove how much time I spend in either Canada or the States. During this whole time, I was registered as a resident in The Netherlands since I was not sure when I was going to return.

 

On top of this Canadian adventure, I am at the moment studying a 9-month programme in Sweden. Sweden does not allow European citizens that stay in Sweden for less than 12 months to register, however, the Netherlands requires citizens that are abroad for 8 months per year or longer to deregister (?), which I did not do. So from mid-August 2016 till mid-December 2016, I was in Sweden. And also from mid-January 2017 until the end of May 2017, I will be in Sweden. Now, I don't even know if it will be possible to obtain a police clearance in Sweden because I have never been registered.

 

For the record, on my G-325A I have only written down my Dutch addresses since I have been always officially registered in The Netherlands. So the Embassy might not even inquire about these foreign police certificates but when they inquire about my many visits to the states and my actual residence they might require these I suppose.

 

So my question is; do I need a police clearance from either Canada and/or Sweden?

 

 

 

Edited January 25, 2017 by Hakkenouw
Grammatical error

[Suss&Camm 2,213]

1 hour ago, Hakkenouw said:

Now, I know that I need a police clearance for every country I have lived in for more than 6 months, however, my case is not as clear-cut, or so it seems to me.

 

From the beginning of October 2016, I was in Canada where I received a working holiday visa at the end of December 2016.

Now in December, I was in the States for 2 weeks, and also in January, I was in the States for 2 weeks (separate visits). For 3 weeks during February 2016, I had my only official job in Canada, after which I spend most of March in the States. Then I went back to Canada for a week since my second I-94 was about to run out, then the rest of April and beginning of May was spent in the States. Halfway May I went home to the Netherlands via Canada, and returned to the States via Canada on a new I-94 in July and stayed a little over three weeks in the US again. So from October 2016 until May 2016, I stayed a total of 4 months in the States and 4,5 month in Canada.

 

My Canadian working holiday visa was valid from the end of December 2015 until the end of December 2016. All the US border crossings were done via land on a total of 4 I-94s, that are separated by only a few days, thus, I do not have stamps to prove how much time I spend in either Canada or the States. During this whole time, I was registered as a resident in The Netherlands since I was not sure when I was going to return.

 

On top of this Canadian adventure, I am at the moment studying a 9-month programme in Sweden. Sweden does not allow European citizens that stay in Sweden for less than 12 months to register, however, the Netherlands requires citizens that are abroad for 8 months per year or longer to deregister (?), which I did not do. So from mid-August 2016 till mid-December 2016, I was in Sweden. And also from mid-January 2017 until the end of May 2017, I will be in Sweden. Now, I don't even know if it will be possible to obtain a police clearance in Sweden because I have never been registered.

 

For the record, on my G-325A I have only written down my Dutch addresses since I have been always officially registered in The Netherlands. So the Embassy might not even inquire about these foreign police certificates but when they inquire about my many visits to the states and my actual residence they might require these I suppose.

 

So my question is; do I need a police clearance from either Canada and/or Sweden?

 

 

 

For USA and Canada - doesn't it say on the i.94's your entries? In any case, you dont' need clearances from there as you say you were there 4.5 months each.

 

For Sweden, do you have a personnummer? This is where you can contact the police to ask about extract from police records..

https://polisen.se/en/Languages/Service/Police-Record-Extracts/

 

and form to fill in

https://polisen.se/Global/www och Intrapolis/Blanketter/Registerutdrag/PM_442_4_extract_crim_rec_registry_161122_Eng-Acroform.pdf

Edited January 25, 2017 by Suss&Camm

[Hakkenouw 19]

5 minutes ago, Suss&Camm said:

For USA and Canada - doesn't it say on the i.94's your entries? In any case, you dont' need clearances from there as you say you were there 4.5 months each.

 

For Sweden, do you have a personnummer? This is where you can contact the police to ask about extract from police records..

https://polisen.se/en/Languages/Service/Police-Record-Extracts/

 

The I-94s only say the first entry, every other entry made on the same I-94 does not get an individual stamp. I lived in British Colombia so sometimes I got an I-94 just because I was going across the border for a couple hours, a week later I would go to the states for a couple weeks which was not individually recorded as I already had an I-94.

 

As for Sweden, I do not have a personnummer since they do not give those out if you stay for less than 12 months. (Subsequently, I do not get discounts at the grocery store, cannot open a bank account and even have to jump through many hoops to start a gym membership..) 

[Suss&Camm 2,213]

Just now, Hakkenouw said:

The I-94s only say the first entry, every other entry made on the same I-94 does not get an individual stamp. I lived in British Colombia so sometimes I got an I-94 just because I was going across the border for a couple hours, a week later I would go to the states for a couple weeks which was not individually recorded as I already had an I-94.

 

As for Sweden, I do not have a personnummer since they do not give those out if you stay for less than 12 months. (Subsequently, I do not get discounts at the grocery store, cannot open a bank account and even have to jump through many hoops to start a gym membership..) 

Maybe you have secondary evidence? Such as using a bank card where ever you were? In any case just make sure you have all the dates and be truthful. The truth is you were only there for 4.5 months each.

 

Well the form doesn't require a personnummer, but best thing call the number and ask them

[Fr8dog 312]

Regardless of time spent in the US. You don't need to get that one. That's part of the screening.

[Suss&Camm 2,213]

Just now, Fr8dog said:

Regardless of time spent in the US. You don't need to get that one. That's part of the screening.

that's true lol you never need it for the US

[Hakkenouw 19]

2 minutes ago, Suss&Camm said:

Maybe you have secondary evidence? Such as using a bank card where ever you were? In any case just make sure you have all the dates and be truthful. The truth is you were only there for 4.5 months each.

 

Well the form doesn't require a personnummer, but best thing call the number and ask them

 

Ah, I looked over the document, thank you so much! I will give them a call tomorrow morning as they have just called it a day. Do you know how recent a police clearance has to be?

 

As for secondary evidence, I might indeed be able to use my bank card records. However, I'm a bit paranoid about that, as I have an American bank that shows that I have deposited larger sums of money as I have imported multiple vehicles into the States. And I've been told before that you are not allowed to import and sell vehicles if you are not a legal resident of the States. Furthermore, the officers can question about the prolonged periods in the States, which could require me to admit to working under the table..   

[Suss&Camm 2,213]

1 minute ago, Hakkenouw said:

Ah, I looked over the document, thank you so much! I will give them a call tomorrow morning as they have just called it a day. Do you know how recent a police clearance has to be?

 

As for secondary evidence, I might indeed be able to use my bank card records. However, I'm a bit paranoid about that, as I have an American bank that shows that I have deposited larger sums of money as I have imported multiple vehicles into the States. And I've been told before that you are not allowed to import and sell vehicles if you are not a legal resident of the States. Furthermore, the officers can question about the prolonged periods in the States, which could require me to admit to working under the table..   

Well it should ofc be as recent as possible.. but it also takes a lil bit (maybe like 2 weeks) to get it. So talk to them and ask about...if you can get it ask how long t would take.. I think mine was within like 30 days upon filing...

 

Well, you should consider that they might find this out, during their security checks...

[Hakkenouw 19]

1 minute ago, Suss&Camm said:

Well it should ofc be as recent as possible.. but it also takes a lil bit (maybe like 2 weeks) to get it. So talk to them and ask about...if you can get it ask how long t would take.. I think mine was within like 30 days upon filing...

 

Well, you should consider that they might find this out, during their security checks...

 

Would that jeopardise my case? I officially imported the vehicles and had them registered at the DMV, and no official has ever questioned me about it. (The information about not being allowed to import vehicles as a non-resident came from a Canadian friend, that called the border in order to see if he was able to do the same, after I had imported the vehicles already.)

 

As for working under the table, does the US only waive this for spouses of US citizens and not this early in the application?

[Suss&Camm 2,213]

24 minutes ago, Hakkenouw said:

Would that jeopardise my case? I officially imported the vehicles and had them registered at the DMV, and no official has ever questioned me about it. (The information about not being allowed to import vehicles as a non-resident came from a Canadian friend, that called the border in order to see if he was able to do the same, after I had imported the vehicles already.)

 

As for working under the table, does the US only waive this for spouses of US citizens and not this early in the application?

You should always tell the truth to immigrations... I'm unsure about what the admission of working would do for your case, but I know that lying and being caught is misrepresentation and grounds for denial for which you would require a waiver...

Unlawful work is only forgiven for spouses yes, and it is a violation of US immigration laws.. I just don't know what the actual consequences would be to your K1 application.. Maybe another member can give you a better answer on that part.

[Fr8dog 312]

The whole thing about working does not come up until you fill out the DS-160 prior to the interview. When you fill it out, be truthful. There is room for explanation on the form. I had something similar where it wasn't clear if I had overstayed or not. I checked the yes box and gave the explanation. It was brought up at the interview and I explained the situation. I was told that was the smart thing to do. (Turned out I was not in violation at the time).

 

Don't lie! that's the big no-no.

 

[Hakkenouw 19]

18 hours ago, Suss&Camm said:

Maybe you have secondary evidence? Such as using a bank card where ever you were? In any case just make sure you have all the dates and be truthful. The truth is you were only there for 4.5 months each.

 

Well the form doesn't require a personnummer, but best thing call the number and ask them

 

I just gave them a call and instead of a personnummer I can include a copy of my passport or drivers license in the request!

 

13 hours ago, Fr8dog said:

The whole thing about working does not come up until you fill out the DS-160 prior to the interview. When you fill it out, be truthful. There is room for explanation on the form. I had something similar where it wasn't clear if I had overstayed or not. I checked the yes box and gave the explanation. It was brought up at the interview and I explained the situation. I was told that was the smart thing to do. (Turned out I was not in violation at the time).

 

Don't lie! that's the big no-no.

 

 

As for the working thing, I will just see how it will end at the embassy, maybe they will never ask but if they do I will answer truthfully. 

[Suss&Camm 2,213]

2 hours ago, Hakkenouw said:

I just gave them a call and instead of a personnummer I can include a copy of my passport or drivers license in the request!

 

As for the working thing, I will just see how it will end at the embassy, maybe they will never ask but if they do I will answer truthfully. 

Great

 

Well on the DS-160, visa application to the embassy,you will be asked have you been in the US, how long and when... and if you have ever "otherwise violated the terms of a US visa". You swear to the answers on that application... if you lie it is misrepresentation if caught.. 

[Suss&Camm 2,213]

If you answer yes to that question, there is a box to explain..

 

If you opt to let them know, I would say yes and write a very short and factual statement. 

 

"Imported and sold car across Canada-US border. Later found out this was in violation of work authorization rules." Or smth similar... then if they ask you, you can explain further.... 

 

If you decide not to mention it, there will be a risk to it... it's up to you to evaluate the risks for your application..

[Hakkenouw 19]

1 hour ago, Suss&Camm said:

If you answer yes to that question, there is a box to explain..

 

If you opt to let them know, I would say yes and write a very short and factual statement. 

 

"Imported and sold car across Canada-US border. Later found out this was in violation of work authorization rules." Or smth similar... then if they ask you, you can explain further.... 

 

If you decide not to mention it, there will be a risk to it... it's up to you to evaluate the risks for your application..

 

I will then indeed state both the vehicle imports as well as the illegal work. Would that risk my employer to suffer charges?