Please Help - Police Certificate From China (merged threads)

[RandyW 149]

Perhaps using a western lawyer in China would help convince whichever embassy you're up against that it's an impossible dream - and (hopefully) be cheaper than a trip there yourself.

[Greg Mc 6]

Hello all,

 

After my long awaited K1 visa interview my application has been put on hold pending obtaining a police certificate from China. I explained to the case officer that I followed US state gov. directions and all local directions and the police / notary office refused to provide me one arbitrarily, probably owing to me living in a small town where police never deal with foreigners but just got an arbitrary "no" after spending a week visiting different police stations and notary offices. Anyone familiar with China or unaccountable state bureaucracies will know this situation well...

 

I described this to my case officer. I presented a stamped and signed letter from my chinese employer detailing our failed efforts. I also have chat logs from my colleague who was helping me with translation at the time indicating our unsuccessful attempt. My case officer wouldn't look at any of this and told me to contact the Chinese embassy here in Dublin,  Ireland. 

 

I spent all of this morning at the Chinese embassy to be told, once again, that police certificates are a local matter and they can't assist me at all. My case officer asked me to contact the US consulate if I could not get any assistance and they might be able to liase with their Chinese colleagues. 

 

To my disappointment after a detailed email sent to the US consulate, they simply responded with a copy/pasted link to their instructions on Us state.gov. I already discussed how I followed these instructions and was unsuccessful... It's disgusting that they just ignore your case entirely and respond with automated answers that are clearly not applicable or helpful.

 

I was under the impression that consulates made provisions for unobtainable police certificates from countries like China, especially if the candidate has documented efforts to attain one through the correct channels and could not through no fault of their own.

 

I cannot afford to leave work / fly back to china on my own where I have now no contacts or help to translate in a small, rural police station that would not even help me with a Chinese citizen present, let alone me on my own with poor Chinese...

 

Can anyone help? Should I just contact a lawyer/congressman/departmentof foreign affairs/ US ambassador or something?

 

Thank you.

Edited June 19, 2019 by Greg Mc

[Greg Mc 6]

23 minutes ago, RandyW said:

Perhaps using a western lawyer in China would help convince whichever embassy you're up against that it's an impossible dream - and (hopefully) be cheaper than a trip there yourself.

Unfortunately a lawyer seems to cost as much if not more than a trip to China...:(

[Tere Branly 18]

my fiance is in the same situation but it is with Cuba unfortunately has to be in the country and personal ... I was lucky to find a friend who did the process for us ... he deals in that way in Cuba as he does not live in the country you had to give your passport number ... make sure that the document is certified .. I am waiting to receive it.

[givionte 138]

There are immigration lawyers and services out there that specialize in obtaining these legal documents for you.  Your only choice is to cough up some cash and hire someone to do it, and if they can't do it they will obtain legal evidence stating the police refused to provide the information, which will be accepted by the consulate.  You could fly there, but that I would imagine won't be much cheaper, and still a huge headache as they like to give foreigners a runaround on this document.

 

Personally, I've been a fan of https://lawandborder.com/china-police-certificates/  Law and borders Chinese legal advice they have psoted for years on their website, and would my trust in them to obtain this document.

[RandyW 149]

Check the Gary Chodorow Law Firm web site (I can't get there right now myself) - I'll bet he's got a write-up on the difficulties of obtaining a No Criminal Certificate for a foreigner.

 

You can even have your embassy contact the Consulate in Guangzhou with any questions about the process (or lack thereof) of obtaining one.

[RandyW 149]

At their quoted price of $950 - $1300 (www.lawandborder.com), I don't see why you wouldn't go with them (the Gary Chodorow Law Firm), whether they can get you one or not

 

• United States: “In the event that the immigrant establishes to the satisfaction of the consular officer that” a police clearance “is unobtainable, the consular officer may permit the immigrant to submit … other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain.” 9 FAM 504.4-4(F) (emphasis added). Such other satisfactory evidence that a person has no criminal conviction may include, for example, “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.” 9 FAM 504.4-4(B) (emphasis added). In our experience, an individual’s own affidavit or an employer letter may also be satisfactory evidence that a person has no convictions.

[Greg Mc 6]

1 hour ago, RandyW said:

At their quoted price of $950 - $1300 (www.lawandborder.com), I don't see why you wouldn't go with them (the Gary Chodorow Law Firm), whether they can get you one or not

 

• United States: “In the event that the immigrant establishes to the satisfaction of the consular officer that” a police clearance “is unobtainable, the consular officer may permit the immigrant to submit … other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain.” 9 FAM 504.4-4(F) (emphasis added). Such other satisfactory evidence that a person has no criminal conviction may include, for example, “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.” 9 FAM 504.4-4(B) (emphasis added). In our experience, an individual’s own affidavit or an employer letter may also be satisfactory evidence that a person has no convictions.

Thanks RandyW. Yes I quoted this text to the US consulate without success...unfortunately for me that price represents a large chunk of money, especially seeing as there appears to be a wait of 6 months ahead to secure just the temporary work permit...:(

[Greg Mc 6]

3 hours ago, Tere Branly said:

my fiance is in the same situation but it is with Cuba unfortunately has to be in the country and personal ... I was lucky to find a friend who did the process for us ... he deals in that way in Cuba as he does not live in the country you had to give your passport number ... make sure that the document is certified .. I am waiting to receive it.

Thanks, trying hard to find someone who can try again... Also have the problem of local police not complying which didn't seem to be a problem for you guys. Good luck!

3 hours ago, givionte said:

There are immigration lawyers and services out there that specialize in obtaining these legal documents for you.  Your only choice is to cough up some cash and hire someone to do it, and if they can't do it they will obtain legal evidence stating the police refused to provide the information, which will be accepted by the consulate.  You could fly there, but that I would imagine won't be much cheaper, and still a huge headache as they like to give foreigners a runaround on this document.

 

Personally, I've been a fan of https://lawandborder.com/china-police-certificates/  Law and borders Chinese legal advice they have psoted for years on their website, and would my trust in them to obtain this document.

Thank you. Their fees are extortionate and I can't afford them...

[Ryan H 3,812]

***Duplicate threads merged; do not start multiple threads on the same issue.***

[RandyW 149]

The visa is optional - they have no obligation to issue one. I have no idea why they're giving you this Quixotian task - perhaps you could start a thread under your own consulate

[TBoneTX 45,288]

An inappropriate post has been removed, and a private message sent.

Edited June 21, 2019 by TBoneTX

[visafrompa 9]

On 6/19/2019 at 1:56 AM, RandyW said:

Bribes are Nature's Way of announcing that you are a filthy rich foreigner, and what you think of their legal system.

 

Ever have a baby in a Chinese hospital? 

 

I think 99% of the problem is that people simply don't know that the PSB needs to even look you up.

 

Oddly, the Canadian immigration web site seems to have the most detailed information:

 

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/china.html 

 

Some highlights:

 

If you apply at The Public Security Bureau (PSB): the PSB will issue the Certificate of No Criminal Convictions to applicants with Z (Work), X (Student) and J1 (Journalist) visa classes. If you have a different visa class, you need to ask your local PSB office how to apply. You can apply in person or nominate a representative to apply on your behalf.

 

Different cities have different ways to apply and you should ask your local office how to apply. Most places in China will allow a representative to apply for a police certificate on your behalf. To nominate a representative, you must give the person a signed notarized authorisation letter (available at the office where you apply). When your representative applies on your behalf, he or she must bring:

His or her national ID card

A signed notarised authorisation letter from you

His/her original Permanent Residence Registration (Hukou) bookletFootnote**

 

 

I would think at the least you would need to provide a copy of your visa, your residency permit, and passport.  

All of the documents that your local police station (in China) or embassy tells you are needed when you apply

Edited July 2, 2019 by visafrompa

[samnrong 52]

On 6/19/2019 at 11:35 PM, Greg Mc said:

Thanks, trying hard to find someone who can try again... Also have the problem of local police not complying which didn't seem to be a problem for you guys. Good luck!

Thank you. Their fees are extortionate and I can't afford them...

The immigration process can be complex and expensive. Once arriving on a K-1 Visa it can be 6-8 months until you’re granted a work permit.

 

I don’t mean to sound harsh, but if you can’t afford $1,300 for a critical document needed to secure the visa, how do you expect to afford the rest of the immigration process?

[Greg Mc 6]

13 hours ago, samnrong said:

The immigration process can be complex and expensive. Once arriving on a K-1 Visa it can be 6-8 months until you’re granted a work permit.

 

I don’t mean to sound harsh, but if you can’t afford $1,300 for a critical document needed to secure the visa, how do you expect to afford the rest of the immigration process?

Not a matter of can't afford, would rather not  spend. Apologies for the lack of clarity on that Thank you for your input...

Edited July 18, 2019 by Greg Mc