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Business visa M : Police clearance certificate ( PCC ) unobtainable

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Hi everyone. I’m new to this forum. I need some help and advice. 

I have been in china for 5 years under Business visa, and I’m still here. This is my third business visa here in China. 

I’m in the process of preparing documentation for K1 visa interview. 

With Business Visa, you don’t need residence permit, just need to leave every 90 days. Neither I do any registration for temporary residence( I have no idea I need to do it until recently ). 

Im residing in Shanghai where getting PCC has the most requirements. 

So what can I do for the PCC? I have read any post in the forum, did a lot of research. But I didn’t see anyone has the exact same story. 

Will a statement from a lawyer be accepted? ( stating the fact that I’m under business visa which makes the pcc unobtainable). 

Someone know the notary officer told me that they( the local authority ) only give the PCC to foreigner who is either a student or working for a company in China ( pay tax in China ). But these are not written, more like an unwritten practice. 

But I’m working for a company outside China, under Business Visa, pay tax in another country. No residence permit , no TRRF. 

Im certainly being here legally and clean though. 

Whats the best thing I can do ?  

 

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On 1/8/2020 at 12:36 PM, BigShirmp said:

Hi everyone. I’m new to this forum. I need some help and advice. 

I have been in china for 5 years under Business visa, and I’m still here. This is my third business visa here in China. 

I’m in the process of preparing documentation for K1 visa interview. 

With Business Visa, you don’t need residence permit, just need to leave every 90 days. Neither I do any registration for temporary residence( I have no idea I need to do it until recently ). 

Im residing in Shanghai where getting PCC has the most requirements. 

So what can I do for the PCC? I have read any post in the forum, did a lot of research. But I didn’t see anyone has the exact same story. 

Will a statement from a lawyer be accepted? ( stating the fact that I’m under business visa which makes the pcc unobtainable). 

Someone know the notary officer told me that they( the local authority ) only give the PCC to foreigner who is either a student or working for a company in China ( pay tax in China ). But these are not written, more like an unwritten practice. 

But I’m working for a company outside China, under Business Visa, pay tax in another country. No residence permit , no TRRF. 

Im certainly being here legally and clean though. 

Whats the best thing I can do ?  

 

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 an 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 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

 

* 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

 

 

We need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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