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David Borgeson

Police Report from Canada for non-Canadian immigrant to US - Privacy Act or not?

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Hi all,

 

I'm a US citizen petitioning for an IR-1 visa for my Japanese wife to immigrate to the US. She spent a year in Canada over ten years ago, and NVC is asking for "a Police Report from Canada" as part of her Civil Documents.

 

There appears to be different types of Police Reports from the Royal Canadian Mounted Police. One is a regular report and another one is a 'RCMP Entire Holdings' report under the Privacy Act. From what I have read so far the Privacy Act version became mandatory for Canadian immigrants to the US in 2018. However, I have not seen anything specifically about non-Canadian citizens who need to furnish a police reports because they lived in Canada temporarily.

 

I wonder if anyone could provide some clarity for me. Since there is no mention of 'Privacy Act' or 'Entire Holdings' in NVC's request for the police report document, and since the information i've seen thus far about the Privacy Act is related to Canadians immigrating to the US, I am assuming we do not need the Privacy Act version of the police report, but I thought it better to check.

 

Thanks in advance for your help,

 

David

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*~*~*country-specific question moved to Canada regional forum*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Timeline

Sorry, you assume incorrectly.  The same type of police certificate is required for anyone who needs one from a specific country, not just citizens of that country or those whose interview will be in that country, unless it is specifically states otherwise in the State Department information.  (For example, there are some countries where someone not currently resident in a specific country can not get the normally-required police certificate; the information will then tell you what is required in lieu of it.  Canada is not one of those countries.)  

 

The requirements for Canadian police reports are spelled out on the State Department website:  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Canada.htmlNVC will be looking for a police report that matches the requirements stated in this link.  The information in the "Special Seal (s)/Color/Format" shows they are looking for a document requested under the Privacy Act.  (There is a link to the RCMP site that shows how to get the certificate and how to get the required fingerprints submitted if you are outside Canada.) 

 

Hope you get it all worked out without too much trouble.

Edited by jan22
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Wow, thanks for the detail and clarity of your response, jan22. So much of the information is indeed laid out in plain black and white in government information, but how and when that's applied in specific cases is often confusing. And some officials are better at communicating clearly than others. It is immensely helpful to have someone say this requirement applies in all immigration cases, whether the applicant is a Canadian citizen or not. Again, thanks.

 

David

 

 

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Filed: K-1 Visa Country: Canada
Timeline
23 hours ago, Julia0705 said:

Privacy Act. I made a lot of mistake about it, so you have to tell them specifically its Privacy Act. My Application got delayed because I gave them the wrong police cert. 

did yours say “other” or “non-certified criminal information” next to the privacy act (or something else)? I just got my fingerprints taken today, and I’m worried I let them bully me into getting the wrong one...

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Thanks for the upload, Julia0705. And many congratulations on your visa approval!!!

 

I have one more technical question, if you (and others can jump in, too) don't mind. I have read that the return from must say, like the one above, "For Non-Certified Criminal Information".

 

Is there anything special you need to do to make sure this text appears on the result, besides check the Privacy Act box in the Reason For Application section of form C-216C? Do you need to write "For Non-Certified Criminal Information" or anything like that on the form? If you do, where do you write it?

 

Here's a blank form to reference.

CA CCRR RCMP Form C-216C (1).pdf

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